國際法實踐中的雙重標準及我國的應對

Double Standards in International Law Practice and China's Responses

雙重標準經常在國際關係討論中被引用，用以表達一個國家對待文明的矛盾態度。歐洲國際法律人在19世紀用“文明標準”捍衛歐洲人對非歐洲社會殖民和控制的權利。彼時，國際法被視為文明與進步的標誌和工具。冷戰後，西方國家不斷強化人權、民主和市場經濟的概念，弱化國家主權的重要性，並經常在國際議題上採取雙重標準的做法，如不斷指責我國違反新的文明標準。然而，我國國際法學者對雙重標準的研究成果較少。為應對國際法中的雙重標準實踐，我國應正確認識到“國際法共同體”並不存在一個亙古不變的“文明”，並應反對西方國家肆意解釋國際法和實行雙重標準的做法。此外，我國應積極促進文明間的對話，不僅承認西方或非西方文明之間的差異，而且承認共同價值觀和共同利益，以應對我們今天面臨的無數全球性挑戰。

In the practice of international law and international relations, there exists a widespread phenomenon of double standards, with developongcountries, including China, being victims of Western nations' unequal treatment. Despite this, a comprehensive scholarly examination of this issue within the international legal community remains conspicuously absent. Historically, the concept of "standard of civilization" was used by Western countries as a tool to legitimize their colonial rule over non-Western societies. According to this concept, only countries that met Western standards were considered "civilized", while other non-Western countries were seen as "barbaric". This standard made international law a symbol and instrument of civilization and progress. Yet, in the post-Cold War landscape, despite professed commitments to universal values and principles such as human rights, democracy, and free-market economies, Western countries frequently exhibit a tendency to apply double standards in both international law and relations, adhering to international legal frameworks primarily when it aligns with their own strategic interests. This inconsistency is particularly pronounced in accusations against countries like China, which are alleged to have violated these newly established benchmarks of civilization. Such practices reflect a deep-rooted "binary" thinking model, categorizing the world into simplistic views of "civilized" vs. "non-civilized" or "advanced" vs. "backward", thus providing a theoretical basis for the application of double standards. This selective and biased interpretation of international law not only undermines the fundamental premise of it as a framework of equality and justice but also poses significant challenges to establishing a just and inclusive international legal order. The world today is full of uncertainty, any move away from anything other than an unwavering commitment to international law would be disastrous for the international community. Therefore, it is time to challenge, replace, and crowd out the legacy of the standard of civilization in international law, and criticise states that truly and systematically base themselves and their foreign policy on double standards. This paper holds that, although international law is widely regarded as the framework ensuring equality and justice among nations, the widespread practice of double standards, fundamentally driven by a Western-centric civilization concept and accompanied by the binary thinking model, has undermined the value and integrity of non-Western countries, impaired the ability of international law to act as a legitimate and equitable mediator in global affairs, and posed significant challenges to establishing a just and inclusive international legal order. To address the practice of double standards in international law, we must oppose the arbitrary interpretation of international law and the implementation of double standards by Western countries. Our country should actively promote dialogue between civilizations, acknowledging not only the differences between Western and non-Western civilizations but also the common values and interests that are crucial for addressing the myriad global challenges we face today. There are various civilizations around the world, each possessing distinct values, belief systems, social structures, and legal traditions. International law needs to adapt and evolve in response to the changing global power dynamics and geopolitical landscape in order to ensure its relevance and acceptance across different civilizations. Double standards in international law is a complex issue that requires further research and debate for resolution. The key to addressing double standards is ensuring fairness and consistency in International law to uphold the principles of global rule of law, and enhancing international cooperation and dialogue, and promoting mutual trust and understanding.