全人类共同利益原则的现实悖论

摘要

The Principle of the Common Interests of Mankind, which has been proposed by some scholars, is hugely conflicted with the state sovereignty, what＇s more, it has not been fully confirmed by international law documents or even generally accepted by the international society. In fact, because this principle only defense the whole interest of all humanity rather than the interests of the whole, So obstacles and reality paradox existed in the principle, which resulted in its unaccepted to fundamental principles of international law. At current stage the Principle of the Common Interests of Mankind more manifest as a concept of international law and international morality.%被部分学者所倡导的全人类共同利益原则与国际法的理论基石——国家主权的矛盾不可调和，且没有得到充分的国际法文件确认和国际社会的普遍公认，在事实上也只维护全人类的总体利益而非全体利益，故而遭遇诸多理论障碍和现实悖论，不能成为国际法的基本原则。全人类共同利益原则在现阶段更多地体现为一项国际法理念或国际道德。