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On The Motivations Of Adhering To Treaties

Posted on:2015-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:X F WangFull Text:PDF
GTID:2266330428964095Subject:International Law
Abstract/Summary:PDF Full Text Request
The effectiveness of the international law basis, also known as "treaty abides by the principle of international law. Three school according to their respective theory of international law had made a different answer. This principle with high appraisal from the natural law school, that it is one of the most sacred motto of "natural law", because of the natural law is higher than the enacted law, therefore, countries have to abide by the treaty. Real constant law is considered, the absolute supremacy of state sovereignty, national no other authority over, so why do countries abide by themselves to conclude treaties, completely on his own consent and self limiting, namely the treaty to the binding of the country on the premise of the consent of the state. Represented by Hans Kelsen’s legal norms of law are divided into different status, think in a higher order of law is always low laws and the existing basis, and the highest order of international law rule is "agreement must abide by the" principle, therefore, any country should comply with the signing of the treaty. In addition, social law, argue that all the law is the result of social relations, the needs of society. Joint relationship has the common legal consciousness-the treaty must abide by. Otherwise, the life will become impossible. However, the above international law scholars views have deficiencies. Natural law scholars based on uncertain, cannot be "rational" and "human nature", make the argument can not be fully; Real law sent adhere to the "agree", but since countries can agree, can also don’t agree with, of course, in this way, the lack of the pie is obvious;"Basic specification is sent" to avoid problems, put forward hypothesis, prove the best, seemingly the most scientific, but based on the assumption of point of view, it is difficult to convince. Joint law sent directly expounds a fact, but the fact why become law, but can’t fully explain.Called the twin brother of international relations, international law is also born in Westphalian. People also realize the close relationship between the two:early that international law is the content of international relations, international law in international relations. Abide by international law, is also an important content of international relations. There is no doubt that in the international relations theories to explain, will help to solve this problem.Realism in international relations school of thought is based on "power-interest" theory, that the country’s compliance and default behavior belongs to the country’s decision-making, and the country’s decision-making is mainly influenced by the interests of the state, only in line with the interests of the country, the international law countries will compliance. Liberal thought in today’s globalization, deepen mutual dependence between countries, conflict and war is no longer the theme of the international relations, is playing an increasing possibility of cooperation between countries, cooperation between countries is the gaming result of the national interests, in the different game mechanism there is the possibility of promoting national compliance, as long as the compliance incentive mechanism, establish and improve the promotion of countries make the country realize the default cost will be greater than the benefit from the default, countries have the tendency can be enhanced. Constructivism advocates the common culture and common idea and common interests, think "concept defined benefits", in the common interests between nations to achieve consistently, on the basis of most important countries establish the compliance of the idea in the heart, is the national "compliance commitment", countries will compliance. English school of international relations, also noticed this problem, Martin white through their research, it is concluded that international law is the legal conclusions between sovereign nations, from the perspective of the function of law, this means that, now that international law is the law, it should, of course, like domestic laws are observed and implemented. Boolean that national compliance is out of habit or values. Obviously, his views and constructivism have in common.International relations scholars revealed that comply with international law mechanism is weak in the basic reason lies in the anarchy of the international community, they are from different areas and analyzed the cause of national compliance, although their theoretical basis is not the same, but there are reasonable. Based on their respective theory, they put forward to promote national compliance mechanism, it is very meaningful. To improve the mechanism for countries to comply with national law, there are two aspects of the work is important, is a leading countries set up new concept of right, the second is to enhance the international law itself justness and fairness. But it is important to note that the anarchy in the international community not to have the fundamental change state, the following mechanism also won’t have too big change.
Keywords/Search Tags:International Relations, Realism, Liberalism, Constructivism, The English School
PDF Full Text Request
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