首页>新闻动态>学会新闻
罗照辉在“大变局下的国际法:发展中国家的作用”研讨会上的讲话

更新时间: 2019/08/02 来源: 点击数: 61


  当今世界既充满希望,也面临不少严峻挑战。发展中国家群体性崛起势头强劲,面临广阔的发展机遇。经济全球化和科技革命给人类发展带来无限潜力。与此同时,地区热点和冲突此起彼伏,气候变化、恐怖主义、网络安全等非传统安全威胁持续蔓延,全球治理和规则赤字更加凸显。尤其令人担忧的是,个别国家奉行单边主义和保护主义,违反国际义务,削弱多边机制,大搞霸凌和干涉,滥施单边制裁,到处挑起贸易战和科技战。其所作所为无视国际法和国际关系基本准则,给世界带来了不安、冲突和动荡,使以联合国为核心、以国际法为基础的国际体系受到前所未有的挑战。“二战”结束70多年后,世界又一次站在了十字路口。是重回弱肉强食的丛林时代?还是迈向文明进步的美好未来?这是攸关人类前途命运的重大抉择。
 
  透过云迷雾罩,中国坚定认为,各国坚守初心、携手合作,维护以联合国为核心、以国际法为基础的国际体系是符合人类共同利益的唯一正道。
 
  这是历史给出的响亮答案。在“二战”的废墟上诞生了《联合国宪章》,宣告人类决心在国际关系中以秩序消除动荡、以规则约束强权、以合作取代冲突。这是人类政治文明取得的巨大进步,是我们历经上世纪那两次惨不堪言的战祸后得出的宝贵经验。
 
  这是各国人民的共同意愿。无论在地球的哪个角落,人民都向往和平安宁的环境,都追求幸福美好的生活。事实一再证明,在国际上搞霸权强权,破坏规则为所欲为,只会让世界陷入混乱,给人民带来痛苦和灾难。遵守规则、追求正义是人心所向、大势所趋。
 
  这是人类进步的必由之路。世界正日益相互联系、相互依存,各国同处一个地球村,早已是你中有我、我中有你的命运共同体。为了人类共同的未来,我们必须用国际法明是非、护和平、谋发展、促合作,坚决摒弃“强者为所欲为、弱者逆来顺受”的旧思维。

 
  中华人民共和国成立70年来,一直是国际法的坚定维护者和建设者。65年前,中国与印度、缅甸共同提出了“互相尊重主权和领土完整、互不侵犯、互不干涉内政、平等互利、和平共处”的五项原则,这是对国际法基本原则的一大贡献,至今仍是中国外交政策的基石。中国向来坚持和平解决国际争端,反对使用武力。中国创造性地根据“一国两制”方针妥善解决了历史遗留的香港、澳门问题。通过友好谈判与14个邻国中的12个国家彻底解决了陆地边界问题。中国积极参与各领域国际治理,为国际法发展贡献智慧和方案,参加了几乎所有的全球性政府间国际组织,加入了500多项国际公约。中国作为联合国安理会常任理事国、联合国第二大会费国和维和摊款国,始终在国际问题上坚定维护国际法和国际关系基本准则,秉持正义,推动有利于和平、合作、共赢的解决方案。
 
  纵观人类历史发展进程,深刻思考人类的前途命运,中国国家主席习近平提出了构建人类命运共同体重要思想。倡导各国共同努力,建设持久和平、普遍安全、共同繁荣、开放包容、清洁美丽的世界。要实现这一美好愿景,维护国际法、按国际法办事是应有之义和重要途径。推动构建人类命运共同体已经被载入中国宪法,代表着中国坚定走和平发展道路、坚定维护国际法的庄严承诺。
 
  维护国际法、坚守公平正义与广大发展中国家的利益休戚相关。历史上,发展中国家饱受殖民主义、帝国主义和霸权主义之害,连生存和独立都难以保障。以《联合国宪章》为核心的国际法和国际关系基本准则,使发展中国家得以作为国际社会的平等一员参与国际事务,实现发展和进步。如果霸权和强权再度盛行,世界重新陷入混乱,没有任何国家能够独善其身。发展中国家更将首当其冲,成为受害者。
 
  发展中国家向来重视在国际法领域携手合作。1955年的万隆会议上,亚非国家提出处理国家间关系的十项原则,是对《联合国宪章》的丰富和具体化。作为万隆会议的重要成果,亚非法律协商组织应运而生,成为两大洲在国际法领域协调合作的重要平台。发展中国家共同推动在国际海洋法中确立“人类共同继承财产”原则,在国际环境法领域坚持“共同但有区别的责任”原则,在多边贸易领域确立发展中国家的“特殊与差别待遇”原则,推动将生存权、发展权作为基本人权。这些例子表明,只要发展中国家团结协作、用一个声音说话,就能为推动国际法发展作出我们的贡献,促进公平正义,维护共同利益。
 
  中国是发展中国家的一员,始终是发展中国家的可靠朋友和真诚伙伴。中国一直在国际法领域与发展中国家保持密切协调和合作。2015年4月,习近平主席宣布设立“中国—亚非法律协商组织国际法交流与研究项目”,这是中国加强与发展中国家国际法合作的重要举措。中国已经在这一项目下举办四期国际法培训,40多个国家的150多名法律官员从中受益。今天,参加第五期培训的39个国家的法律官员也来出席这次研讨会,我代表中国外交部,对你们表示热烈欢迎!
 
  发展中国家占联合国会员国总数的三分之二,经济总量在全球经济总量中占比达到40%,对世界经济增长的贡献率高达80%,是世界舞台上一支不可忽视的重要力量。我们有共同责任、也有更大能力坚持正义、维护规则。世界大变局中,我们要进一步密切南南合作,不断壮大理性和进步的力量,携手维护以联合国为核心、以国际法为基础的国际体系,共同把世界带向光明的未来。


 
  ——我们要共同推动在国际规则制定中坚持多边主义。国际事务要各国商量着办,国家不分大小强弱,都有权平等地参与全球治理和规则制定。只有这样,才能使国际规则平衡、包容地反映最广泛的主张和利益,得到最广泛的拥护和遵守。我们要共同反对单边主义,反对任何国家把他们自家的规则当作“国际规则”强加于人。我们要踊跃参与国际规则制定,特别是在应对气候变化、国际贸易投资和深海、外空、网络等“新疆域”规则制定中争取更多发言权,维护共同利益,为全球治理做出更大贡献。
 
  ——我们要共同推动国际法得到切实遵守。当今世界的种种乱象,决不意味着国际法过时了、没用了,反而再次提醒我们遵守国际法的重要性。要避免世界再次滑向无序和动荡,我们就要坚定维护《联合国宪章》确立的主权平等、不干涉内政等重要原则,反对对他国内政指手画脚,搞颜色革命和政权更迭,反对滥施单边制裁和“长臂管辖”。要坚定维护以世贸组织为核心、以规则为基础的多边贸易体系,反对挑起贸易战和围堵打压他国企业。要倡导善意履行国际义务,反对搞双重标准,合则用、不合则弃,甚至任意“废约”、“退群”。
 
  ——我们要共同维护国际法的核心价值。国际法根植于国家之间的交往,它的价值是在国际关系中维护公平正义,促进和平发展合作。对国际法的适用、解释和发展不能背离这个出发点,否则就会把国际法引向歧途。我们要反对从一己私利出发,对国际法刻意歪曲和滥用,反对借国际法之名行霸权强权之实,更要反对在处理国际和地区热点问题时,打着国际法的旗号调词架讼,挑动、加剧分歧和冲突。
 
  纵观人类发展进程,放眼世界变化大势,定规则、守规则是各国正确的相处之道,搞霸凌、行强权注定没有出路。中国古话说,“积力之所举,则无不胜也;众智之所为,则无不成也”。站在历史的十字路口,中国愿和发展中国家团结一致,承担起时代赋予的责任,共同维护以联合国为核心、以国际法为基础的国际体系,为人类争取更加美好的未来。
 
译稿:
 
Jointly Uphold the UN-centered International System Based on International Law
 
Remarks by Vice Foreign Minister Luo Zhaohui
 
The world we live in both holds out great promise and faces serious challenges. Developing countries are showing a strong momentum of collective rise and broad development opportunities. Economic globalization and technological revolution have unlocked boundless potential for human progress. On the other hand, regional hot-spots and conflicts keep flaring up, and non-traditional security threats such as climate change, terrorism and cyber-security continue unabated, exposing a significant deficit in global governance and rules. Compounding the situation are the acts of certain countries which practice unilateralism and protectionism, disavow international obligations, undermine multilateral mechanisms, bully other countries and meddle in their affairs, impose unilateral sanctions, and willfully start trade wars and technology wars. They have no regard for international law or basic norms governing international relations, bring instability, conflict and turmoil to the world and pose unprecedented challenges to the UN-centered international system based on international law. Seventy years after the end of the Second World War, humanity have once again reached a crossroads: Are we going back to the law of the jungle under which the strong prey on the weak? Or do we choose a future of progress for civilizations? This is a choice that bears on the future and destiny of all mankind.
 
Amidst this highly intricate international situation, China firmly believes that the only path that serves all countries well is to stay true to our original aspiration by working together to uphold the UN-centered international system based on international law.
 
This is the answer we draw from history. The UN Charter, written at the end of the Second World War, was a declaration of our collective determination to remove turmoil with order, rein in power with rules and replace conflict with cooperation in international relations. It was a huge step forward in political civilization and a valuable lesson learned from the two tragic wars of the last century.
 
This is the desire of people of all countries. People from all corners of the world yearn for peace, tranquility and a happy life. We have seen all too often that hegemony, power politics and the flouting of rules would bring chaos to the world and pain and disaster to our people. Today, observing rules and pursuing justice has become the common aspiration of all peoples and the prevailing trend of our times.
 
This is a sure path to human progress. Our world is becoming increasingly interconnected and interdependent. It is a global village where countries find their interests closely knitted and their futures linked. In this community of shared future, we need international law to draw a clear line between right and wrong, to safeguard peace, enable development and promote cooperation, and to reject the idea that the strong do what they will and the weak suffer what they must.
 
Ever since its founding seven decades ago, the People's Republic of China has been a staunch upholder and promoter of international law. Six and a half decades ago, China, India and Myanmar jointly put forward what became known as the Five Principles of Peaceful Coexistence: mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence. These principles are an important contribution to the basic principles of international law and remain to this day the cornerstone of China's foreign policy. China advocates peaceful resolution of international disputes and rejects the use of force. It was the “One Country, Two Systems” policy, a pioneering initiative by China, that provided the basis for the proper settlement of the Hong Kong and Macao questions left over from history. Through friendly negotiations, China fully resolved land boundary questions with 12 of its 14 neighbors. By actively participating in global governance in various fields, China has offered its wisdom and solutions to the advancement of international law. It has joined virtually all major intergovernmental organizations and over 500 international conventions. When it comes to international issues, as a permanent member of the UN Security Council and the second largest contributor to the UN budget and peacekeeping assessments, China has firmly upheld international law and basic norms governing international relations, stood by justice, and advocated solutions conducive to peace, cooperation and mutual benefit.
 
By taking a hard look at the course of history and what the future may hold for humanity, President Xi Jinping put forward the important vision of building a community with a shared future for mankind. He called for joint efforts to build an open, inclusive, clean and beautiful world that enjoys lasting peace, universal security and common prosperity. To uphold and abide by international law is part and parcel of what is required to make this vision a reality. By incorporating the vision into its constitution, China has further demonstrated its solemn commitment to peaceful development and adherence to international law.
 
We developing countries have major stakes in safeguarding international law, equity and justice. There was a time when developing countries suffered immensely under colonialism, imperialism and hegemonism and could barely maintain their own survival and independence. Thanks to the international law and basic norms governing international relations centered on the UN Charter, we developing countries have been able to participate in international affairs and enjoy development opportunities as equal members of the international community. Should hegemonism and power politics dominate our world again, chaos would return and no country could stay unscathed. We developing countries would naturally be the first to suffer if this is the case.
 
Cooperation in the field of international law has long been a valued tradition among developing countries. At the Bandung Conference in 1955, Asian and African countries articulated ten principles on how countries should handle their relations, which are considered to have enriched and crystallized what the UN Charter stands for. The establishment of AALCO was another important outcome of the conference. It has served as a key platform for coordination and cooperation between the two continents in international law. Together, we developing countries have helped enshrine the principle of “common heritage of mankind” in the law of the sea, upheld the principle of “common but differentiated responsibilities” in international environmental law, established “special and differential treatment” for developing countries in multilateral trade, and worked to incorporate survival and development into basic human rights. These examples show that by joining hands and speaking with one voice, we developing countries can make our contribution to advancing international law, promoting equity and justice and upholding common interests.
 
Being a developing country itself, China has been a reliable friend and sincere partner for its fellow developing countries. We have had close coordination and cooperation on international law with other developing countries. The China-AALCO Exchange and Research Program on International Law (CAERP), announced by President Xi in April 2015, is an important step China took to strengthen such cooperation with other developing countries. China has held four training sessions within this program. More than 150 legal officers from over 40 countries have benefited from the program. Today we have with us the participants of the fifth training session from 39 countries. On behalf of the Ministry of Foreign Affairs of China, let me extend a warm welcome to you all.
 
We developing countries account for two thirds of UN member states, 40% of the world economy, and more than 80% of global growth. We are a force not to be ignored in the world arena. Together, we are responsible for and well capable of upholding justice and rules. In a world undergoing profound shifts, it is imperative to strengthen South-South cooperation, buttress the forces for reason and progress, jointly preserve the UN-centered international system underpinned by international law and usher in a brighter future for the world.

—We need to work together to uphold multilateralism in international rules making. International affairs should be managed through consultation among all countries, which, regardless of their size and strength, are entitled to participate in global governance and the shaping of rules as equals. This is the only way to ensure that international rules are balanced and inclusive, able to reflect the most broad-based views and interests and have the widest support and compliance. We need to jointly reject unilateralism and the practice of imposing one's own domestic rule on others as if it were international rule. We need to be more active in the making of international rules. Most importantly, we need to have a greater say in “new domains” such as climate change, international trade and investment, deep sea, outer space and cyberspace to protect our shared interests and make greater contribution to global governance.
 
—We need to work together to ensure earnest compliance with international law. The troubles facing our world today do not mean that international law has become obsolete. Quite the opposite  it has reminded us once again of the importance of adhering to international law. If we want to stop the world from sliding into disorder and turmoil again, we must resolutely safeguard the important principles enshrined in the UN Charter, ranging from sovereign equality to non-interference in internal affairs. We must oppose the practice of pointing fingers at other countries' domestic affairs, inciting color revolution or regime change, and abusing unilateral sanctions and long-arm jurisdiction. We need to be firm in preserving the WTO-centered, rules-based multilateral trading system, and resist the attempt to start trade wars or suppress the companies of other countries. We need to advocate the fulfillment of international obligations in good faith, and oppose double standards, selective application of international rules or standards, and the willful repeal of treaties and exit from international agreements.
 
—We need to jointly uphold the core values of international law. The purpose of international law, rooted in state-to-state interactions, is about ensuring fairness and justice and advancing peace, development and cooperation in international relations. The application, interpretation and development of international law must never deviate from this purpose, otherwise it will lead international law astray. We must reject the distortion and abuse of international law for one's selfish interest. We must oppose hegemony and power politics exercised in the name of international law. And even more so, we must stand up against exacerbating disputes and conflicts over regional and international hot-spot issues under the pretext of international law.
 
The course of human development and the general direction of the changes in our world show that the right way of interaction among countries is to make rules and make sure that they are observed. The practice of bullying others and power politics is doomed to fail. As an ancient Chinese saying goes, “Victory is ensured when people pool their strength; success is achieved when people put their heads together.” Standing at the crossroads of history, China is ready to work with other developing countries in unity to live up to the responsibility bestowed upon us by our times. Let us jointly uphold the UN-centered international system underpinned by international law and foster a better future for humanity.