论国家确定本国货币与外国货币关系的权利

On the Sovereignty on Establishing Relationship Between Domestic Currency and Foreign Currency

国家确定本国货币与外国货币关系的权利是国家对外行使其货币主权的一项重要内容。在国际法的理论上,习惯国际法允许每个国家自行确定其国际私法体系并决定外国货币法在内国的适用范围,自行决定是否对其货币进行升值或贬值,自行确定是否以及如何实施外汇管制。然而,一方面,随着国际法的发展,国家的这些权利逐渐受到一定的制约;另一方面,金融全球化的发展也对国家的这些权利产生了一定的侵蚀。

It is an important part of monetary sovereignty that a state has power to establish relationship between domestic currency and foreign currency.Under the principal of international law,the state’s undeniable sovereignty over its currency is traditionally recognized by public international law.It follows that,subject to such exceptions as customary international law have grafted upon the rule,the municipal legislator is free to define the currency of his country,to decide whether or no to depreciate or appreciate its value,to impose exchange control or to take other measures affecting monetary relations.And where international relations arise,customary international law allows each state to devise its own system of private international law and thus to determine the extent to which the monetary laws of foreign states are applicable within its boundaries.However,along with the development of international law,these powers of a state have been gradually restricted by international law on the one hand,on the other hand,they have been eroded inch by inch in the pace with the development of financial globalization.