王毅：中国是国际法治的坚定维护者和建设者（中英对照）

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中国是国际法治的坚定维护者和建设者

China, a Staunch Defender and Builder of International Rule of Law

 

王毅

Wang Yi

 

10月24日是“联合国日”。69年前的今天，现代国际关系史上对世界和平、安全与发展影响最为深远的国际法文件——《联合国宪章》正式生效。在这个日子里，我们有必要重温《联合国宪章》的宗旨和原则，恪守维护和平与国际法治的承诺，摒弃“强者为所欲为，弱者逆来顺受”的丛林法则，坚持推进国际法治，促进国际公平正义。

 

October 24th is the United Nations Day. On this day sixty-nine years ago, the Charter of the United Nations, the instrument of international law with the most far-reaching impact on world peace and security in the modern history of international relations, officially came into effect. On this important day, there is every necessity for us to review the purposes and principles of the UN Charter, reaffirm the commitment to maintaining peace and international rule of law, reject the law of the jungle where the strong do what they want and the weak suffer what they must, and uphold international rule of law, equity and justice.

 

习近平主席今年6月在和平共处五项原则发表60周年纪念大会上指出，应该共同推动国际关系法治化，在国际关系中遵守国际法和公认的国际关系基本原则，用统一适用的规则来明是非、促和平、谋发展。这深刻阐明了中国致力于维护和建设国际法治的坚定立场。

 

Chinese President Xi Jinping pointed out in his address delivered in June this year at the meeting commemorating the 60th anniversary of the Five Principles of Peaceful Coexistence that countries should make joint efforts to promote the rule of law in international relations, abide by international law and universally recognized basic principles governing international relations, and apply common rules to tell right from wrong and pursue peace and development. This is an incisive exposition of China’s firm commitment to upholding and promoting international rule of law.

 

坚持国际法治是中国基于自身经历做出的郑重选择。鸦片战争后的100多年里，殖民主义、帝国主义给中国带来了深重灾难。中国长期被列强无端剥夺了平等适用国际法的权利。中国人民为维护国家主权、独立和领土完整进行了不屈不挠的斗争，终于建立了新中国。新中国坚定选择以国际法为基础，根据和平共处五项原则与各国建立新型国家关系，冲破了帝国主义、霸权主义的孤立、封锁和军事威胁，恢复了在联合国的合法席位，实行了改革开放，全面融入国际体系，取得了令世人瞩目的发展成就。抚今追昔，中国人民深知主权、独立与和平之珍贵。中国比任何国家都更希望在国际关系中以法治反对霸权强权、以规则维护公平正义，不愿看到我们经历过的屈辱和苦难在其他国家重演。

 

Upholding international rule of law is a momentous choice China has made based on its own experience. In the more than 100 years after the Opium War, colonialism and imperialism inflicted untold sufferings on China. For many years, China was unjustly deprived of the right by imperialist powers to equal application of international law. The Chinese people fought indomitably and tenaciously to uphold China’s sovereignty, independence and territorial integrity and founded New China. China strove to build a new type of relations with other countries in accordance with the Five Principles of Peaceful Coexistence on the basis of international law. It broke isolation, blockade and military threat imposed by imperialism and hegemonism, regained its lawful seat in the United Nations, started reform and opening-up program, became fully integrated into the international system, and made remarkable achievements in development. Seeing the contrast between China’s past and present, the Chinese people fully recognize how valuable sovereignty, independence and peace are. China ardently hopes for the rule of law in international relations against hegemony and power politics, and rules-based equity and justice, and hopes that the humiliation and sufferings it was subjected to will not happen to others.

 

坚持国际法治是新中国一贯的外交实践。中国积极为国际法治贡献中国智慧、树立中国榜样。过去60年来，中国积极践行和平共处五项原则。五项原则被写入中国宪法和与160多个国家的建交公报、双边条约，成为中国独立自主和平外交政策的基石。对外交往中，不论对方国家大小、贫富、强弱、持何意识形态，中国从不做违反国际法、损人利己的事，同时坚定依法维护国家的主权、安全和发展利益。中国在重大国际和地区问题上秉持正义，仗义执言，坚定捍卫以《联合国宪章》为核心的国际法基本原则和国际关系基本准则。中国坚持和平解决国际争端和历史遗留问题。通过谈判与14个邻国中的12个国家彻底解决了陆地边界问题，同越南解决了北部湾划界问题。中国以建设性姿态参与国际规则制定，在事关国际法解释、适用和发展的重大问题上积极发声。中国已缔结了23000多项双边条约，加入了400多项多边条约，参与了几乎所有政府间国际组织，按照“条约必须信守”原则不折不扣地履行条约义务，严肃对待国际责任。

 

China has consistently upheld international rule of law in its diplomatic practice. China has contributed its vision to and set an example for international rule of law. In the past 60 years, China has championed the Five Principles of Peaceful Coexistence. These principles have been written into China’s Constitution and communiques on the establishment of diplomatic relations and bilateral treaties with over 160 countries, and they have become the cornerstone of China’s independent foreign policy of peace. In conducting diplomacy, China has never done anything that violates international law or pursued its own interests at the expense of other countries, irrespective of their size, level of development, strength or values. At the same time, China firmly upholds its sovereignty, security and development interests in accordance with the law. China speaks out to uphold justice on major international and regional issues and firmly defends the basic principles of international law with the UN Charter as the core and basic norms governing international relations. China is committed to peaceful settlement of international disputes and outstanding historical issues. It has completely settled land boundary issues with 12 out of its 14 neighbors through negotiations, and has resolved the issue of boundary delineation of the Beibu Gulf with Vietnam. China has taken a constructive part in the formulation of international rules and contributed its input on major issues concerning the interpretation, application and development of international law. China has concluded more than 23,000 bilateral agreements, acceded to over 400 multilateral treaties and joined almost all the international organizations at the inter-governmental level. China honors its treaty obligations in both letter and spirit in accordance with the principle of “Pacta Sunt Servanda”, and takes seriously its international responsibilities.

 

坚持国际法治是中国走和平发展道路的必然要求。中国作出了坚定不移走和平发展道路的战略抉择。这条道路是谋求和平、发展、合作、共赢之路。按照国际法和国际规则妥善处理与各国的利益关系，这条路就会越走越宽、越走越顺。罔顾规则、以邻为壑的做法注定行不通、走不远，永远不会出现在中国和平发展道路的路标上。中国越是发展，就越需要同各国紧密合作，也越需要一个和平稳定的国际环境。随着中国不断发展与壮大，将为维护和建设国际法治作出更大贡献，与各国共同努力推动国际政治和经济秩序朝更加公正合理的方向发展。

 

Promoting international rule of law serves China’s inevitable needs for peaceful development. China has made the strategic choice to steadfastly follow the path of peaceful development, which features the pursuit of peace, development, cooperation and win-win outcome. The path will be broader and more smooth so long as countries properly handle their respective relations of interests in accordance with international law and rules guiding international relations. Defying rules or following a beggar-thy-neighbor policy will get one nowhere and hence will never become a hallmark of China’s peaceful development. The more China develops, the greater its needs to cooperate closely with other countries and the more it desires a peaceful and stable international environment. As China grows stronger, it will make greater contribution to the maintenance and promotion of international rule of law, as it works with other countries to build a fairer and more reasonable international political and economic order.

 

二战结束以来，国际法治在曲折反复中推进，为维护世界和平、促进共同发展提供了重要制度保障。《联合国宪章》为国际法真正普遍适用于世界各国、建设国际法治奠定了坚实基础。各领域国际合作蓬勃发展，国际规则日臻完备，约束力不断增强。从外层空间到大洋底土，从南极科考到北极合作，从气候变化到环境保护，国际规则几乎无所不在，深刻影响着我们的生活。放眼当今世界，按国际法办事是普遍共识，违反国际法不得人心。

 

Since the end of World War II, international rule of law has traversed a zig-zag course, but moved forward in providing an important institutional safeguard for the promotion of world peace and common development. The UN Charter has laid down a solid foundation for building international rule of law through the true and universal application of international law in all countries. With international cooperation in various areas growing robustly, international rules have become improved and assumed greater binding power. From outer space to the bottom of the ocean, from science expedition in the Antarctica to cooperation in Arctic affairs, and from climate change to environmental protection, international rules are everywhere and affect people’s lives in a fundamental way. In today’s world, acting in accordance with international law is the common sense, whereas breaching international law is unpopular.

 

同时，推进国际法治还面临诸多困难和挑战。霸权主义、强权政治和形形色色的“新干涉主义”直接挑战尊重国家主权、领土完整、不干涉内政等国际法基本原则。有的国家对国际法持合之则用、不合则弃的实用主义或双重标准。国际规则制定和运用中的南北失衡问题依然突出。网络安全、恐怖主义和气候变化等全球性问题上的规则仍有待完善。国际法治之路任重道远。

 

Meanwhile, promoting international rule of law is still faced with many difficulties and challenges. Hegemonism, power politics and all forms of “new interventionism” pose a direct challenge to basic principles of international law including respect for sovereignty and territorial integrity and non-interference in other countries’ internal affairs. Some countries follow a pragmatist or a double-standard approach to international law, using whatever that suits their interests and abandoning whatever that does not. What is more, North-South inequality in the formulation and application of international rules remains salient. Rules dealing with cyber security, terrorism, climate change and other global issues need to be further improved. Promoting international rule of law remains a long and uphill battle.

 

刚刚闭幕的中国共产党第十八届四中全会对全面推进依法治国作出重要部署，向世界发出中国建设法治国家的明确信号。外交是内政的延伸，一个坚定致力于对内推进法治的中国，同时也必然是国际法治的坚定维护者和积极建设者。我们主张，推进国际法治要牢牢把握几个大方向：

 

The just concluded Fourth Plenum of the 18th CPC Central Committee made important arrangements on comprehensively promoting rule of law, sending a clear signal to the world of China’s commitment to building a country ruled by law. Diplomacy is an extension of domestic affairs. Therefore, China, which is committed to rule of law at home, will naturally act as a strong defender and active builder of international rule of law. To this end, we suggest that the following principles be observed in earnest.

 

一、要坚定维护国际法和公认的国际关系基本准则，强国际法治之基。《联合国宪章》确立的尊重国家主权和领土完整、和平解决国际争端和不干涉内政等重要原则，是现代国际法和国际关系的基石，是建设国际法治必须坚持的核心要素。国际关系经历的风风雨雨已经反复证明，坚持和弘扬这些原则是人类之福，偏离和否定这些原则会贻害无穷。

 

First, we must uphold international law and the universally recognized norms governing international relations, so as to shore up the foundation of international rule of law. Such principles as respect for sovereignty and territorial integrity, peaceful settlement of international disputes and non-interference in the internal affairs of others, as enshrined in the UN Charter, are the foundation stones upon which modern international law and conduct of international relations are built. They are the core elements that must be adhered to in promoting international rule of law. What has transpired in international relations shows time and again that these principles, if followed in earnest, are the blessings for all mankind, while their breach and betrayal will cause endless harm.

 

二、要坚持促进和平、发展、合作、共赢的总目标，固国际法治之本。立善法于天下，则天下治。建设国际法治，归根结底是要在国际关系中用普遍适用的规则明辨是非、定分止争、协作共赢。这是国际法治的生命力所系。国际法的制定、解释和适用，都要有利于这些目标。不能助长霸权强权，不能用来调词架讼、挑动争端，将国际法治引向歧途。

 

Second, we must commit to the overarching goal of peace, development, cooperation and win-win outcome, so as to strengthen the values underpinning the basis of international rule of law. Making good laws for a country and the country will be well-governed. In promoting international rule of law, the most important thing is to use universally applicable rules in international relations to distinguish right and wrong, end disputes and seek a win-win solution through coordination. This is vital to international rule of law. The formulation, interpretation and application of international law should all be conducive to this goal. Under no circumstances should we inflate the arrogance of hegemonism and power politics, still less use international rule of law to instigate disagreement and friction, for it will only lead us to a wrong direction.

 

三、要坚持国际规则制定进程的平等和民主参与，弘国际法治之义。国际关系民主化是各国的普遍愿望，也符合历史发展潮流。要促进各国、特别是发展中国家平等参与规则制定。国际立法要均衡反映各国关切，不能把个别国家的规则当作“国际规则”，也不能把个别国家的标准当作“国际标准”。

 

Third, we must ensure an equal and democratic participation in the making of international rules, so as to highlight the nature of international rule of law. Promoting greater democracy in international relations is the aspiration of all countries and represents the historical trend of development. We must work hard to bring all countries, particularly the developing countries, into the rule-making process as equals. In international legislation, it is important to reflect countries’ concerns in a balanced manner and to resist the attempt to make the rules of certain countries as “international rules”, and their standards “international standards”.

 

四、要坚定维护国际法的权威性，立国际法治之信。凡法事者，操持不可以不正。各国都要以国际法为共同准绳，依法行使权利，善意履行义务，确保国际法平等、统一适用。各国和国际司法机构，都应防止越权解释和适用国际法，更不能罔顾客观公正，借“法治”之名，行侵害他国权益之实。

 

Fourth, we must uphold the authority of international law, so as to maintain the credibility of international rule of law. Laws must be enforced in a just manner. All countries must make international law their common yardstick, exercise their rights in its accordance, fulfill their obligations in good faith and ensure the equal and universal application of international law. National and international judicial institutions should avoid overstepping their authority in interpreting and applying international law. Still less should they encroach on the rights and interests of other countries under the pretext of “the rule of law” in total disregard of objectivity and fairness.

 

成功在久不在速。只要国际社会坚定信念，携手努力，一定能排除各种干扰和挑战，稳步推进国际法治，让国际公平正义的光芒照亮人类发展之路。

 

Success hinges on persistence rather than speed. As long as the international community work hand in hand with a firm commitment, they will surely overcome all obstacles and challenges, steadily advance the cause of international rule of law, and bathe the development of mankind in the warm sunshine of international equity and justice.