The Perpetual Peace Of Kant In The Perspective Of International Law

"Peace and development" has become the theme of the present era,but the global challenges such as terrorism,hegemonism and militarism still emerge in endlessly,and the maintenance of world peace still faces many difficulties.Peace is the common aspiration of all mankind,which is enveloped in the haze of war.It is the mission and fundamental value orientation of international law.In this context,it is of great theoretical and practical significance to review the German performer Immanuel Kant's theory of perpetual peace.The theories,principles and rules of modern international law have many conjunctions with Kant's theory of perpetual peace.It can be said that the theory of perpetual peace has a profound influence on the development of modern international law.The study of Kant's perpetual peace theory is common.Therefore,this article will interpret the perpetual peace of Kant from the perspective of international law,excavate the thought of international law in the perpetual peace theory,and draw nutrition for the future direction of the development of international law.This article is divided into four parts:The first part is the introduction.It mainly discusses the premise and foundation of the study,including clarifying the significance of the topic and combing the academic achievements of Kant's theory of perpetual peace.By combing the research status quo of the academic circles,we draw lessons from the previous studies and find out the shortcomings,so as to make clear the direction and ideas of this research.The second part mainly interprets the basic content of Kant's perpetual peace theory from the perspective of international law.As Kant's perpetual peace theory contains many international law thoughts,it is particularly necessary to study his theory under the perspective of international law.This section mainly discusses the following three questions:first,how is it possible to achieve perpetual peace?The possibility of perpetual peace lies in its strong internal driving force.First,man's rational desire for peace,as a "limited rational existence",uses his own moral reason to establish the kingdom of purpose,which is the kingdom of perpetual peace.Secondly,the theory of international right demonstrates that war is injustice,that is to say,the opposite is peace.Moreover,from the perspective of international law,peace is the object that the right of peace should be protected as the right meaning of human rights,and the right of protection and equality is the protection of human rights.Second,what is the picture of eternal peace in Kant's mind?It's a vision of a world alliance formed by a coalition of Republican regimes and gradually spreading outward.The Republic of the Republic can protect the human rights of the citizens of a country to the maximum extent,and the World Union,composed of the Republic government state,makes a citizen of a country with a world citizenship and universal civil rights to achieve world peace.However,the establishment of such a loose alliance is based on no violation of state sovereignty.Third,what is Kant's plan for achieving perpetual peace?He made a concrete discussion in the preparatory provisions of the permanent peace plan,that the peace treaty could not contain the potential war risks;the state needs to abolish the standing army;the"sovereign personality"of a country must be respected;no debt for war;and no interference in the internal affairs of other countries.The third part mainly studies the influence of Kant's perpetual peace theory on contemporary international law.First,from the perspective of modern international law and the construction of international order,Kant's theory of perpetual peace enriches the theory of modern international law.In a sense,it can also be said that the theory of perpetual peace is the source of part of the thought of modern international law and the theoretical source of the theory of "Democratic Peace" on the theory of international relations.Kant's theory also expounds the relationship between domestic law and international law,and holds that domestic law is the priority.He creatively put forward other conditions related to the subject of international law,such as republican regime.Secondly,Kant's theory of perpetual peace embodies many basic principles of modern international law,such as the principle of state sovereignty equality,non interference in internal affairs,the principle of prohibiting the use of force and the peaceful settlement of international disputes.Finally,in Kant's perpetual peace of peace,the plan for the realization of permanent peace,the effectiveness of the peace treaty,the prohibition of sexual operations and the protection of the general disclosure as the rational existence of human beings provide a way of thinking for the improvement of the modern international law system and the promotion of the law,the law of war,and the international human rights law.Exhibition.The fourth part,through the previous study of Kant's theory of international law in perpetual peace,excavates valuable content and provides theoretical guidance for the development of international law in the future.This part first studies the theoretical contribution of perpetual peace theory to the development of international law from two aspects:positive and negative.On the one hand,Kant's civil rights in the world support a person's view of the subject of international law to a certain extent and provide a new angle of view for the current international law circle about whether individuals are the subject of international law.On the other hand,when we see Kant's theoretical value,we should also treat the problems in theory dialectically.As he said in his title,perpetual peace theory is a "philosophical plan",so there is inevitably a real problem.By absorbingKant's theory of perpetual peace and ignoring the lessons of human inner peace construction,the international law can better achieve the mission of maintaining world peace and development.Finally,the general secretary of Xi has creatively outlined the blueprint of "the community of human destiny",which is the contemporary response to Kant's perpetual peace,an inevitable choice for the peaceful development of the world,and a new direction for international law in the context of the change of international relations.It can be said that the idea of human destiny community is to rectify the development track of international law,while enriching the theory of international law,and pointing out the development of international law.