国际法第四章 国际法的原则.docxVIP

国际法第四章 国际法的原则 第 PAGE \* Arabic \* MERGEFORMAT 5 页 CHAPTER FOUR THE PRINCIPLES OF INTERNATIONAL LAW Introduction: Why we need fundamental principles in both municipal and international laws? Municipal: p1 para1 Most States have written constitutions that lay down the fundamental principles regulating social intercourse（社会交往）. Principles are the pinnacle (塔尖) of the legal system and are intended to serve as basic guidelines（指导方针） for the life of the whole community. Besides imposing general obligations（设定一般义务）, they also set out the policy lines and the basic goals of State agencies（国家机构）. Furthermore, they can be drawn upon for the construction (解释) of legal provisions, whenever rules on interpretation (解释) prove insufficient. International law: p1 para2 They differ from the general principles of national legal systems, which are legally binding.（拘束力） The three postulates（主张） are merely legal constructs (创制) reached through an inductive (归纳的) process based on generalization of some of the distinguishing traits (特性) of international rules. Through such a theoretical process（理论过程）, the conclusion can be reached that most international rules grant a wide sphere of action to States（国家活动范围）; proclaim, or start from the assumption（假设） of, the legal equality of States; and tend to legitimize（合法化） situations which have acquired de facto force (事实上的效力). What are the three postulates in international community before the adoption of the UN Charter? 自由、平等、效率 What is the importance of the UN Charter and why there is a need to improve it? 重要性：Thus, an international treaty of overriding 高于一切的importance set forth the fundamental standards governing State action and established the main goals of international institutions. 改进的原因：it gradually emerged in the 1960s that they were too loose and did not meet the demands of new States. (p2 para2) How significant is the UNGA Resolution 2625(XXV)? The principles agreed upon in the 1960s and proclaimed in the 1970 UN Declaration on Fr