论国家主权与国际法的关系

国家主权与国际法的关系一直是国际法领域倍受关注的热门话题之一.为了正确辨析两者之间的关系,首先必须弄清主权的性质、主权与主权权利的不同概念及相互关系.笔者认为,主权权利区别于主权的特征在于,不仅其自身具有可分割或可让与性,而且可与主权相分离,甚至全部主权权利的不能行使也不构成对主权的否定.以此为基础,本文将主权与国际法的关系划分为两个层面,即国家主权与国际法相互依存的关系、国际法对主权权利的丰富、发展和限制的关系.

On the Relations Between Sovereignty and International Law

The relations between sovereignty and international law have always been a hot topic that has been given much concern in the realm of international law. In order to differentiate and analyze the relations between sovereignty and international law, it's important to make clear the nature of sovereignty, different concepts of sovereignty and the rights of sovereignty and their relations. In my opinion, the characteristics of rights of sovereignty are that they can be divided or alienated, and that they can be separated from sovereignty. Even a state that can't exert all of its rights of sovereignty is still an independent and soverengn state. The author of the thesis holds that there are two aspects of relations between sovereignty and international law. On the one hand, sovereignty and international law depend on each other. On the other hand, international law enriches, develops and confines the rights of sovereignty.