包容也是一種公平──國際經濟法的包容性及其實現

Inclusiveness Is Also a Kind of Equity－on the Inclusiveness of International Economic Law and Its Realization

國際經濟法的“包容性”是指國際經濟法體系將盡可能多的國家納入其體系的能力、特徵或屬性。包容不僅是客觀現實的需要，它同時也是一種公平，因為包容意味著彼此承認和彼此尊重，包容意味著彼此妥協，包容還意味著合理的利益分配。為了實現其包容性，國際經濟法體系應協調不同的價值目標，允許背離一般原則或基本制度的特殊安排，並允許某些規則具有一定的彈性。由於國際經濟法體系是由各國共同構建的，因此，包容的國際經濟法還依賴於包容的國際經濟法創設過程或造法程序。 The inclusiveness of international economic law is the capacity of international economic law to include as many as possible countries within its system. To be inclusive for international economic law is not only to meet the requirement of the real world, but also a road to realize equity in international society, since inclusiveness means mutual recognition and respect, mutual compromise and equitable distribution of interests. To realize inclusiveness, international economic law shall coordinate different values, permit special arrangements departing from general principles and systems, and allow some rules to be flexible. Since international economic legal system is constructed by the cooperation of countries, an inclusive international economic law requires an inclusive law-making procedure.

The inclusiveness of international economic law is the capacity of international economic law to include as many as possible countries within its system. To be inclusive for international economic law is not only to meet the requirement of the real world, but also a road to realize equity in international society, since inclusiveness means mutual recognition and respect, mutual compromise and equitable distribution of interests. To realize inclusiveness, international economic law shall coordinate different values, permit special arrangements departing from general principles and systems, and allow some rules to be flexible. Since international economic legal system is constructed by the cooperation of countries, an inclusive international economic law requires an inclusive law-making procedure.