Coordinated to promote the rule of law and the rule of law from foreign countries，It must be attached to the role of international law。Compared with domestic law，One of the prominent features of international law is，The country is both the "legislator" of international law and the object of the international regulations。During the applicable process bet365 live casino games of international law，The international community has developed a large number of judicial and quasi -judicial international dispute settlement mechanisms。According to incomplete statistics，Since the establishment of the first permanent arbitration institution in the early 20th century -since the common arbitration court，excluding temporary arbitral tribunal and other temporary claims institutions，Internationally exists in more than 40 permanent and semi -common international dispute solutions。If you take into account temporary mechanisms such as temporary arbitral tribunal and temporary claiming committee，Coupled with other commercial dispute resolution agencies that can handle disputes involving sovereign countries，This quantity is huge。These institutions are in the process of resolving disputes，Specific international laws often need to be explained to be applicable to specific cases。Explanation of international laws and laws，It will inevitably bring the continuity of the law of international law。

　　bet365 live casino games

The so -called legal continuation，refers to the existence of loopholes established by the legislation，Fill in loopholes through the creative interpretation of the judge，So as to achieve the improvement and development of legal Bet365 app download norms。Compared to the "one legislation" of the legislature，Laws implemented by the judge through legal interpretation can be called "second legislation"。It is also in this sense，Judicial law continuity function must be strictly limited。But the continuation of the law is inevitable，This is related to the incomplete language expression of legal norms。As Ralanz said，Explanation performed only in the "possible word meaning scope of the law" of law is the explanation，Explanation of legislative purposes beyond this range，It can only be a legal continuation。Due to the vagueness of the words itself，"Possible semantic boundaries" cannot be absolutely clear，In the process of connecting the normative language to the facts referred to, there is an inevitable space that needs to expand or limit interpretation of semantics，The possibility and necessity of the continuity of the law。This is particularly prominent in the international law field full of a large number of principles and non -essays。

First，Because there are a lot of principles and habitual specifications，When international agencies that resolve disputes are facing a case，I often face questions about how to interpret such specifications。and this explanation，In addition to the strict semantic interpretation of the "Convention on the Vienna Treaty Law" "，Also consider "its context"，"and refer to the purpose and purpose of the treaty" to explain "goodwill"。This explanation is beyond the so -called "semantic boundary"，In fact, it constitutes a renewal of law。For example, in the maffezini v. Spain case，The arbitral tribunal explains the most beneficiary country in the International Investment Treaty as the terms of dispute resolution，As a result (at least in this case), a legal continuation of the law of the application of the most beneficial country treatment clause。

Next，A large existence of the continuation of bet365 Play online games international law is also related to the diversity of the implementation of the law of the implementation of laws。There are currently a large number of international dispute resolution agencies，These institutions do not all belong to each other，Different dispute resolution rules are implemented in each，The interpretation rights and scope are also different。Therefore，It is easy to cause contradictions and conflicts between continuity results，thus affecting the stability of international law order。For example，On the issue of whether the dispute is to be used to apply the most benefited country，At present, there are two types of post -creation legal rules。Except for applicable methods mentioned above，There are still practices that are not available for renewal (such as the results of the Plama v. Bulgara case)。other，For the composition of the personnel of these institutions，Generally implement a limited term system (such as various international courts and courts) and temporary appointment system (such as various arbitration agencies)。The limited term of the case trial will provide it with an opportunity to continue the impulse of the law of opportunity，Especially its value concept、Cultural background、Professional literacy and other factors will affect its pursuit of rule stability and purpose in the process of law continuity，So that the same person in different cases appears to make different identifications of the same rules in different cases，Reduced the legitimacy of the law for law。

Last，Unique procedures for international dispute settlement mechanisms will also affect the diversity bet365 live casino games of international law，Especially the quality that will affect its legal continuity。At present, most international dispute resolution agencies adopt a first -instance review mode，It can be described as a measure, which may produce legal continuity effects，and lacks a level of supervision bet365 Play online games mechanism like a domestic court to provide the quality guarantee for law continuity。other，Most international dispute resolution mechanisms clearly exclude the application of the so -called "precedent" system。Subsequent cases are not obliged to abide by the legal specifications created in previous cases，and you can continue to create a new specification in accordance with the rules of the interpretation。Therefore，The consequences of continuing through this kind of mechanism may be that multiple contradictory specifications coexist，Insufficient generality and stability of the continuous rules。

The continuation of international law carried out by the dispute resolution mechanism，Will affect the results of the case。New specifications formed after continuing，Sometimes even beyond the original intention and real purpose of the original specifications。When it is applicable to a case，The result generated may far exceed the expectations of the parties，thus affecting the state's attitude towards the results of the case，even bring the dispute solution mechanism and the duration of the international legal system it is (such as some Latin American countries withdraw from the ICSID mechanism、Some European countries withdraw from the "Energy Charter Treaty"、The United States obstructs the WTO appeal mechanism, etc.)。To a certain sense，A large part of the crisis facing today's international law is due to this so -called "mechanism" dispute resolution mechanism.。

　　Active response to China International Law

International Law Construction of Dispute Solving Mechanism，It has a positive role to make up for the vulnerability bet365 live casino games of international law，It also affects the results of the dispute resolution、The negative effect of eroding the foundation of international law。Especially for international law, a deep western brand system,，Under the background of the "mechanism" of the West on the "mechanism" of international law，How to deal with it scientifically，Requires China's international law to make positive and powerful response。

First，Strengthen theoretical research。First，To strengthen the basic theoretical research on the continuation of law, especially international law,。Law continuation is not only a legal problem，It is also a linguistic、Logic、Multi -disciplinary comprehensive problems such as psychology and sociology。For international law involving multi -cultural consensus，Its law continues to create richer features，Need to strengthen theoretical research。Next，The continuation object of the international law is the norm of international law。To deeply understand the continuation bet365 live casino games of international law，It should also strengthen the proposition of international law Yuan、​​Study on the category and Yuan rules，The philosophy of law from international law、Law History、Dharma, doctrology and law sociology to strengthen theoretical research，Provide theoretical support for the benign construction of China's participation in international laws。

Second，Innovative innovation。As an international Fatter is the latecomer of the international dispute solution，It should be said that China's foreign law -related laws have not enriched the empirical experience of international law.。Facing the diversified dispute resolution mechanism，We need to strengthen the participation of the dispute resolution mechanism，Understand in participation、Grasp the mechanism and formation bet365 live casino games of international law，and finally promote its development。For this，You can assign judges、Application of international civil servants、Funding intern and visiting scholars，Incorporating the practice of an important international dispute resolution mechanism，Strengthen the training of related practical talents，Emphasize the construction of a professional team，Jiu Jiu Gong，Form professional force。

third，Promoting Legislative bet365 best casino games Development。The continuation of international law and the law of making the law is a limited、The relationship between mutual causality。The clearer the international law creation，The clearer the boundary of the international law; the greater the freedom bet365 live casino games of international law，The more difficult the consistency of the international law, the more difficult。To limit the randomness created by international law，Make sure its purposefulness，It should be continuously pursuing the clarity of international law creation。For this，It should be targeted at the principle of the international laws itself、Unable to be a technical specification more，Evidence and difficulty problems，Strengthening specification research，Actively participate and promote the formulation of international law、Edit、Reconstruction and other legal activities，Enhance the certainty of international laws。

Fourth，Strengthen exchanges and cooperation。Research indicates，The cultural characteristics of the dispute resolver will affect its attitude towards the continuation of law and its continuing behavior。For this，Exchange between international jurists with different countries and cultural backgrounds should be promoted，Efforts to form a "largest common division number" that has attitude towards international law and international law。especially，Strengthening exchanges between international law scholars in emerging countries can help break the theory of Western Center，Provides the continuous creation of international law to provide a broader multi -international law culture contribution。As a big country that is increasingly closer to the center of the world，China's active participation of international law continuous participation，Not only will it help the correct performance of international law continuity function，help to promote the formation Bet365 lotto review and innovation of more fair and reasonable international law order。

(The author is assistant to the president of Xi'an Jiaotong University、President of Law School; Deputy Secretary -General of the Legal Policies of the Silk Road Economic Belt of Xi'an Jiaotong University、Associate Professor)