国家的“离开”“回归”与国际法的未来

The Leaving and Return of the State and the Future of International Law

自近代民族国家产生以来,"离开"是国家行动的基本轨迹,其基本含义是国家主权不断受到限制。国家的"离开"有助于促进国际法——尤其普遍国际法——的发展,推动国际法治与国内法治、维护国际和平与安全,以及增进国际繁荣,但其中也存在着许多不足或不公平。由于国际关系与国际法自身都发生了重大变化,近年来国家出现了"回归"的现象与趋势。国际法律秩序进入新的重建期;尤其是,国际法与国内法的关系将被重构,国际法日益受到国内法的制衡而国内法则将获得更多的尊重;国际法的多元主义趋于增强。这为新兴大国重塑国际法律秩序提供了重要机遇。国家的"回归"对于国际法治和国内法治的影响是复杂的,但无论如何并不当然是消极的。

From the inception of modern national states,to leave has been the trend of States in their activities,the basic tenet of which is to accept that their sovereignty was gradually limited over time.The leave of States has enhanced the development of international law,especially universal international law,the improvement of rule of law at international level and domestic level,the maintenance of international peace and prosperity.Many drawbacks and injustices existed in this process,however.Given there have been many substantial changes happening to international relations and international law itself,the trend of return of States have been emerging in recent years.International legal order enters a new period of reconstruction.In particular,the relationship between international law and domestic law is reconstructed and,as the result,international law is gradually balanced by domestic law and domestic law is given with more respects;the pluralism of international law is enhanced.As the result,emerging great powers have substantial potential to reshape international legal order.The implications of the return of States on international rule of law and domestic rule of law are diverse;however,these implications are not necessarily negative.