国际法的基本原则与具体规则/规范法律效力的博弈 ——以中国被诉原材料出口限制措施案为例

Abstract

It seems impractical in the realm of international trade that the effectiveness ofprinciple of law is higher than that of specific rule. In order to protect their interests,developed countries put rules representing their interests override the fundamentalprinciples of international law in the practice of international trade. Raw material caseis the one of cases concerning this matter. What reflects in this case is that theeffectiveness of fundamental principles of international law, such as environmentprotection and sustainable development, is far lower than the trade rules when it refers to the conscience and behavior of trade protectionism. Therefore, based on principleregarding to relation of effectiveness between fundamental principles and trade rules,China and other developing countries should have an analysis of rules in force, andutilize the theory with regard to interpretation of international law and plea techniqueto protect our rightful interests to the most extent. Moreover, the most significant thingis that, we should make a proposal to modify the rules in force which are unfair andunjust based on fundamental principles of international law, as well as make our voiceheard in the process of creating new rules.