太平洋学报2023，Vol.31Issue(12)：16-32,17.DOI:10.14015/j.cnki.1004-8049.2023.12.002
联合国决议的国际造法功能:基于大会和安理会的两极视角
The International Law-Making Function of the UN Resolutions:A Bipolar Perspective of the General Assembly and the Security Council
摘要
Abstract
Being the most universal and authoritative international organization in the world today,the U-nited Nations(UN)has promoted the development of international rule of law with its dual roles as a regu-lator and a lawmaker,and has played a core role in global governance.The resolutions of the UN General Assembly and Security Council have high legal and political authority,profoundly affecting the international politics of the UN and its member states,as well as the development of universal international law. By taking into account both the diachronic dimension and the synchronic dimension,an examination of the resolution practice of the UN General Assembly and Security Council shows that they have distinctive characteristics of the law-making in different historical contexts and functional domains.Based on the dis-tinctions in law-making mechanisms,especially in subjects and their decision-making processes,the law-making practice of making the resolutions of the General Assembly and the Security Council reflects the po-larized international law-making function of the UN.Specifically,their elements in diverse dimensions,such as the procedural democratic representation,the substantive universality of content,and the legal binding force,manifest bipolarization attributes within range between strong and weak,universal and spe-cialized,as well as soft and hard.Reflecting upon the relative normativity of these resolutions further calls for the necessity for a more cautious review and improvement of this approach of the law-making. The formation and development of the international law-making function of the UN resolutions have in-herent logical underpinnings and impetuses,being grounded in an objective social foundation.With the pro-gress of institutionalization,democratization,and rule of law in international relations,the organizational expansion of inter-state politics and the openness of the sources of international law constitute important ba-ses for the polarized law-making of the UN resolutions.The game between power politics and democratic politics in decision making reveals the political logic of polarized law-making of the UN resolutions,while the dynamic sources of international law determined by the diversification of the subjects and their trans-formative values provide theoretical support and inherent impetus for this law-making approach. For the purpose of international rule of law,performing the international law-making function of the UN resolutions depends on their institutional constraints and the balance of power,and it is also influenced by the concept of law-making which conforms to the basic values of international law and the coordination of the will of the state.As a permanent member of the Security Council,China can provide value guidance for the UN resolutions and shoulder the responsibility of a major country to promote the international rule of law through the UN,and develop the global governance system towards a more just and reasonable direction.关键词
联合国决议/国际造法/联合国大会/联合国安理会/动态法源Key words
United Nations resolutions/international law-making/UN General Assembly/UN Security Council/dynamic sources of international law分类
社会科学引用本文复制引用
刘晶..联合国决议的国际造法功能:基于大会和安理会的两极视角[J].太平洋学报,2023,31(12):16-32,17.基金项目
本文系国家社会科学基金重点项目"国际法价值体系的和谐同构研究"(23AFX023)的阶段性研究成果. （23AFX023）
