On the nature of international law

Abstract: The correct understanding of the nature of international Law for us to recognize the existence of the root causes of international Law, the internal mechanism and the future direction of development of great significance. That international Law is the essence of the countries (or groups of countries) based on the balance of power between the interests of global protection, coordination and distribution, concentrated expression of the Cold War between the developed and developing countries as a struggle between economic interests and mutual compromise.

Keywords: National interests; essence of Law; the international community; the nature of international Law

International law is formed in international exchanges, for the adjustment of international relations (mainly inter-State relations), legally binding principles, rules and systems in general. [1] Zeng Liang that the 21st century, international law and order of the first thrust is the common interest of mankind. Thus the main objective of international law is not so much in line with the establishment of a justice, as it is an orderly mechanism for international relations. Some people think that "start from stakeholders, international law, international law, particularly the current There is no doubt that safeguarding national interests, but the nature of the area, but it is the common interests among countries and the common interests of mankind (collectively, the "common interest"). and the nature of domestic law, interest is national interest. So the relationship between international and domestic law seems to be simplified for the common good relations with the national interest. "[2] This is the essence of the problem on international law rather idealistic point of view. and still others to the nature of international law has always been the strong will, is the repeated trials of strength between strong and weak results. [3] or that "imperialism is the law of the jungle pursued, gangster logic, international law is the essence of imperialism, it spoils the Code." [4] This is the essence of the problem on international law rather a Marxist point of view of realism.

Described from many scholars, we can understand how much their views on the nature of international law, but because of the complexity of international law itself and is not the nature of international law scholars to make a comprehensive overview. Moreover, most academic emphasis on the international community intense conflict, solved the problem of the neglect of the nature of their discussion, however, the correct understanding of the nature of international law on the existence of international law that we recognize the source of the internal mechanism and driving force of future development is of great significance . to ascertain the problem, not only to solve a brief outline of the theory of some controversial issues, but also help us in the complicated international situation, to make the right decisions.

First, the root meaning of the law
The nature of international law need to see from the nature of law. Western jurists rarely directly describes the nature of law, but in the three main legal definition of a party under the law, we can still understand their understanding of the nature of law . natural law school of scholars in the world, there is a natural eternal code of conduct, the specification of man's will is eternal, it embodies the nature of reason and justice, and only meet this can be called a standard method. Analysis of Law School of jurists from the actual existence of legal norms to discuss the concept of law. They think "what the law is" and "what the law should be" are two different things, the contents of the study is limited statute, that is pure and strict sense of the law. social positivist school of thought is that the law is as a social fact, "living law", the social order is the law, is the substance of the law. [5]
China law experts in the reform and opening up, after several major discussions have been largely overcome the "law of class struggle" biased, abandoning the so-called "law is a manifestation of the will of the ruling class", "class nature is the essence of law only," etc. rigid definition. [6] many Researchers on the essence of law is discussed. Some Researchers believe that "law is the law of the nature of the core issue, but also any legal Research can not and should not avoid the major theoretical issues." [7] This view emphasizes the importance of the nature of law. Guodao Hui believes that freedom, rights and powers of these three elements constitute the essence of law and the law, law is the three elements of the compound. composed of three law three-dimensional, are indispensable. some of the Researcher that the essence of law is confirmed by the overall interests of human society, distribution and maintenance of the society as a whole is shared by the social conditions of material life decisions. Tong Wei believes that the law of nature in Today can be recognized as "the distribution of social rights and regulate their use of behavior." Here, the social rights of society as a whole the rights referred to. It is a reflection of the legal interest of the community legal areas to attribution of ownership has been set of wealth for the origin, showing the sum of legal rights and powers, or, as some Researchers call the "broad rights." [8]
Second, the nature of the determinants of international law
Should be able to reflect the nature of international law, international law Sources and internal driving force of development and changes, and determine its future direction. To study the nature of international law, the objective of its existence first to the social basis of the subjective and the subject of international law aspects of analysis to understand the interdependence of which the basic characteristics of the entire international community.

1, the presence of the international community an objective social basis of international law
The social basis of international law, international law and development of the "soil". "Emergence and development of international law, has its specific social base, which is the coexistence of many sovereign nations, and the exchanges and cooperation with each other to form a variety of international relations and the existence of the entire international community. "[9] of modern international law needs to adapt to a complex world situation, all countries, especially economic and military power, always seeking to acquire benefits by participating in international activities, and this interest is on many occasions by damage to other countries (especially small and weak countries) interests acquired. The basic features of contemporary international society determines the essential characteristics of the existing international law, the continuous development of the international community continue to promote the progress of the evolution of international law. while another is to coordinate the various national law an important means of interest. the two are interdependent and mutually reinforcing.

Contemporary international society or in international basic features of the old order. Embodied in the international Political hegemony and power politics. "Unequal distribution of power in relations between the state and the main factors of a general" [10] States to meet their to pursue interests, you can use a variety of international relations in the Political, economic, diplomatic means, until the use of force. This kind of strength-based international order, its essential character is that of hegemony and power politics.

In the field of international economic law, economic globalization and international division of labor and national Political and economic power imbalances in the development of international economic law is to determine the nature of the objective factors. The current international economic order still based on economic exploitation of the developed countries to developing countries and plunder on the basis of the international economic order. Its main features are: the unreasonable and unfair international division of labor based on capitalist production system; characterized by unequal exchange in international trading system; the monopoly features of the International Monetary fund system; unequal international economic decision-making system. [11]
2, the pursuit of national interests and development of international law and subjective conditions for the internal needs
National interests is a country the highest standards of international relations, but also all the people of the nation-state to meet all the basic material and spiritual needs. International law is a conflict of interest and coordination of national results, but also by principles, rules, regulations, etc., by law The binding force of international relations and national interests to adjust the specification. In a globalized world, national interests have been confined to one country can not be simple interest. countries for the pursuit of national interest for participation in international exchanges. for the common interests of all countries and the common interests of mankind, the state between the consensus, to enter into contracts in order to maximize the national interest to avoid a lose-lose situation. international law is gradually produced in the process and developed. international law, and shall have will be on the national interests and common interests among countries to adjust, and is committed to safeguarding the common interests of mankind.

Third, the nature of the content of international law
In summary, I believe that is the nature of international law, countries (or groups of countries) based on the balance of power between the protection of global interests, coordination and distribution. Epitomized the Cold War between the developed and developing countries, the struggle between economic interests and compromise.

1, the struggle between the developed and developing countries of the post-Cold War international relations in the main aspects of conflict.

The international community is still the main contradiction in the contradiction between the developed and developing countries. Between developed and developing countries generated in the process of economic development is the source of conflict: the history of the formation of the unreasonable old international division of labor pattern, the economic relations between developing and developed countries is the inequality in developing countries being developed to control and plunder, and in the process of globalization and trade liberalization, the wealth gap between developed and developing countries not only but did not reduce the widening. from the launch of the WAPI standard process of discrimination and obstruction often can be seen, the developed countries are more concerned about is how to divide the common interests of the global economy, not the so-called common good of mankind.

Developed and developing countries within the framework of the fight in the WTO is also very intense. In order to maintain the old economic order has long been obtained with vested interests, developed countries have been trying to keep the round of WTO negotiations in the dominant position. From the Member States view the status of the WTO, developed countries tried to occupy the "head" of the dominant position. developed the technological advantages of standard-setting decisions of their right to speak, through the WTO agreement allows the principles of technical standards to ensure that they are using their product advantages and competitiveness, technical standards become a covert means of trade protection. developing member countries within the framework of the multilateral trade status is clearly the weak position. developing countries in the multilateral trading system, while not indispensable, can only act as a supporting role ; from the rule-making point of view, developed countries are WTO rules makers, but only the rules of the recipient developing countries. The existing WTO provisions in the areas of environmental trade almost all areas of particular concern to developed countries, while developing countries areas of concern, such as in the country to be banned or severely restricted the export of goods, hazardous waste and waste of transnational transfer, high-polluting industries such as transfer to developing countries, there is no specific requirement. [12] In addition, the program issues, developed countries try to dominate the formulation of the issues, to impose their will on developing countries. the lack of democratic approach to negotiations in the past is and will be facing developing countries in the negotiations as a major challenge. These are the WTO between developed and developing countries within the framework of the struggle of the side. reposted elsewhere in the Research Papers Download http://www.hi138.com This contradiction sometimes heated, so that the coordination function of WTO failure .2006 sometimes temporarily, because of agricultural subsidies and agricultural assistance is difficult to bridge their differences on the World Trade Organization members have been suspended for 5 years old Doha round of global trade talks. World Trade Organization Director General Pascal Lamy said: "We fell into extreme difficulties." [13]
2, the coordination between developed and developing countries in international exchanges and cooperation in the development and changes in the inevitable trend of contradictions
Everything is the struggle of identity and unity. In the international community, peace and development is the theme of the times. After all, the developed and developing countries in the World Trade Organization are mutually dependent. The establishment of international law in the international community the primacy of international law on the common human values take precedence over narrow national interests and to ensure that the interests of international order "formal justice" towards ensuring international order "substantial justice" in the direction of the inevitable development in human history. [14 ]
The present era, the interdependence of countries in the world between countries with a lot of common interests and shared responsibility with maintaining human survival and environmental protection responsibility involving the common interests of mankind. The conflict between developed and developing countries is not a non- reconcilable. Instead, we should see, it is the contradiction between developed and developing countries that struggle and constantly changing international economic order to promote the progressive development. After all, some common among countries "national interest" is the formation of an important link in international relations, and coordination of international law is an important means of national interest. developed and developing countries within the framework of international law both in the struggle and compromise with each other, which is conducive to the protection of global interests, coordination and distribution.


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