这些影响仍是国际法的历史或文化渊源或者多多少少的持续性政治影响。
These remain historical or cultural sources or more or less continuing political influences behind international law.
国际法学者中的一个强烈看法是，尽管有这类影响，应该以普遍的方式来解读法律。
There is a very strong presumption among international lawyers that, notwithstanding such influences, the law itself should be read in a universal fashion.
无人认真地主张说，由于有些规则产生于“区域”性的灵感，所以应该以某种特别方式去解读或应用这些规则。
There is no serious claim that some rules should be read or used in a special way because they emerged as a result of a “regional” inspiration.
454. 区域特性经常转变成或显现为功能性特性：例如，如果一个区域的环境或人权制度很重要，可能在于它对环境或人权的关注，而非它是一个区域制度。
Very often regional particularity translates itself or becomes apparent as a functional one: a regional environmental or a human rights regime, for example, may be more important because of its environmental or human rights focus than as a regional regime.
对这类差别无需另行单独处理，因为这已经是研究组去年透彻讨论过的“特别法规则的职能和范围与`自足制度'问题”研究的要点。
This type of differentiation does not need further separate treatment since it already forms the gist of the study on the “Function and scope of the lex specialis rule and the question of `self-contained regimes'” that was exhaustively debated in the Study Group last year.
455. 第二类区域主义―― 一种制定国际法的区域方式―― 将各区域视为制定国际法的特殊场所，因为所涉利益及行为者之间存在着相对的共性。
The second type of regionalism - a regional approach to international law-making - conceives regions as privileged forums for international law-making because of the relative homogeneity of the interests and actors concerned.
例如，有人不时建议说，为了能够更加有效和公平地实施并使有关规则得到一致的理解和应用，所以应在区域范围中发展国际法。
It is sometimes suggested, for example, that international law should be developed in a regional context, since its implementation would thus be more efficient and equitable and the relevant rules would be understood and applied in a coherent manner.
就此来说，区域主义经常在以社会学方法研究国际法时被提出来。
Regionalism in this sense is often propounded by sociological approaches to international law.
无疑，有时应该将一个新规则的适用仅限于一个特定区域。
No doubt it is sometimes advisable to limit the application of novel rules to a particular region.
国际法有相当部分是以这种方式发展起来的，原来的区域规则逐渐延伸到了该区域以外。
Much of international law has developed in this way, as the gradual extension of originally regional rules to areas outside the region.
然而，这种社会学或历史学的观点也基本上不在研究组工作的范围之内。
However, this sociological or historical perspective, too, falls largely outside the focus of the Study Group.
另外，经常是由于所产生规则(如“贸易”和“环境”规则)的性质，而非规则的区域联系，才使得这类情况中的立法关切变得更有意义。
Moreover, the legislative concern in such cases is also often more significant by virtue of the nature of the rules being propounded (that is to say, as rules about “trade” or “environment”) than owing to whatever regional linkage is being proposed.
456. 第三种情形―― 区域主义作为区域性排除适用普遍国际法规则的一种方式―― 似乎与本专题更相关。
The third situation - regionalism as the pursuit of geographical exceptions to universal rules of international law - seems more relevant in this context.
对“区域主义”可以做以下分析：(a) 在积极的意义上，作为一个相对于普遍规则或原则而带有区域合法性的规则和原则；或者(b) 在消极的意义上，作为一个限制普遍规则或原则合法性的规则和原则。
It could be analysed: (a) in a positive sense, as a rule or a principle with a regional sphere of validity in relation to a universal rule or principle; or (b) in a negative sense, as a rule or a principle that imposes a limitation on the validity of a universal rule or principle.
在前一种情形下，有关的规则仅对特定区域的国家有拘束力。
In the former case, the rule in question would be binding only on the States of the particular region, while in the latter sense, States concerned would be exempted from the application of an otherwise universal rule or principle.
而在后一种情形下，有关国家将免于适用本来是普遍性的规则和原则。
In the former case, the rule in question would be binding only on the States of the particular region, while in the latter sense, States concerned would be exempted from the application of an otherwise universal rule or principle.
就第二种(“消极”)情形来说，这似乎丝毫没有独立于去年研究组讨论的较一般性的问题，即(区域)特别法的可能性和后果问题：在何种条件下区域规则可能减损普遍规则，这与去年讨论的问题相似或相同。
As far as this second (“negative”) sense is concerned, it does not seem to have any independence from the more general question, debated by the Study Group last year, of the possibility and consequences of (a regional) lex specialis: the conditions under which a regional rule may derogate from a universal one seem analogous with or identical to the problems dealt with last year.
457. 无疑，一个区域的各个国家可用条约或其他形式制定一个适用于彼此关系的特别法律。
It is undoubted that States in a region may, by treaty or otherwise, establish a special law applicable in their mutual relations.
在这方面，“积极的意义”仅反映了一个显而易见的事实。
In this regard, the “positive sense” merely describes a truism.
然而，有一种更强烈的主张认为，可能另外还会存在一些这样的区域法，它约束该区域所有国家或者在与该区域国家往来中的其他国家， 无论后者是否同意。
However, there is a stronger claim to the effect that there may come to existence also types of regional law that are binding on all the States of the region, or other States in their relations with the States of the region, independently of the consent of the latter.
458. 国际法院在庇护案和阿亚德拉托雷案中处理了 这一主张，尽管没有最后的结果。
Such a claim was dealt with, albeit inconclusively, by the International Court of Justice in the Asylum case as well as in the Haya de la Torre case, where Colombia contended inter alia that a “regional law” had emerged on diplomatic protection, with the purpose of deviating from the general law.
在该案中，哥伦比亚为了回避一般法律而提出的争辩之一是：一种关于外交保护的区域法已经出现了。
Such a claim was dealt with, albeit inconclusively, by the International Court of Justice in the Asylum case as well as in the Haya de la Torre case, where Colombia contended inter alia that a “regional law” had emerged on diplomatic protection, with the purpose of deviating from the general law.
以哥伦比亚的观点，这类法律甚至适用于不接受它的该区域国家。
Such law was applicable, in the view of Colombia, even on States of the region that did not accept it.
阿尔瓦雷斯法官在其反对意见中声称：这类规则不仅“约束新世界的所有国家”和“约束新世界的每一个国家”―― 尽管无须“所有这些国家都接受”，而且在“影响美洲的事务上”约束所有其他国家。
In his dissenting opinion, Judge Alvarez asserted that such rule was not only “binding upon all States of the New World” and “binding upon all the States of the New World” though it “need not be accepted by all [of them]” but also on all other States “in matters affecting America”.