“一帶一路”倡議：“東方”國際法的理念與實踐

The Belt and Road Initiative: Ideology Practice of 'Oriental' International Law

“一帶一路”倡議是中國提出的全球治理的嶄新藍圖。這一藍圖的精髓是“互融共贏”其中“共贏”是目標，“互融”是路徑。“互融共贏”理念既深深植根於中國傳統文化，又能妥善處理當代國際關係；既是對和平共處五項原則的豐富和發展，又是國際法“人本化”的“升級版”。由於“包容性”不足，傳統國際法（即“西方”國際法）在效力根據、實體內容、主體參與、決策程序以及治理形式等方面都存在不盡如人意之處。相比較而言，“一帶一路”倡議所呈現的“東方”國際法實踐，進一步夯實了國際法效力的根據，強調全球化成果應當惠及所有國家及其全體人民，並在擴大國際法主體的參與性、促進國際決策程序民主化以及國際治理形式的多樣化方面展露出全新作為，對傳統國際法起到良好的補充與矯正作用。當然，作為“東方”國際法發展的引領者，中國在向國際社會提供公共產品等方面還有很多工作要做。 The Belt and Road Initiative CBRD is a brand new blueprint proposed by China for the global governance. The very essence of BRI is 'connectivity and win-win', of which win-win is the goal and 'connectivity' is the means to the goal. The ideology of 'Connectivity and win-win' has its origin in traditional Chinese culture and suits the disposal of modern international relations. It is also an enrichment and development of Five Principles of Peaceful Coexistence and an advanced version of humanism of international law. Because of the lack of inclusiveness, the traditional international law (i. e. 'occidental' international law) has some weaknesses in terms of legitimate basis, substantive content, the scope of subjects, the decision-making procedure as well as regulation tools. On the contrary, BRI, which has been embodying 'oriental' international law, advocates that globalization should benefit all countries, especially all the people of each country, and is thus a reconstruction of legitimate basis of international law. In addition, BRI is boosting the enlargement of the scope of subjects, democratization of decision-making procedure and diversification of regulation tools of international law. As a leading force in the promotion of 'oriental' international law, China should provide more public goods for the international community.

The Belt and Road Initiative CBRD is a brand new blueprint proposed by China for the global governance. The very essence of BRI is 'connectivity and win-win', of which win-win is the goal and 'connectivity' is the means to the goal. The ideology of 'Connectivity and win-win' has its origin in traditional Chinese culture and suits the disposal of modern international relations. It is also an enrichment and development of Five Principles of Peaceful Coexistence and an advanced version of humanism of international law. Because of the lack of inclusiveness, the traditional international law (i. e. 'occidental' international law) has some weaknesses in terms of legitimate basis, substantive content, the scope of subjects, the decision-making procedure as well as regulation tools. On the contrary, BRI, which has been embodying 'oriental' international law, advocates that globalization should benefit all countries, especially all the people of each country, and is thus a reconstruction of legitimate basis of international law. In addition, BRI is boosting the enlargement of the scope of subjects, democratization of decision-making procedure and diversification of regulation tools of international law. As a leading force in the promotion of 'oriental' international law, China should provide more public goods for the international community.