On The International Law Hayek's Thought

Hayek’s basic view on international rule of law:that the international law is formed by the language is just a kind of affirmation of the law, not a creation of the law, and the law is also not a game of words, which cannot be created by democratic process, but the democratic process can promote the understanding of the international law; in order to guarantee the effective implementation of the international law,an international political authority is necessary; federal principles if carefully used, is conducive to the maintenance of international peace and stability, and the safeguard of freedom of the nation. Hayek’s thought of individualism responds the basic spirit of international human rights law and international humanitarian law, which embodies the concept of modern international law. To strengthen the democratic legislation of the United Nations general assembly, to improve the legitimacy and fairness of law enforcement of the UN security council, to promote international justice and establish the international judicial authority, is of great significance for promoting the international rule of law.The whole order of the international community must be spontaneous, and it is possible for partial order to be constructed. Correspondingly, it takes short or long time for international legitimacy behavioral rules to be formed, which experienced comparison and selection among behaviors, it is wiser to wait before the rule forms, otherwise it may lead to worse results; laws can only be created in the van of partial order domain, because even the law is evil,the negative effect of them is also limited, which cannot cause disorder of the entire international community." Although the global economic equality is undesirable, the global average distribution of material wealth is also not desirable.Hayek’s thought on international rule of law enlighten us:the legitimacy and reasonability of the target cannot automatically guarantee those of the means,it is of necessity and justice for international coercion to exist, but it also has disadvantage, there are two main aspects affecting the coercion,that is the distinction between the state and the government and the legitimacy of the government, international sanctions as the main form of international coercion is a "double-edged sword", in order to play a positive role, the international sanctions should be improved.