| Today,the international situation is complex.The constant regional conflicts and confrontations continue.The whole international community is facing challenges from public health,environmental governance,human rights protection,economic recession and other fields.The international community urgently needs a set of justice norms that can reflect the current situation and meet the development needs of the international law society.This set of international legal norms should not only avoid the emergence of the scene of state power struggle,but also enhance mutual trust and cooperation among countries under the institutional framework,promote mutual understanding and integration in cultural concepts,and finally realize the long-term peace and sustainable development of the international community.However,international law in general is weak and non-system.The observance of the law mainly depends on the promise and consciousness of the state,and the cost for states to violate international law is also very cheap,especially for those superpowers that hold the right to speak in international law.From a theoretical point of view,the current international law lacks the value of justice that treats all subjects of international law equally,and it is difficult to guide the construction of a just system of international law rules.From a practical point of view,improving the justice of international law to restrict state behavior and promoting the fair operation of international relations by international law will not only contribute to the peace and stability of the international social order,but also help to enhance the value system of international law itself.Creating and maintaining a just international social order is an important function of international law.However,throughout the development process of international law,it has more or less deviated from this goal in various periods.When dealing with the conflicts and differences between countries in practice,international law often shows unsatisfactory performance,and sometimes even the most basic division and dispute settlement is difficult to achieve.It is not difficult to find that when dealing with international affairs,international law rarely discusses or deliberately avoids discussing the justice value behind the confrontation of these positions or ideas.Today,with the increasing global crises and challenges,international law still cannot safeguard the value of justice because of various limitations when it restricts the most basic state acts such as military attack and diplomatic practice.The evolution and divergence of the concept of just war,the vague definition of the scope and objectives of military attack,and the challenge of the principles of humanitarianism and responsibility to protect to the principle of sovereignty make the international law ineffective in regulating the unjust military acts of states.Facing to the double standards applied by some powerful countries in the practice of international relations on the issues of freedom and democracy and the protection of human rights,neither the current natural international law nor empirical international law can effectively solve this dilemma.The decentralization of judicial and enforcement mechanisms in international law also causes many international systems to be just ethics or codes of conduct in international affairs,which is difficult to play an effective role in practice.From jurisdiction,adjudication to execution,there are also unsystematic problems in the operation mechanism of international justice,which hinder the function of international law to maintain fairness and justice.It can be seen that there are still many limitations and obstacles in international law in maintaining the value of justice and realizing the function of justice,both in substance and form.From a theoretical point of view,there are deviations in the perception and understanding of justice in current international law theories,and the differences in non-Western justice value theories further lead to the lack of justice theories that interact with practice.Western legal philosophy is an extra-rule factor that affects the formation of international law theory,and it is of great significance to the exploration of the question of realizing the justice function of international law.The natural law school often associates law with human reason,but the school's concept of natural law itself and the relationship between natural law and justice have not been uniformly defined for a long time,which has led to the ambiguity of the principle of justice in international law.For example,the principle of good faith has not yet been uniformly defined.The practice of the positive school of law,which completely separates law and morality,not only improves the status of state sovereignty,but also reduces the role of international law in emphasizing the value of justice and realizing the function of justice.In addition,the feminist jurisprudence and the Marxist jurisprudence also have a certain influence on the development of international law.However,as an analytical method,the theory of feminist jurisprudence has certain limitations in the perspective of observing and interpreting the law.The language of Marxist jurisprudence about the demise of law is also considered to be inexperienced by western legal philosophy circles.Therefore,these two schools have certain biases and impracticalities in their understanding and cognition of the justice value of international law.From the practical level,great power politics always restricts the realization of the just function of international law in the implementation process.It is undeniable that as a power based and power oriented international order,great power politics has its rationality and objective reality in the current world,but it also has a negative impact on today's world pattern.International law is instrumental in the competition for state power and speaks for powerful countries.The primary judicial system and international law enforcement system are not equipped with corresponding guarantee.In the face of countries' non-compliance with international law,although there has been the practice of collective action by the UN Security Council,the one vote veto power of the permanent members often leads to the futility of the sanctions power of the UN Security Council.The world's resources are limited,and the security interests of countries may be different or even opposite to each other,and the conflicts of interest among these countries are often manifested in the differences in the value of justice,which leads to the difficulty for countries to reach a consensus in the process of establishing the rules of international law,and international law will inevitably deviate from the goal of realizing the value of justice.Throughout the entire history of the development of international law,there are situations in which great powers use international law to safeguard their own interests in almost every period.Whether it is the European countries that rose one after another before World War I or the United States that dominated the world after World War II,these great powers have used international law to realize their own interest demands in the process of their rise.The state's desire for power makes it interpret the service purpose of international law as seizing interests for the state.Countries regard the maximization of their own interests as the only standard of conduct in international relations,which highlights the proposition that countries in international relations give priority to their own interests,and then ignores the realization of the value of justice in international law.The priority of national interests will further weaken the just function of international law and reduce the country's moral sense in international affairs.Countries should consider the foreseeable consequences of their actions on the whole of mankind,rather than just focusing on the priority pursuit of their own interests.At the same time,the single mode of international governance and the dominance of Western-centrism also lead to the justice crisis of international law in the pattern of international governance.The process of globalization is not only the inevitable product of the operation of modern economy and modern society,but also an indispensable feature of contemporary institutional life.The perspective of globalization not only puts forward new ideas for the study of the world political pattern,but also brings new challenges to the peaceful development of the international community.The diversity of world culture and development path is an indisputable objective fact.Targeted solutions should be put forward to deal with different problems.A pluralistic world needs a pluralistic justice system to deal with it,and there is more than one reasonable model for governing the world.It should be a multi-level and diversified governance model including unilateral,bilateral and multilateral.Only in this way can we better build a global justice system and ensure that the justice system is well implemented in the operation of the international community.Meanwhile,the view of western centralism also restricts the formation of just norms of international law.Although western civilization has been brilliant and has made outstanding contributions to promoting the process of human civilization,many western countries have also taken the lead in the world in military,science and technology and other fields under the guidance of this civilization.However,the west is only a corner of the world,not the center of the world,and the western political system and value civilization cannot represent the common aspirations of mankind.Therefore,the international legal system established under the influence of western centralism will inevitably fail to form just institutional norms.The connotation of justice is complex and rich,and the concept of justice is deeply influenced by cultural traditions and individual subjective ideas,and then manifests in the diversity of types and the evolution in the times.In the multi-cultural real society,it attempts to pursue the construction of a universal measure of justice.Whether it is the empirical idealism at the beginning of the demonstration,or the whole demonstration process is based on idealized assumptions.This concept of justice,which is divorced from the objective reality to a certain extent,makes it unable to play an effective role of justice in the real society.The function of international law is not only that it provides a rational model for international relations worthy of long-term pursuit,but also that it can guide states to engage in correct behavior in practice.To promote the realization of the justice function of international law,the key is to clarify what kind of justice value international law should pursue and maintain.Due to the complexity of the connotation of justice,we cannot simply give a generally recognized and accepted definition of justice,but we can start from several key elements of justice,and put forward a yardstick for judging whether a certain thing or an action is just.First,the core elements of justice should be to recognize the pluralism of justice values and to ensure the equality of status among various justice theories.Secondly,the basic principle that justice should follow is the minimization of mutual harm and the maximization of mutual benefits in international relations.Finally,an important yardstick for measuring justice is to follow the principle of individual cases,and to comprehensively consider various situations and factors in the event.The function and value of international law lies not only in its ability to provide the international community with a rational model worthy of long-term pursuit,but also in its ability to guide the behavior of international actors in reality and promote the development of the international community towards a more just and civilized direction.The effective way to solve the dilemma of the just function of international law should be dealt with in both theory and practice.At the theoretical level,we need to build the concept of justice combining eastern and western civilizations,and then guide the construction of international law rules that can equally reflect the different needs of multiple subjects,which will help to provide the world with multi-level and multi-dimensional governance models and governance concepts.At the practical level,we should actively promote the development process of the rule of law in international relations,regulate the hegemony of great powers and achieve cooperation between countries mainly through international law rather than international politics.What's more,it is also necessary to build an implementation mechanism of international law under the guidance of the concept of pluralistic justice.It is necessary to ensure that international law can not only reflect the value of justice in the international community and judge the justice of the behavior of international actors,but also effectively protect the behavior of Justice and realize the value of justice in practice,so as to gradually develop the whole world into a morally orderly society. |
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