国际法暴政

新德里——表面上,中国不久前宣布在其实际控制区外设立防空识别区(ADIZ)与美国因涉嫌克扣印度管家而逮捕一名驻纽约印度外交官并对其进行搜身似乎毫无关联之处。其实,上述事件集中体现了两个大国所奉行的单边主义国际法。

大国一贯吹嘘建立在规则基础上的公正的全球秩序对国际和平与安全至关重要。但实际上大国却一边藐视国际法,一边借国际法来惩罚其他国家。国联解体就是因为无法惩罚或遏止这样的作法。今天,美中两国是国际关系中奉行单边主义作法的典型代表,即使两国都信誓旦旦支持强化全球制度和规则。

以美国为例,美国一直拒绝签署重要的国际公约——其中包括1982年的联合国海洋法公约(UNCLOS)、1997年的联合国国际水道非航行使用法公约(该公约目前尚未生效),以及1998年的国际刑事法院规约。事实上,单边主义依然是美国外交政策的主旋律,这也体现在包括网络战、监控、无人机袭击或者以政权更迭为目的的国际干预行动之中。

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