国际法的合法性:挑战和新出现的问题

Abdulkarim Abdullahi, Idriss Garba Musa
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引用次数: 0

摘要

在围绕传统国际关系探究的学术对话中,存在着一场持续的争论,即鉴于国际法作为一种运作体系所面临的某些挑战,我们是否可以认为国际法是合法的。尽管国际法在促进国家间合作关系方面发挥着至关重要的作用,同时也为解决争端的战略提供了框架,从而维持了全球的长期稳定,但围绕权威性的问题常常使人质疑其作为合法的同类机构的能力。执行机制根本不像其他法律体系那样集中化或标准化,而其他论点则涉及国家主权的限制。支持者认为,合法性源于国家同意和支持性条约义务,再加上以前的决定所确立的法律先例。这种对 "法律确信"(国家权力圈内外的共同信念)等因素的依赖被认为是在平等基础上创建可执行规范的重要组成部分。本文旨在理解国际法的合法性,尤其是考虑到国际关系中新出现的问题。为了实现这一目标,本文采用了自由制度主义理论,该理论认为国际体系需要有一个管理其事务的制度。国家是国际体系中的主要行为体,国际法被视为集体决策的产物,国家自愿同意遵守某些规则和义务。本文的结论是,除了国际法合法性面临的挑战之外,还有一些新出现的问题,如网络安全、气候变化、国际法性质的演变,这些都被视为国际法合法性面临困难的因素。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The legitimacy of international law: challenges and the emerging issues
Within academic conversations surrounding traditional international relations inquiry exists an ongoing debate around whether or not we can consider international law legitimate given certain challenges it faces as an operational system. Despite playing vital roles in promoting cooperative relationships between states while also providing frameworks for dispute resolution strategies which sustain global stability over time, issues surrounding authority often call into question its capacity as a legit kindred institution. Enforcement mechanisms simply aren't as centralized or standardized as it is in other legal systems, while other arguments deal with state sovereignty limitations. Supporters argue that legitimacy stems from state consent and supportive treaty obligations, combined with legal precedent set by former decisions. This reliance on factors such as "opinio juris" (shared belief both within and outside of state power circles) is considered an important part of creating enforceable norms on equal footing. The paper aims at understanding the legitimacy of international laws especially considering the emerging issues in the international relations. With this objective, the paper adopts the theory of liberal institutionalism, where it states that the international system requires the existence of a system that will governs its affairs. With states as the main actors in the international system, international law is seen as a product of collective decision-making, where states voluntarily agree to abide by certain rules and obligations. The paper concludes that apart from the challenges to the legitimacy of international law, there are emerging issues like cybersecurity, climate change, evolving nature of the international law which are seeing as factors that pose difficulties to the legitimacy of international law.
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