论国际经济法与国际商法的学科分立

随着国际经济(商事)法律规范的大量出现,国际经济法与国际商法的关系成了国际法学界奋力探究的重要问题。国内外学者对于国际经济法和国际商法的含义众说纷纭。实际上,按照法律部门的划分标准将二者分成各自独立的学科具有逻辑上的合理性,但是从“公”“私”法规范在二者间的相互渗透、调整对象和法律关系主体的同一性以及法学教育的实际需要来看,二者并无分科设立之必要。

Subject Compartmentalization between International Economic Law and International Commercial Law

With the emergence of large numbers of international economic(commercial) laws and regulations,the relationship between International Economic Law and International Commercial Law has become an important issue that international law circles has been making great efforts to explore.There are many different theories,from domestic and overseas scholars,about the significances of International Economic Law and International Commercial Law.Indeed,it is reasonable in logic to compartmentalize them into separate subjects according to the compartmentalizing criterion of law branch.However,there is no need to compartmentalize them and establish separate subjects from the point views of the mutual infiltration of public and private law,the identity of regulatory objects and subjects of legal relations in International Economic Law and International Commercial Law,and the actual need for law education.