Research On The Relationship Between The International Law And The Domestic Law In The Era Of Globalization

Globalization is one of the most important characteristics in this age. It becomes more and more profound with the influence on the world history progress and the Chinese history progress. Though the problem of the relationship between the international law and the domestic law has been talked in international law research academia long before, and many kinds of academic explanation have been made, the scholars still has not gotten an agreement because of its strong academic character. The problem involves the nature of international law, the source of international law, the force of international law and the body of international law, etc. In globalization age, the problem is not only a problem of theory but also a problem of practice. How to comprehend and deal with their relation is very important not only in international law research academia but also in jurisprudence area. Especially, the research in these scopes in china is very few. It is very important to be researched drastically.This paper explains some basal problems concerning the relationship between international law and national law at first, including the character and the foundation of international law. Then, it indicates that the traditional theories about monism and dualism have gotten into a hobble, and nationalism is limited. So it explains that the international law and the domestic law have difference as well as relation. It should be a kind of relation between opposition and uniform. On the foundation, the paper takes the ways of analyzing history and praxis, talks about the developmental track of the relationship between international law and national law. It points that international law and domestic law are syncretism if view it form the history of ancient Greece, Rome, the establishment of sovereignty, the development of international law in World War II, the discuss of there relations in globalization era. The trend is from separation, relax to be in harmony. The post of the character establishes the precondition of recognition the status and function of the international law. Meanwhile, the paper analyzes the development of the meaning of sovereignty and human rights in globalization era, argues that the limit of human rights and the independency of sovereignty, provide the wider theory back of the apply of the international law.Harmonious is the goal of China. In the kind of world background, China insists on the relation of opposition and unify between the international law and domestic law, on the other hand, China should not ignore the status of the international law as before. China should construct and perfect legal system of applying international law. To sum up, the argument of the relation between the international law and the domestic law has much significance. It comes down to the scientific position of applying international law, in the meantime, it is very important to the calling for harmony world.According above, this paper expounds the problem through five chapters:The first chapter analyses the basic issues. The problem has been talked for a long time. It is very important to talk about the meaning of international law. Is it law? How to define it? These problems have direct relations to the subsequent argument. There are two kind standpoints. In the last, the chapter argues that international law should be law, it is just different from domestic law. Another important problem is the foundation of international law. How to comprehend it? In fact, the foundation is international society. So the paper also illustrates what the international society is. It provides the settle for the understanding of international society in globalization era.The second chapter points out the crisis of the argument of the relationship between international law and national law. This part compares monism and dualism. They are faced with crisis in globalization era. The monism ignores the impersonality being of sovereignty. It hasn't convinced that international law and domestic law are two different legal systems. On the other hand, the dualism dissevers the relation of international law and domestic law. This paper opens out their limits, clarify the richness of the international body in globalization era. Because of the development of legal, sovereignty has not been the only measure to understand the world. The relation of international law and domestic law becomes complicated. If face, they are opposite as well as uniform.The third chapter outlines the history progress of the relationship between international law and national law. The relation is historic, it from naught to being, from simple to complicated. And they haven't abstract , haven't divorced from the development of history. It occurs through three phase, that is germination, sovereignty established, and breaching the scope of public law. In the last , the chapter animadverts on the history progress, points out the development rule of international law, the relation of international law and international polity.The forth chapter illuminates the exhibition of the relationship between international law and national law in globalization progress. This part expounds the development of sovereignty and human rights in globalization era at first. The protection of human rights has become global, and the connotation of human rights has become more abundant. International law has developed great in the aspect of sticking up for human rights and sovereignty. The protection of human rights is not unconditional. Sovereignty also has its independence. Then this part illustrates the development of the relationship of international law and domestic law in globalization era. We can find the rule that the relationship experiences separation, coexistence, cooperation and globalization. Now, international law is looking for its value , paying attention to the advantage of all human with steady steps.The fifth chapter analyzes the relation of international law to establishing harmonious world with the complexion of international polity. International law is a strong weapon. It sustains and guarantees the establishment of harmonious world. In practice, China should reinforce the applying of international law. In this part, the paper pay attention to the meaning of harmonious world, analyzes the relation of international law to establishing harmonious world, opens out the trend of polity in the world today on the lay of international relationships. In the background of applying international law, the protection of human rights is limited. Sovereignty cannot be intervened.In the last, the paper reaffirm the function of international law has become more and more strong. In the view of globalization, sovereignty and human right are both new. China as a world acknowledged big country, its understanding to the relation of international law and domestic law is of great importance. The idea of harmonious world is an important aim of China from now on. It is necessary for harmonious world to perfect the applying of international law. China as a peaceful developing country, as a responsible country, international law should be basic principle. Of course, the applying of international law is conditional. It is not absolute. And it is scopes, developing in scopes. The applying of international law takes the respect to sovereign and human rights as precondition.