International Law is universal,Usually required countries to be used as abstract legal subjects equivalent to enjoy their rights and commitment obligations。But,Actually,Different roles that play in the international legal system,The position of countries in various countries must be divided into a division,It may be in change。
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Wish to know,International Law Source Born in the West,Development has so far,It has both aspects of the following two aspects,Corresponding to it is the position that China treats international law's maintenance and amendment uniform。On the one hand,Due to its rules, it is necessary to be consent from various countries,Therefore, it is the embodiment of the common will of the international law.。For this,China takes a maintenance position for international law,It can be expressed as China that supports "international order based on international law"。On the other hand,International Law has not completely got rid of the shadow of the Western system hegemony。Because of this,China advocates that international law needs to make amendments to eliminate the hegemony factors,Proposal "It should promote the development of international order towards a more fair and reasonable direction",Including this meaning。How to dialectically treat this "change" and "unchanged" of international law,It constitutes a large focus of our focus on the evolution of China's international law.。
Bet365 app download Looking at the "results logic" based on interest -based rationalism and conceptualism based on conceptual "appropriate logic" two international relations theories,A country always chooses the result to be beneficial to the international law that is good for yourself and you think is the right international law; accordingly,Changes in the interests of a country and the change of concepts will bring the country's evolution of the country's position。At the historical stage,The changes in China's national interests and concepts,It is closely related to the changes in the role of Chinese family in the international legal system。So,It is necessary to sort out the trend of the evolution of China's international law.,Finally, you need to focus on the main line of the change of Chinese characters that are mainly defined by power in different periods。
According to the perspective of Huffman, a well -known international relations theory, Huffman,International Law can be divided into "laws of political framework", "laws of coexistence", "laws of cooperation", "laws of community"。It should be said,For these different types of international law,The evolution of the Chinese position caused by the changes in national characters defined by power has a common context,But its specific pulse is not exactly the same。
Specifically,"Law of Political Framework" refers to an international legal system used to build the basic state of the international system,China's position in this type of international law,It will not change due to changes in your own national role。"Located Law" refers,such as diplomatic relations, etc.,In essence, it belongs to the reciprocal international law,It exists bet365 best casino games in line with the basic interests of various countries。From this,China's position on this type of international law will not have a big change with the changes of their own national characters。"The Law of the Community" refers to an international legal system based on the common value of the international community that transcends power between power and gain for power.,Even if your national role changes,China will not change the basic position to maintain such international law out of its own advantages。"Law of Cooperation" is essentially a mutually beneficial international law,The most typical is the International Economic Law。Obviously,"Mutual" in this type of international law points is not just the productivity of cooperation in the country (whether it is mutually beneficial),and more important is often the distribution of cooperation income (how to reciprocate),The key to determining whether the cooperation can be realized is whether the status of the income distribution can be accepted by countries。But,In international cooperation,The strength of strength (power) is usually the main factor of determining the benefits of various countries in interest dimensions; and the size of the income will involve whether the conceptual dimension is fair。Visible,"Cooperation International Law" although it is based on benefits,but it is related to power and concept,The inherent logic of the three major elements of the link is: power is a traceable starting point,Once the national strength changes,Views of the two dimensions of the two dimensions through changes in interests and their derived concepts,It will eventually clearly affect the evolution of a country's focus on the bet365 live casino games "international law" position。
China's position evolution of "international law" in China
Three types of "standing out of the foreigners", "rich participant" and "strong leaders" they have experienced corresponding to the national role of power defined,formed the three typical samples of the New China to treat the "International Revolution", "Internal Improvement in the System" and "Cross -System Improvement"。
At the beginning of the founding of New China,China just "stand up",Facing the Western world is still in a weak position,It is still a "foreigner" that has not entered the "International Law" system under the leadership of the West。until before the reform and opening up,The role of "standing up" because of this "standing out of the foreigner" is the position of China's "foreign revolution" of "cooperative international law",The most representative is in the field of international economic and legal。After World War II,Western main creators have the international economic legal system with the Bretton Forest system as the pillar,It complies with the market -oriented power definition of the basic rule of income,seriously damaged the interests of poverty -stricken developing countries,It has caused extremely injustice results。For this,From the 1950s to the 1980s,The majority of developing countries have set off a climax of establishing a new international economic order movement。Intera,China is a "outside system" country,But for the realm of developing countries that are also weak,,Therefore, resolutely support them to carry out this dilapidated new "revolution"。
China, which is reform and opening up, has won the role of "rich participants"。Benefiting from the globalization bet365 best casino games process,China has risen rapidly as the world's largest emerging country with "rich"。At the same time,China becomes a "participant",Entering the Western -led "Cooperation International Law" system,Historical events with iconic significance are 2001 China joined the World Trade Organization。As a "rich participant",With the rapid improvement of its own strength,China has achieved increasing benefits from the "International Law of Cooperation",The cognition of the distribution of its income to itself has also weakened。So,China advocates building a "harmonious world",Choose a more gentle "in -system improvement" position for "cooperative international law"。For example,In the WTO,The first thing to do in China is to maintain the smooth operation of the multilateral trading system,Then promote the treatment of improving developing countries on this basis,If it supports it to obtain more special and differential treatment, etc.。
time until 2013,China officially advocates the concept of the community of human destiny,It marks that China is approaching the world's stage,Start playing the new role of "Strong Leader"。Correspondingly,On the question of how to treat "international law",China is doing the position of "cross -system improvement"。The "cross -system" here not only means that China will continue the practice of "improvement in the system" in the past,And will break out the cocoon,Leading the reconstruction of this international legal system in addition to the "cooperative international law" system led by the West。
"International Law of Cooperation" built by China Big Big Domain,is a "win -win international Bet365 lotto review law" that upgrades the traditional "mutual benefit international law"。China regards the "partner" relationship between the founding of the country and the country as the main way to create a community of human destiny,cooperation between partners must follow the principles of win -win,That is to adhere to the correct concept of conceptualism such as "Hongyi Rongli" and "Righteousness and Lisa",To "take care of the country's reasonable concern when pursuing the interests of the country"。No doubt,Fairness and reasonableness of seeking cooperation income,Not only can it promote the formation of more "international law",and also shows the progress of this new type of "cooperative international law"。For example,In the "Belt and Road" cooperation framework,The Asian Investment Bank system established by China is a large example。The World Bank and International Monetary Fund Organization created by Western countries implement a weighted voting system,The veto of all important matters in the United States on all important matters; and the governance system of the AIIB broke the Western regulations,Although China has half of the shares of the bank,But from the beginning, I refused to engage in "a single"。
Last,What needs to be clarified is,China as a "strong leader",Under the guidance of the concept of the community of human destiny, adopting the "cross -system improvement" position,Not as stigma as some Western scholars,is building an alternative "Witongian International Law" system,Instead, it aims to promote the development of the current international legal order towards a more fair and reasonable direction。
(The author is a professor at the School of Law of Xiamen University)
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