Font Size: a A A

International Treaties Applicable In Our Country, The Effectiveness And Implementation Issues

Posted on:2006-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:L DingFull Text:PDF
GTID:2206360155969671Subject:Law
Abstract/Summary:PDF Full Text Request
The international treaty is an important source of the international law and a main body of the international law. In December 2001. China took part in the World Trade Organization and formally became a member of WTO, which was a symbol that the reform and opening in China had reached a higher level and newer stage. The rules of WTO consist of a large number of multilateral, many-sided and bilateral treaties. Application of international treaty serves as a key point of study of domestic law and international law. The relation between these treaties and the law in the country and issues on how these treaties are applied in the country require to be studied and tackled in time. For a long time, a hard discussion on how these treaties are related to the law in the country and how they are applied in China has been going on. Meantime, some disputes have appeared.As a student in service who is engaged in judgment practice. I would like to analyze and make study of the relation between the international treaties and the law in the country and issues on how these treaties are applied in the country, form the two aspects —the law in the country and the international law. I also would like to put forward my opinion in term of judicial judgment of civil action and trade action relating to foreign country.By discussion and analysis, the author thinks that before discussion on application of international treaties in China, first of all, we shall analyze the nature and feature of the international treaty, understand the embarrassment of legislation in the country and consider the real meaning of application of the international law in China. Application of international treaty in the county can not be regarded as handling specific dispute cases of the international trade by the court in accordance with the international treaty. Thus application of international treaty in country is simply denied.Application of international treaty in the country shall be explained in a broad sense and its nature is implementation of the treaty and the obligation and responsibility under the rules of WTO. Application of treaty in the country, including in the authority, and judicial department (court), shall be dealt with and analyzed differently at different level, as conditions vary.
Keywords/Search Tags:International Treaty Relation between the treaty and the law in country, Application of international treaty in the country, Application in the people's court
PDF Full Text Request
Related items