国际法院与共同利益的保护:实践、发展与影响

The International Court of Justice and the Protection of Common Interest: Practice,Development and Impact

对于国家能否单纯地基于所享有的共同利益而通过国际法院来援引他国的国家责任问题,国际法院在长期司法实践中一直避免正面回应。随着国际关系和国际法的发展,国际法院开始通过若干重要案例予以积极回应。在"比利时诉塞内加尔有关或引渡或起诉义务问题案"中,国际法院第一次确认了国家基于共同利益所享有的出庭权,从而标志着国际法院在此问题上形成和确立了新的法理。国际法院对国家基于共同利益出庭权的认可,既给《国家对国际不法行为的责任条款草案》第48条提供了支持性案例,与之形成了互动,又会给干涉问题在国际法上的发展带来重要影响,同时还会影响到国家未来的行为模式。

During the long term judicial activities,the International Court of Justice（ ＂the Court＂） had always avoided positively responding to a highly sensible issue,i. e.,whether a State has the right to invoke the responsibility of another State for its international wrongfully acts at the Court based on its legal standing on common interest. With development of international law and fundamental change of international relations,the Court in recent years has changed its previous negative attitude towards this issue. This change has been demonstrated by several significant cases the Court dealt with,particularly in its Judgment delivered on July 20,2012 concerning Questions Relating to the Obligation to Prosecute or Extradite（ Belgium v. Senegal）. In this judgment,the Court confirmed Belgium＇s standing basing upon common interest and by doing this demonstrated its new established jurisprudence. This new jurisprudence provides a supporting case for Article 48 of the Draft Articles on Responsibility of States for Internationally Wrongful Acts,as well as an important legal tool for States to intervene in international relations. The practice of the Court introduces significant impacts for its development of intervention in international law,as well as for future behavior patterns of States.