On The Implementation Of International Treaties In Our Country

Many countries generally have their provisions in their constitutions about the domestic application of the international law. Chinese constitution has no provisions about it but only the right and procedure of concluding treaty. And the special law of concluding treaty also has no this kind of provisions. Our practice is blending system combining the "adoption"and "transformation".I believe the ideal system is the blending system about the domestic application of treaty. The concept of "self-executing" and "non-self-executing" is produced by American case-law. In our country judges have no power of producing law but only judge under the law. Therefor we can not copy the concept of "self-executing" and "non-self-executing".Despite of the different status of international law in domestic law, we must abide the treaty otherwise we will take on the international responsibility from the international law aspect. The standpoint of determining the status of treaty by its departments that conclude or approve treaty is not suitable for the international treaty. On the conflicts of international treaty and domestic law, our country thinks the treaty is supreme to domestic law. I propose that we should amend the constitution and definitely describe the status of international treaty or make special legislation that stipulate the treaty is a part of domestic law.Many members of WTO are abnormal about the application of WTO agreements. Almost all the members deny the direct application of WTO agreement. From the document of Chinese'entry into WTO, it is no doubt that we hold the indirect application of WTO agreement but acknowledge the direct effect in exceptional circumstance. The developed members take the relative principle in practice. We must take into account that developed members' practice, on the other words, reciprocity of the application of treaty.we should directly apply the treaty on the condition that other members take the same standpoint and measures.