英文摘要 |
This paper takes a unique perspective to assess the legitimacy of international law, including whether international law is a legal system, what are the sources of values and criteria for assessing legitimacy, and whether the practice of contemporary international law promotes or hinders the development of a legitimate legal system. Specifically speaking, this paper analyzes the identity crisis and gradual development of the concept of '' international law'' since modern times, and puts forward a functional definition of ''international law'', which determines that international law qualifies as a legal system on the basis of social practice and the existence of rule of recognition. Starting from Franck's theory of legitimacy of international law, this paper discusses the origin and standard of legitimacy, and puts forward four propositions of legitimacy of international law. Finally, though the legitimacy of international law may be seriously challenged, the plausible arguments for assessing the legitimacy of international law do exist after the definitions and criteria are determined. |