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On the Issues of Internal Application of International Treaties

Author: LongYing
Tutor: ZhouJianHai
School: China University of Political Science
Course: International Law
Keywords: Treaty Applicable Accepted Domestic law
CLC: D993.8
Type: Master's thesis
Year: 2011
Downloads: 255
Quote: 0
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Abstract

According to \However, the the treaty's applicable first of all is built on the international and domestic law question of the relationship on top of, moreover it is at least including the three aspects of the problems: first, the treaty in domestic law on the to accept; second, domestic law upper Treaties and domestic law the mutual status of; Thirdly, the of treaties directly applicable and indirect applicable (or self-implementation of treaties and non-self-implementation of treaties the problem). About the treaties and domestic law the relationship between, there are negation the Analects, two yuan the Analects with one yuan the Analects of the points. Different countries, based on In this regard understanding of of are different, adopt different standards and practice, this also means that We must follow our country's national conditions, go to explore a suitable for its own national characteristics practices. For the the treaty to accept, current national mainly there are \China's current is actually to adopt a \In the future, our country should still take \For the civil and commercial matters treaties in the field, should be taken to \As regards the Treaties in domestic law on the's position, especially yes treaties and a country's constitution, treaties with an law of the State the relationship between the, different countries the existence of different provisions of and practice. At present, most countries have taken constitution superior to treaty the practice of; But in the treaties and an law of the State the relationship between the upper, then the is more complex, there are treaty is superior to general legal Legalist, treaties with the general legal resident in an equivalent-bit bands and so on different practices in. At present China's Constitution In this regard no clear provisions, but is generally believed that our country Constitution has the superior to treaty's status, in the future should also be continue to maintain this stance. But for the treaties and China's general between the law of the relationship, scholars have different perspectives, there are think that the treaty higher than China general legal, there are also think that the treaty the same our country general legal resident in equivalent status. This article endorsed the treaty should is superior to China's general legal point of view, so that both be avoided due to domestic law the reasons for while the can not be to perform a treaty, thus avoiding the bear international responsibility, but also can makes the populace can enjoy the treaty bring the interests of, is conducive to our country's advancement and development. Of course, the treaty should be better than China's general legal point of view not absolute, and want to subject to peer to peer reciprocity, reservations to treaties, etc. of constraints and limitations. For the the treaty applicable, theoretically both the including administrative organs the execution of, but also including the the Court's judicial applicable, but usually refers to is a judicial apply. Respect of various countries speaking, mainly there are directly applicable and indirect applicable the way, or the self-executing Treaties and non-self-implementation of treaties of the points. Our country is not currently establish a unified of the the treaty applicable regime, but in many civil and commercial matters the field of within the, through legislation and judicial interpretation as well as Practice in Courts, has initially established the directly applicable's practices, but is this kind on treaties directly applicable yes finite 's, and to subject to many limitations. While in some political nature or the major bind the Government's treaty middle, our country currently is actually take is indirect applicable the way. For example, for WTO Agreement, present our country held-not directly applicable, need to transformed into domestic law or perform supplementary legislation and thus indirectly applicable point of view. Due to the lack Constitution the clear provisions of, our country signed a's international treaties lack of systematic applicable norms, This is not only not conducive to the pairs of treaty compliance and fulfill the, nor conducive to China's international image. In this regard, can refer to the the United States since the implementation of treaties with non-self-executing provisions of the treaties, by the Constitution or other constitutional Xing legal make a clear regulations.

On the Issues of Internal Application of International Treaties

Abstract

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