国内公法对国际法的影响
蔡从燕国内公法对国际法的影响
Influence of Public Law on International Law
期刊名称：《法学研究》
期刊年份：
作者：蔡从燕
单位：厦门大学法学院
中文关键词：国际公法;等级制与集中化
英文关键词：international law;private law;public law;order of international relationship
中文摘要：
国际法包括私法意义上的国际法和公法意义上的国际法。近现代国际法本质上是一种私法意义上的国际法，但国际交往的日益频繁与复杂必然要求建立某种形式的等级制与集中化架构，公法意义上的国际法应运而生。作为一种后发的法律秩序，国际法受到较为成熟的国内法的影响是很自然的。在借鉴国内公法发展国际法时面临某些重要的障碍，也会产生不可忽视的风险，应该予以充分的注意。国内公法日益影响国际法的趋势对于中国的国际法理论与实践将产生重要的影响。
英文摘要：
It is very clear that, private law has great impact on the emergence and development of international law. The reason is that, international law regulates the relationship among sovereign states, and sovereign rights equality is the fundamental principle of international law. Thus private law, derived from Rome, which also emphasizes the equality among private persons, was quickly introduced into the construction of new order of international relationship in modern time. Private law is the earliest source of the theories and systems of international law, and has facilitated the prosperity of international law.However, along with the further development of international relationship, the more and more frequency and complex of international intercourse, and the more and more important positions of international organizations and private persons in international relationship, some kind of ranked and centralized mechanism should be established to adapt to the new reality of international relationship. So it is also necessary to learn from the theories and doctrines of public law. This paper suggests that, there are already some indications of the influence of public law on international law. As far as theories are concerned, constitutionalism in international law has been widely discussed, and global administrative law has spring up. In practice, the element of constitutionalism emerges more and more frequently in determinations of international organizations and rulings and judgments of international court and other agencies to settle international disputes. But such practices are limited.There exist some hindrances for international law to learn from public law, such as the sovereign rights equality principle, democracy in the international society, and so on. These hindrances should be paid attention to. The movement that public law has more and more influence on international law has great significance to Chinese theories and practices of international law.
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