Research On The Rise Of The United States And The Creation Of International Law

From the perspective of the history of the rise of great powers,the successful rise of great powers is accompanied by the innovation of the idea of international law and the innovation of international legal system.The rise of the Netherlands,the United Kingdom and the United States is accompanied by the innovation of ideas and international legal system,which has successfully promoted the reform of international legal system.Although after the rise of the United States,it adopted the attitude of "pragmatism" and "double standards" towards the international legal order established on the basis of the World War II,which embodied the hegemonic international law`s view everywhere.But we can not ignore the role of the United States in promoting the development of modern international law in the process of its rise.However,the domestic and foreign academic circles have not conducted in-depth research on this issue.Based on this,the thesis takes "Research on the Rise of the United States and the Creation of International Law" as its topic.Taking the rise of the United States as a clue and from the perspective of the cross-study of international politics and international law,through historical studies,comparative studies and case studies,this paper examines the changes in the international legal system of the United States in different stages of historical development,from promoting the construction of international legal system in the Americas and Asia-Africa regions to realizing the transformation of the global international legal system.It finds out how to deal with the international legal relationship with the existing big powers in the rise of the United States.How the rising United States handles the relation with regional international legal system.The rising United States promotes the idea and mode of international law innovation and the factors that influence the United States' promotion of international law innovation.Through the above analysis,we find that in the process of the rise of the United States,the idea is the guide,the power is the guarantee,the national interest is the core,the development direction of the international community is the consideration,and the creation of the international legal system is promoted through international treaties,international customs and even unilateral acts.Although the United States also has the tendency of "double standards" and "pragmatism" in promoting the creation of international law in the process of its rise,its experience,lessons and laws in participating and leading the international legal system have certain theoretical significance for studying the relationship between the rise of great powers and international law,and provide historical reference for our country to lead and promote the reform of international law in the new era.The full text is composed of three parts: introduction,body and conclusion.The body is divided into five chapters.The first part is the introduction,which mainly introduces the general situation of the four parts,including the basis,background and significance of the topic,the current research situation at home and abroad,the research content and methods,and the innovation and shortcomings.The second part is the main body of this paper,which is divided into five chapters.The first chapter is about the elements and mechanism of the creation of international law.This chapter is the theoretical innovation of this article,focusing on the basic theoretical issues of the creation of international law.The main answer is: What is international law? The manifestation of international law and the way in which international law was created.Through the analysis and explanation of this basic theoretical problem,it lays a foundation for the development of other chapters.The second chapter is about the idea and practice of the United States in promoting the creation of regional international law in the Americas.Focusing on the idea and practice of the United States in the creation of international law at different stages of strength in the Americas region.In the first stage,through the ideas of national self-determination and expansion,unilateral acts and bilateral treaties,the international legal system of the Americas region was created;In the second stage,through the idea of alliance,the American regional international law was created by multilateral treaties,so as to summarize the characteristics and laws of the United States in promoting the creation of American regional international law in different stages.The third chapter is about the idea and practice of the United States in promoting the development of international law in Asia and Africa.Excluding the geographical advantages of the United States in the Americas,the United States promotes the development of international law through international treaties and customs in Asia and Africa at two different stages of its strength.It uses the idea of free trade to guide the use of its power,and further summarizes the experience and laws of the United States in promoting the development of international law in Asia and Africa through two case studies.Chapter four is the idea and practice of the United States to promote the global international legal system-the creation of international organization law.International organizations are one of the main ways for the United States to promote the creation of global international law.With the establishment of the League of Nations and the United Nations as the starting point,this chapter explores the role of major powers in the formation of international law and the influence of many factors,such as ideas,identity and power,by studying the process of the establishment of international organizations worldwide and the formation of modern international law,and finds out the role and rules of the rising United States in promoting the formation of modern international law.The fifth chapter is the idea and practice of the United States to promote the creation of the global international legal system-the International Dispute Settlement Law.Another major means by which the United States promotes the creation of a global international legal system is the international dispute settlement legal system.Starting with the idea of peace in the United States,this chapter examines the ways in which the rising United States promotes the legalization of international peaceful settlement of international disputes,from domestic to foreign,bilateral to multilateral,from regional to international,from jurisprudence,practice,customary international law to international treaties and other perspectives,and finds and summarizes the role,experience and laws of the United States in promoting the creation of international dispute settlement law.The third part is the conclusion of this paper.The main purpose of this paper is to make a theoretical summary of the overall research,verify the mechanism of promoting the creation of international law in the process of the rise of the United States,and summarize the influencing factors and the laws of the rise of great powers and the innovation of international law.