On The Issues Of Internal Application Of International Treaties

According to the principle of "pacta sunt servanda", contracting states should fulfill contracts in accordance with the treaty faithfully. Application of treaty is a question of relationship between international law and domestic law in essence. It at least includes three questions:firstly, treaty accepted by domestic law; secondly, mutual status of international treaty and domestic law; finally, direct and indirect application of treaty.Different countries adopt different standard and practice based on varied understanding. It means that we must explore a characterizing action according to our national conditions, which should keep with international law and Chinese law.Regarding to acceptance of treaty, there are patterns of conversion, entering, and commixing of conversion and entering in varied countries. At present, China practically is adopting the patterns of entering oriented, patterns of conversion supplemented. However, in lack of base of constitution and other regulations, the existing legislation to acceptance of treaty is in disorder. In the future, we can still adopt the patterns of entering oriented, patterns of conversion supplemented, but it should be defined by Constitution Law and other concerned law.As for the status of treaty in our domestic law, especially the relationship between treaty and domestic constitution law, regulations, different countries have different stipulation. However, most of countries think constitution law is superior to treaty. As for the relationship of treaty and domestic law, it is much more complicated. Up to now, there is no provision on legislation in our country. It is a common place that our constitution law is superior to treaty and in the future we also should keep this standpoint. However, as to the relationship between treaty and common domestic law, there are different opinions among jurisprudents. This article agrees that treat should be superior to common domestic law. Certainly, this conclusion that treat should be superior to common domestic law is not absolutely, which should be bound and limited by reciprocal and mutual treatment and clause reserved.Upon the application of treaty, there are not only executions of administration but also application of judiciary in theory, but as a rule of the latter. The international countries mainly adopt methods of direct and indirect application. Unified system on treat application is not set up in China now. However, in many civil and commercial affairs, method of direct application has been established at first step through legislation, judicial interpretation and court practice. The direct application of treaty is limited. At present, in the treaties of politics or binding government, method of indirect application is practically adopted in our country. But as for lack of definite regulation of Constitution Law, the application of treaty is confused and chaotic on legislation and time. It is not only harmful to observance and performance of treaty, but also harmful international image of China. In conclusion, we should pattern the regulation of other country to legislate definite provision by Constitution Law and other concerned law.