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The Roles Of International Law In The International System

Posted on:2010-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:S J YaoFull Text:PDF
GTID:2166360275460473Subject:International Law
Abstract/Summary:PDF Full Text Request
International law faces more social issues in new times. For example, relations between international law and international community, the roles of international law in international system:how international law restraint political power, promote economic cooperation, boost cultural identity, etc. However, traditional international law (as a study) neglect the issues, and traditional methods in international law cannot suit to the study on the issues either. So the thesis is intended to study the social issues on international law by adopting new methods.The thesis mainly adopt historical methods and social methods. It have a clue as follows: evolution and features of international system - relations between international law and international community - the roles of international law in international system.The thesis consist of five parts as fellows:Part 1. Object and methods of international law (as a study). The social issues facing international law and the contributions and limitations of traditional method is stated to demonstrate the necessity for expanding object and methods of international law (as a study).Part 2. Evolution and features of international system. In this part, evolution and features of international system is introduced. It's essential to explain the position to international law. And the fact that international system provided conditions for international law is elaborated to set the scene for treating the roles of international law in the following three parts.Part 3. The role of international law as an outcome of power politics is to restrain powers. To start with comparison between idealistic and realistic view on international law, the author comes to the conclusion that international law plays a independent role even facing power politics. International law is an outcome of arrangement of power politics. It restrains powers by reasonable arrangement of powers. Its effectiveness is dependent on the reasonableness of the arrangement of powers. This part is ended with comparison between the League of Nations and the United Nations as an example.Part 4. The role of international law as a kingpin of international institution is to promote economic cooperation. In this part, the author draw inspiration from the theory of international institution formulated by neoliberalist. Then the author comes to the conclusion that international law acts as a kingpin of international institution and can surmount the obstacle to economic cooperation. Take the Great Depression and GATT for example. "Beggar-my-neighbor" policy during the Great Depression harmed international trade seriously. After GATT was formed in 1947, it plays an important role in economic cooperation.Part 5. The role of international law as a culture is to construct identity. The author starts with elaborating theory of constructivism, then comes to a conclusion that the role of international law as a culture is to construct identity. European union law is a good example. It is a core element of European integration. European union law can construct identity of European union and its member state, boosts its legitimacy etc.The thesis made a breakthrough in innovation of methods and object. It adopts mainly historical methods and social methods, and have an innovative research ideas. The thesis is of great originality. Its object of study is on the roles of international law in international system involving the social issues on international law. The thesis expands object and methods of international law (as a study).The thesis is of theoretical and practical significance. It drew inspiration from the science of international relations, overcome the limitations on international law from a legal point of view, and expands the object of international law. New methods adopted in the thesis provides new perspective for traditional issues, and confidence and capacity for new issue of international law. The significance for practice lies in helping to formulate a suitable foreign policy to maintain a condition for peaceful development. Especially when China facing a lot of issues on international politics, economy and culture during its peaceful rising, the thesis can give a reference to these issues.
Keywords/Search Tags:International Law, International System, Realism, Neoliberalism, Constructivism
PDF Full Text Request
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