论联合国“三重”理事会——以改革中的人权理事会为视角

On "Threefold" Councils of the United Nations——The Human Rights Council under Reform as Perspective

2006年成立的联合国人权理事会已经与原有的安理会、经社理事会一起初步形成了与《联合国宪章》的"三重"宗旨即"和平与安全、发展、人权"相吻合的"三重"理事会。"三重"理事会的形成是近年来联合国改革新路径的目标,体现了健全的国际法治理念。充分实现"三重"理事会的理想目标,关键在于改革中的人权理事会能否最终成为联合国的主要机构之一。"三重性"的概念源于古罗马私法,并渗透于现代西方法治,也深深影响了格劳秀斯、康德等创立和发展的国际法理论及实证国际法体系。联合国的创建虽然体现了健全的国际法治理念,但因受制于历史条件而难以构建和平时期应有的健全法治体系。尽管联合国改革面临许多严峻挑战,但是,人类社会走向健全国际法治的步伐不会停止。

The United Nations Human Rights Council was established in 2006,which cooperates with the Security Council and Economic and Social Council as 'threefold' Councils to achieve the 'threefold' purposes of the United Nations for peace and security,development and human rights.It is the new approach to reform the United Nations reflecting the ideal rule of international law.The key to realize the ideal of the proposed ' threefold' Councils is whether the Human Rights Council can finally become one of the principle organs of the United Nations.The concept of 'threefold' was originated from the Roman private laws and has influences on modern western rule of laws including the theories of international law created or developed by Grotius and Kant as well as the positive international legal system.The establishment of the United Nations was intended to practice the ideal rule of international law,but it was limited to historical reasons with difficulty to realize the ideal.Although the reform of United Nations is still facing great challenges,international community has determined toward the ideal rule of international law.