| The binding force of the International Law has been widely questioned from the beginning.Thomas Hobbes and Pufendorf has ever made a negative answer standing at the point of natural law. In19th century, John Austin and his disciples hold the same attitude, which also negated the legal nature of international law from the perspective of positive law. As of today, in the study of the law, international law scholars, from ancient to today, analyzed it carefully from different points of view and most of them come to a positive conclusion. It seems that the debate about whether the international law is "Law" has been ended. However, in the anarchy of the international community, from mankind enters the modern civilization until today, as the adjustment of legal relationship, the international law has encountered many challenges and impacts. Every time, when law encounters the authority and rights suffer the power, people struggle between the expectations of the international law is "Law" and the fact that it has been ruined freely. Due to the characteristics of international relationship, this contradiction is even more significant in its territory. This controversy, only existed in law before, becomes a issue of concern between two subjects. A new way of researching the binding force of international law, which based on the view of international relationship will bring us a brand answer. In the history of the theory of western international relationship has ever appeared four battles among different schools. In this special history, the role of international law has been converted many times, sometimes it is mainstream and sometimes not. From these all, we can find that the world is on a way to the rule by law. However, the research of international law is earlier than the the research in international relationship, this paper try to find some new views from different schools in international law. |
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