全球经济治理新模式的法治化路径
刘敬东全球经济治理新模式的法治化路径
New Model of Global Economic Governance and its Pathto Rule of Law
期刊名称：《法学研究》
期刊年份：
作者：刘敬东
单位：中国社会科学院国际法研究所
中文关键词：全球经济治理;《国际经济合作宪章》;国际经济合作组织;争端解决机制
英文关键词：the global economic governance;International Economic Charter;International Economic Organization;economic dispute settlement system
中文摘要：
传统全球经济治理模式不能反映当前国际经济关系的变化，既缺乏民主性，也不适应经济全球化带来的新挑战，必须加以改革。各国可以考虑制定《国际经济合作宪章》，确立平等及相互尊重、实现共同利益和促进合作与广泛共识的法律原则；扩大新兴经济体和广大发展中国家参与治理，在G20机制的基础上设立具有最高权威的“国际经济合作组织”；以WTO争端解决机制为蓝本建立一整套国际经济争端解决机制，从而实现全球经济治理的法治化。
英文摘要：
Various indications have proved that global economic governance should be charged with increasingly urgent tasks, and the traditional model of governance and the process of the rule of law are being challenged with the historical changes of the balance of world economic power.In order to promote the process of global economic governance and the rule of law, the principle of equality and mutual respect, the common interests principle, and the principle of promoting cooperation and broad consensus should be established as new legal principles. The principle of quality and mutual respect is the basis of the legitimacy of the global economic governance, which requires all members of the international community to enjoy equal participation in international exchanges and decision-making and mutual respect for their respective positions. The common interests principle is the core objective of the global economic governance, which requires realizing the interest of all countries through the global economic governance, rather than a country or group of self-interest, nor self-interest of the developed countries. The principle of promoting cooperation and broad consensus is the guiding principle of global economic governance. Economic globalization needs the cooperation among countries and a broad consensus is the only way to solve the various problems and challenges faced by globalization. Global economic governance needs not only to reform the existing model and built a new one, but also to seek the new path of the rule of law. That is, an “International Economic Charter” should be formulated to meet the new requirements of international economy, the establishment of a new International Economic Organization with the highest authority should be discussed to integrate the existing international economic organizations, and a complete set of Economic Dispute Settlement Mechanism should be built based on the dispute settlement mechanism of WTO to enhance further the stability and predictability of the international economic relations and governance.
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