联合国会员国准入制度在“国家承认”中的角色及挑战

"国家承认"是涉及国际主体能否在国际社会中享有国家权利和履行国家义务的国际法基础性问题。随着国际社会的高度一体化和国际组织的蓬勃发展,传统实践中双边的"国家承认"逐渐被集体性实践所替代。联合国的会员国准入制度与国际社会对一个主体的国家资格的承认存在着密切的联系,在"国家承认"问题中扮演着重要角色。由新近的乌克兰局势可发现,联合国会员国准入制度在"国家承认"的层面面临着种种挑战。为保持和发展联合国的会员国准入制度在"国家承认"问题上的优势作用,应该促进现存会员国对彼此文明的欣赏、包容和互鉴,在安理会和大会形成趋于一致的价值目标的基础上,针对具体案例进行历史和现实的分析,从而和平解决与"国家承认"相关的国际问题。

The Character and Challenges of the Institution of Admission to the U.N.Membership in the“Recognition of States”

The ＂recognition of states＂ is a fundamental issue of international law which involves whetheran international entity is qualified to exercise rights and to assume obligations as an independent state. Withthe highly integration of international community and the booming development of international organizations,the bilateral ＂recognition of states＂ in traditional practice has been gradually replaced by collective recogni-tion. Indeed, the admission to the United Nations membership has close relations with the recognition of thequalification of an entity as a sovereign state by the international community, and particularly the admission in-stitution plays an important role in ＂recognition of states＂. However, the latest Ukraine crisis has shown thatthe admission institution has met various challenges in ＂recognition of states＂. In order to maintain and devel-op the advantageous effect of the institution of the U. N. membership admission in ＂recognition of states＂, it issuggested to facilitate the current state members to appreciate, to tolerate and to take reference from the civili-zation of each other. Based on the increasing unified purpose of value between the U. N. Security Council andthe U.N. General Assembly, the historic and realistic analysis of specific cases is proposed so as to peacefullyresolve the international issues over ＂recognition of states＂.