国际法中的国家博弈:小国挑战大国的视角

Power Play Between Nations in International Law: From the Perspective of Small States Challenging Big States

小国借助国际法挑战大国是国际社会中一个值得关注的发展动向。小国与大国在国际法历史沿革和现实运转中的角色差异以及小国所面临的外生压力、内生需求和大国干预,驱动小国不断以国际法为杠杆挑战大国。国际法是小国所依赖的博弈资源,国际立法和国际司法是小国据以挑战大国的具体路径。无论是发生缘起还是博弈手段,小国挑战大国这类实力非对称主体之间的博弈都与实力对称主体之间的博弈方式存在区别。面对小国的挑战,大国需要在是否遵守国际法规则、是否平衡国际法权利义务、是否促进国际法治等层面予以识别和度量,并采取应对措施。在应对小国挑战的过程中,中国不能忽视联合国安理会常任理事国和世界上最大的发展中国家的身份定位,要坚持合作共赢的新型国际关系和正确义利观,审慎应对小国的挑战。

International law is an important medium for the power play between nations. Although big states play a leading role in creating and applying international laws, there is an increasing trend that small states have been challenging big states with the help of international laws. How to deal with the challenges that small states launch by using international laws is a practical issue that big states have to consider.When we analyze the topic of small states using international laws to challenge big states, there are several issues that cannot be ignored. First, we must determine how to distinguish between big and small states. The methods of distinguishing big states from small states are diverse. However, there is a consensus on which countries are big states. Second, it is important to determine what drives small states to challenge big states. This could be caused by the disparities in roles played by small states and big states in the development of international laws. Small states may also have concerns about protecting their own interests. Moreover, differences in the ability to cope with risks could also cause small states to challenge big states. Finally, the intervention of other big states could also affect small states’ behavior.There are two major ways small states may challenge big states. One is to rely on international legislations and the other is to rely on international courts. In terms of the former one, small states have made a series of legal attempts with the help of international organizations. As to international courts, a large number of judicial institutions provide diverse platforms for small states to challenge big states. It should be noted that there are both commonalities and differences between the way small states challenge big states and the way countries with close or symmetrical powers challenge each other.Facing the challenges of small states, big states should analyze the following aspects. Firstly, at the micro level, it is necessary to examine whether the behavior of small states complies with relevant rules of international laws. Secondly, it is necessary to analyze whether the behavior of small states creates an imbalance of rights and obligations between countries. Thirdly, at the macro level, it is necessary to examine whether the behavior of small states facilitates the development of international rule of law.In the process of dealing with the challenges from small states, big states can respond in four ways:playing a leading role in safeguarding the authority of international laws, analyzing the demands of small states from a longer-term perspective, seeking interests in common with the small states, and maintaining self-interests in a reasonable and proper manner. As one of the permanent members of the UN Security Council and the largest developing country in the world, China must pay attention to the challenges initiated by small states with the help of international laws.