Research On Contemporary International Rule Of Law

With the deepening of the globalization process,Countries in the world become closer and closer in economic, political, cultural and other areas, it is impossible to develop isolated, the ideal of the rule of law is also beyond the boundaries of nation-state and extends to the international society, thus resulting in the international rule of law. Since the 1970s, the term "international rule of law" is used more and more frequently in the international community, international rule of law has increasingly become a major issue in the era of globalization. At present, in the possibility of achieving international rule of law, there exits a general controversy. In practice, although the international rule of law has initially developed, there are still many problems and constraints. Therefore, the study of international rule of law will be of great theoretical and practical importance, which can have a positive effect on the coordination of the international community.This paper consists of four parts.The first part studies the differences between the definition of domestic and international rule of law, and clarifies the authors' positions in insisting a substantive concept of the rule of law. In the issues of the possibility of international rule of law, the author holds a positive attitude and gives reasonable explanation to the theoretical problems which are put forward by the skeptics of international rule of law by using the existing theories; In the second part, the author points out that the fundamental cause of international rule of law lies in globalization and further analyses all the aspects of globalization in promoting the development of international rule of law, and then simply explains the current situation of the development of international rule of law. In the third part, the author detailly analyzes the constraints which are faced by the international rule of law, such as the current fragmentation of the international law, the weak awareness of international law, the lackness of effective mechanisms for international justice, and then points out that a possible path to achieve international rule of law is international good law and global good governance. In the forth part, the author elaborates that the important role of the UN in international rule of law, the actively participating in the formulation of new rules of international law, the efforts to promote the new international political and economic order, and strengthening civil rule fo law construction and the other measures which China can take to deal with the trend of international rule of law.