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国际法规制由“法律化的规制”和“以规制为调整对象的规制”二种形式构成,在表现出“求同性”与“异同之相对性”等共有属性的同时,由国际社会利益关系的多元化、复杂化及其平权特征所决定,也面临着其权威性和强制性缺失的极大困惑。具体到技术性贸易壁垒的国际法规制中,一方面,不同目标导向与规制形态下的国际法规制并行发展、各具功效;但另一方面,如何兼顾相冲突的利益保护目标又是其必须面对的最大难题。
The rules of international law are composed of two forms: the regulation of “legalization ” and “the regulation of regulation as the object of regulation ”. When the common attributes such as “similarity” and “relativity” At the same time, it is determined by the pluralism and complexity of the international community’s interest relations and its affirmative representation, as well as the great perplexity of its authoritativeness and compulsory absence. On the one hand, the parallel development of international law and regulation under different goal-oriented and regulatory forms has its own effectiveness; on the other hand, how to take into account the conflicting objectives of the protection of interests is also a must The biggest problem of right.