區域合作協議的法律效力

Legal Effect of a Regional Cooperative Agreement

在應然層面，區域合作協議對締約主體具有拘束力。這種拘束力源於政府的誠實信用原則，其實定法依據是憲法上的“法治國家”條款、單行法條款和判例。區域合作協議也具有對締約主體實現拘束的可能性，即被適用或被實施的可能性。實現拘束的機制是組織法機制和基於組織法的責任追究機制，動力在於公眾的推動。涉及公眾權利義務的區域合作協議，經立法程式或有利害關係的公眾同意，對公眾具有直接規制力。區域合作協議經組織機構實施，或通過行為法機制，對公眾具有間接規制力。

A regional cooperative agreement ought to have binding forces to contracting parties. The forces come from the principle of good faith which governments must obey. The positive law basis for governments' insistence on good faith includes the legal state provision in Constitution, articles in specific laws and precedents. A regional cooperative agreement also has its 'efficacy' ,which means the possibility of being applied or implemented. Efficacy originates from the mechanisms of organic laws and responsibility based on organic laws, which are driven by the public. Regional cooperative agreements involving people's rights and obligations, if approved by the legislature procedures or consented by the interested public, would have a direct force of regulation. If implemented by specific organizations or through the mechanism of behavior laws, they would have an indirect force of regulation.