摘要
在人类面临新挑战与国际社会出现新变化的背景下,国际法全球化与碎片化共存的现象明显,国际法的刑事化现象不断增多,国际法与国内法相互渗透、相互影响的趋势更加凸显,国际法的调整范围不断向非传统安全领域扩展。与此同时,当代国际法所肩负的期望和使命也越来越多。发展、安全、人权等国际法价值目标已经得到了国际社会的普遍认可,国际宪政思潮已经成为国际法学界不能回避的课题,国际社会的民主和法治已成为时代要求,国际社会共同利益的理念已渗透到国际法中。
Since the beginning of 21 century, international relationship has changed greatly and human beings face a lot of new challenges. Firstly, Crises of 21 Century Style rise, such as the Nuclear Issues of North Korea and Iran, the Global Financial Crisis in 2008, and the United Na- tions Climate Change Conference 2009. Secondly, the global financial crisis has caused deeply change of international power comparison. The economic powers of the U. S. , Japan and the member states of EU have decreased, while the comprehensive powers of China, India and Brazil have increased. Thirdly, the tendency of institutionalization of international community is more obvious, the number of international organization increases rapidly and the fields they concerned are enlarged. In the context of new changes of international community, the development of contemporary international law also embodies new characters. Coexistence phenomenon of globalization and fragmentation of international law is more prominent. The criminalization of international law is also more obvious with some criminal prosecutions against state leaders in recent years. Then the mutual influence between international law and domestic law is highlighted. The main tendency is the effect of international law on domestic law, which reflects the requirement of international or- ganizations for some of state sovereignty to be transferred. Finally, the fields of international law are enlarging, that is, from the regulation of space expeditions to the division of the ocean floor, from the protection of human rights to the management of international financial system. In fact, its involvement has spread to all the aspects of international life. In the meanwhile, contemporary international law is shouldering more and more expectations and responsibilities. The values of international law, such as development, safety and human rights have been recognized by international community in some extent. International constitu- tional ideas have become an unavoidable problem of international jurisprudence. The concept of common interests of international community has penetrated into the international lawl In this background, the study of international law in China should actively pay attention to and suit to such changes.
出处
《法学研究》
CSSCI
北大核心
2010年第3期175-185,共11页
Chinese Journal of Law
基金
国家社科基金重大招标项目"发达国家新能源法律政策研究及中国的战略选择"(项目批准号09&ZD048)的阶段性成果
关键词
国际法的新发展
国际法的价值
international law, new development, values of international law
