國際公法 國際私法

國際公法（public international law） 規範國家與國際組織之間的關係；國際私法（private international law），又稱衝突法（conflict of laws），處理涉外私人糾紛該由哪國法院管轄、適用哪國法律，兩者名稱相近，但規範對象不同。

第一句：國際公法 public international law（82 字）

In diplomatic histories of the modern state system, the public international law binding sovereign states through treaties and customary practices and establishing institutions for settling disputes was a normative framework that was developed by negotiating governments, which were either praised for restraining aggression or criticized by skeptics who were convinced that powerful nations ignored rules whenever interests conflicted, thereby promoting peaceful cooperation by defining state responsibilities and protecting human rights across regions that had long suffered from war.

1. 結構破解

In diplomatic histories of the modern state system,

the public international law

binding sovereign states through treaties and customary practices

and establishing institutions for settling disputes

was a normative framework

that was developed by negotiating governments,

which were either praised for restraining aggression

or criticized by skeptics

who were convinced that powerful nations ignored rules whenever interests conflicted,

thereby promoting peaceful cooperation

by defining state responsibilities

and protecting human rights

across regions

that had long suffered from war.

2. 分解為短句

In diplomatic histories of the modern state system, the public international law was a normative framework.（主句骨架）

The law bound sovereign states through treaties and customary practices and established institutions for settling disputes.

The framework was developed by negotiating governments.

The framework was either praised for restraining aggression or criticized by skeptics.

The skeptics were convinced that powerful nations ignored rules whenever interests conflicted.

This promoted peaceful cooperation by defining state responsibilities and protecting human rights across regions.

The regions had long suffered from war.

3. 參考譯文

在現代國家體系的外交史中，透過條約與慣例拘束主權國家、並建立解決爭端之機構的國際公法，是由協商中的各國政府所發展出的規範性框架；這個框架若非因約束侵略而受稱讚，就是受到深信強權在利益衝突時便無視規則的懷疑論者所批評，從而藉由界定國家責任並保護長期飽受戰爭之苦地區的人權，促進了和平合作。

4. 組合寫作練習（請勿看例句，嘗試將短句組回原長句）

5. 補充說明

binding / establishing：現在分詞片語，取代 which bound... and established...

bind A through B：透過 B 拘束 A；establish：「建立」

public international law：「國際公法」；sovereign state：「主權國家」

treaty：「條約」；customary practice：「慣例」；normative：「規範性的」

be convinced that + 子句：深信……

restrain：「約束、遏制」；skeptic：「懷疑論者」

state responsibility：「國家責任」

此句主句用單數 was（law 為不可數名詞），與前幾句的複數 were 不同。

第二句：國際私法 private international law（84 字）

In judicial commentaries on cross-border disputes, the private international law determining which court may hear a case and selecting the national law that governs contracts or family relationships was a technical doctrine that was applied by domestic judges, which were either valued for protecting parties' expectations or criticized by lawyers who were frustrated that conflicting rules produced unpredictable outcomes, thereby coordinating legal systems by resolving jurisdictional conflicts and recognizing foreign judgments across commercial communities that had long traded internationally.

1. 結構破解

In judicial commentaries on cross-border disputes,

the private international law

determining which court may hear a case

and selecting the national law that governs contracts or family relationships

was a technical doctrine

that was applied by domestic judges,

which were either valued for protecting parties' expectations

or criticized by lawyers

who were frustrated that conflicting rules produced unpredictable outcomes,

thereby coordinating legal systems

by resolving jurisdictional conflicts

and recognizing foreign judgments

across commercial communities

that had long traded internationally.

2. 分解為短句

In judicial commentaries on cross-border disputes, the private international law was a technical doctrine.（主句骨架）

The law determined which court may hear a case and selected the national law that governs contracts or family relationships.

The doctrine was applied by domestic judges.

The doctrine was either valued for protecting parties' expectations or criticized by lawyers.

The lawyers were frustrated that conflicting rules produced unpredictable outcomes.

This coordinated legal systems by resolving jurisdictional conflicts and recognizing foreign judgments across commercial communities.

The communities had long traded internationally.

3. 參考譯文

在關於跨境爭端的司法評論中，決定哪個法院可受理案件、並選定規範契約或家庭關係之國內法的國際私法，是由各國國內法官所適用的專業性法理；這個法理若非因保護當事人期待而受重視，就是受到對衝突規則導致難以預測結果感到挫折的律師所批評，從而藉由解決管轄衝突並承認外國判決，在長期從事國際貿易的商業社群中協調了各法律體系。

4. 組合寫作練習（請勿看例句，嘗試將短句組回原長句）

5. 補充說明

determining / selecting：現在分詞片語，取代 which determined... and selected...

determine which + 子句：決定哪個……；select：「選定」

private international law：「國際私法」，又稱 conflict of laws（法律衝突法）

jurisdiction：「管轄權」；jurisdictional：「管轄的」

foreign judgment：「外國判決」；doctrine：「法理、學說」

be frustrated that + 子句：對……感到挫折

cross-border：「跨境的」；party：此處指訴訟「當事人」

注意：國際私法名稱雖有 international，實際上多屬各國國內法，這也是它與國際公法最大的不同。

兩句皆沿用原骨架：主句為「名詞＋現在分詞片語＋was＋名詞」，接 that 子句、which were either...or...，最後以 thereby＋V-ing 收尾。

兩句為求文法自然，which 後仍用複數 were（指代 governments、judges），與前面範例一致。