Remolding The Value System Of International Law

The existing value system of international law not only provides value guidance for the orderly development of human society,but also contains many crises.With the deepening of globalization,many global risks that pose serious threats to human survival force the existing value system of international law to make corresponding adjustments.Therefore,starting from the interaction between international law and the international community,reshaping a reasonable value system of international law will not only help to resolve internal potential crises,but also address the challenges posed by global risks more effectively.The international law value system contains profound crises in the context of globalization.In terms of specific content,on the one hand,the crises manifest itself in the structural imbalance of the overall structure: the value tension between justice and order,and the value conflict between freedom,equality and security.On the other hand,it indicates the lack of elements on the specific target.Such as the absence of times connotation in the value of order,formalized value limitations in the value of equality,and the distortion of the function of human rights protection in the value of human rights.On the root cause of this situation could be concluded into two aspects,one is the dilemma within the liberal values and the decline of the free hegemonic order dominated by the United States.The second is the joint effect of the modernization of the international society and the lagging factors of international law.The values of international law are the theoretical basis of the value system of international law,which refers to the significance of international law in achieving the subjectivity of the subject of value.Its basic connotation consists of the elements of subjectivity,the nature of natural law and the dual value structure of sovereignty and human rights.Its main extension includes justice and order,freedom,equality and security,and human rights.It also has the basic characteristics of subjectivity,pluralism and diachronicity.The fundamental structure of the value system of international law should be constructed as follows: the value of justice can construct its principle system by integrating the value of freedom and equality,the essence of order value lies in the institutional externalization of security value,the realization of human rights value can be concretized into the realization of freedom,while equality and security value in the practice of democratic system and rule of law,in this way,the value of justice and order will finally be unified in the value of harmony.According to this logical structure,each value constitutes the value system of international law in a static sense.The historical evolution of it shows that the self-adjustment and perfection of the value system of international law can be completed through the change and replacement of the priority and order among the various value objectives of international law,so as to adapt to the constantly developing and renewing the social foundation of international law.The risk society theory is a new perspective of the study of the value system of international law.On the one hand,the risk in the risk society is the risk of modernity after the end of nature and tradition,which is the product of artificial decision-making under the control of human reason.From the perspective of the inherent relationship between risk and law,international law controls risks through macro legal concepts and legal principles.On the other hand,the risk society has two dimensions of reality and construction.It mainly refers to the risk society theory of the institutionalism represented by Beck and Giddens,moreover,from the perspective of law,the legal community's understanding of the risk society is to regard the risk society as a social transformation theory of the industrial society,which has a reshaping effect on legal values and legal institutions.Based on this,the risk society will also have a transformative impact on the value system of international law.There is an internal relationship between global risk society and the change of social foundation of international law.The close relationship between economic globalization and risk globalization,to some extent,contributes to the formation of global risk society.At the same time,because the social foundation of international law is composed of international relations formed by the interaction between countries and the existence of the whole international society,it can be considered in a sense that the new trend of the change of the social foundations of international law should be a step towards the stage of global risk society.There is a relationship between global risk social governance and the value system of international law.Global governance is essentially an authoritative operation process that integrates governance elements and power elements to solve global problems,and global problems which are actually permeated with global risks,moreover,global governance is gradually transforming into global risk social governance.In the meantime,effective global risk social governance is based on the value consensus of global risk social governance.The value system of international law provides a basic framework for the values of global risk social governance,which constitutes the value dimension of global risk social governance.There is a theoretical difficulty in rebuilding the value system of international law,that is,the value game between freedom,equality and security forms “The Impossible Trinity”of the value system of international law: at most,international law can only satisfy any two values at the same time,while abandoning the other values.The value system of international law which is dominated by freedom advocated by the United States and other western developed countries damages the value of equality and security while realizing the value of freedom.And the value system of international law which is dominated by equality advocated by developing countries restricts freedom and causes value failure,however,from the perspective of risk society,the remodeling of the value system of international law aims at coping with global risks.The process of this transformation towards a security-oriented value system of international law.Therefore,in the process of rebuilding the value system of international law with which security works as the dominant value since the logic of risk distribution has replaced the logic of wealth distribution,and the connotation of order value has evolved from security guarantee to risk prevention,the connotation of equal value has developed from formal equality to substantive equality,the value of human rights has progressed from abuse of hegemonic politics to procedural restriction of human rights protection under deliberative democracy.There are three aspects for the practical paths of the reconstruction of the value system of international law: the subject condition,the subjective condition and the objective condition.Firstly,with respect to the subject condition of the reconstruction of the value system of international law,its core subject are the great powers that abide by the principle of behavioral norms,and only by the operation of the great power politics can the output of hegemonic political values which can be effectively restrained.Secondly,in terms of the subjective condition of the reconstruction of the value system of international law,the international social publicity of the transition which is from practical rationality to communicative rationality should be rebuilt,and the concept of the mode of inter-state communication should also be changed from subjectivity to inter-subjectivity for avoiding the absolutization of the principle of subjectivity.Thirdly,on the objective conditions of the reconstruction of the value system of international law,only when the existing practice of international law keeps an initiative and restrained balance among the legislative,executive and judicial levels,can the reconstruction of its value be feasible.China's program of rebuilding the value system of international law in the new era contains four aspects.Firstly,China's peaceful rise will make China gradually complete the transformation of world power which is based on identity consciousness,and harmonious values will become the Chinese foundation for the value system of international law.Secondly,the Five Principles of Peaceful Coexistence not only establish the Chinese position of international law values,but also help to build a harmonious symbiotic international relations.Thirdly,as a China's Program is to promote the reconstruction of the value system of international law,A Human Community with a Shared Future essentially embodies the inter-subjectivity of the value of international law,and its new security concept makes it possible to build a security-oriented value system of international law.Fourthly,as the initial practice of accomplishing A Human Community with a Shared Future,the “Belt and Road Initiatives” has not only promoted economic integration,but also enhanced political mutual trust,and the international cooperation formed in the implementation of the initiative will also create new international law norms,and consolidate the realistic basis for reshaping the value system of international law.