Research On The International Law-making Discourse Power And Its China’s Practice

The discourse power in international law-making is a constructive force that the participants of international law-making transform the law-making purpose and intention into international legal text through the implementation of law-making discourse behavior based on interests,strength,system and concept.With the development of global governance system,the effectiveness of international law is also further strengthened.International law-making is an important way to produce international law.It is a horizontal law-making process lacking central authority.Driven by national interests,the process of international law-making has become a place of power competition and interest game among countries.In order to make the international law-making reflect its own interests to the greatest extent,all countries actively strive for and construct the right of discourse in international law-making in line with their own interests,and realize the maximization of interests through the exercise of international law-making discourse power.Therefore,the right of discourse in international law-making is not only an objective phenomenon of power practice,but also an important theoretical problem to be solved in the field of international politics and international law.This paper takes the international law-making discourse power and its practice in China as the research object.From the perspective of argument structure,this paper mainly includes six aspects.Firstly,it makes clear the basis of international law and the law-making basis of international discourse.Secondly,from the perspective of interdisciplinary,this paper demonstrates the concept,characteristics and elements of international law-making discourse power.In the process of demonstration,the progressive theory transfer is adopted to analyze the knowledge pedigree of international law-making discourse power in detail.Thirdly,according to the construction elements of international law-making discourse power,the international law-making discourse power is divided into four basic paradigms.The construction elements of international law-making discourse power are divided into power,interest,system and concept.Therefore,the international law-making discourse power is manifested as power-based international law-making discourse power,interest oriented international law-making discourse power,system dependent international law-making discourse power and concept constructive international law-making discourse power.At the same time,through the analysis of empirical data,this paper demonstrates the operation mechanism of international law-making discourse power.Based on the theory of international discourse power,this paper makes a detailed analysis of China’s international law-making power.This part belongs to the specific application of the theory of international law-making discourse right to China’s practice.Fifthly,it puts forward specific solutions to the problems faced by China’s international law-making discourse power,which are highly targeted,professional and technical.The sixth part is based on the theory and practice of China’s international discourse power.In theory,this paper demonstrates the basic theory of international law-making discourse power.There are three core contents.Firstly,the discourse power of international law-making is a constructive force formed through the implementation of discourse behavior.Through the theoretical transfer analysis based on knowledge pedigree,we can find that the concept of international law-making discourse power is based on two aspects.On the one hand,the historical and practical basis of the issue is that international law is the legal form resulting from the evolution of the international order,and international law has the bias of substantive rationality.On the other hand,the concept of international law-making discourse power is a progressive theoretical transfer based on international law-making theory,international discourse theory and legal discourse theory.Secondly,there are four basic paradigms of international law-making discourse power.It is embodied in twelve distinctive international law-making discourse rights.Thirdly,from the perspective of the validity of international law-making discourse,the construction elements are basically positively related to the effectiveness of international law-making discourse power.The stronger the national power,the stronger the ability to construct the international law-making discourse power.The stronger the orientation of common interests and global interests,the stronger the ability to construct international law-making discourse power.The higher the degree of dependence on the international system,the more effective the law-making power.The higher the cultural homogeneity,the stronger the degree of social preference and the deeper the degree of identity,correspondingly,the stronger the construction ability of international law-making discourse power.In practice,this paper makes a detailed analysis of China’s practice of international law-making discourse power.There are three core contents.Firstly,the problems of China’s international law-making discourse power are mainly focused on the identification of the subject of discourse power,the law-making field of international public law and the field of international economic legislation.Second,the specific solutions to the problems faced by China’s international law-making discourse power are professional,technical and targeted.Thirdly,the effective solution to the problem of discourse power in China’s international law-making needs not only specific micro solutions,but also holistic construction paths.The path of holistic construction includes four aspects.The first is that the integrity of China’s international law-making discourse power should be based on the promotion of power.The second is that the overall construction of China’s international law-making discourse power should be interest oriented.The third is that the overall construction of China’s international law-making discourse power should be guaranteed by system dependence.The fourth is that the construction of China’s international law-making discourse power should be based on the concept construction.Through the demonstration of the basic theory of international law-making discourse power and China’s practice,some constructive cognition and views can be obtained.This not only consolidates the research foundation of international law-making discourse power,but also provides theoretical support for the practice of China’s international law-making discourse power.