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Study Of Relevant Problems With Applicability Of Treaties In China

Posted on:2019-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:M LuoFull Text:PDF
GTID:2416330545457599Subject:International Law
Abstract/Summary:PDF Full Text Request
In an increasingly complex international environment with unpredictable political conflicts and never-ending trade disputes,it is imperative for us to work out how to navigate the international tides in a foresighted manner to benefit the Chinese people.What we need is determination and courage to analyze and solve difficulties and surmount the hurdles.In international law studies,it is necessary to analyze the problems carefully to work out effective solutions and lay groundwork for our country's foreign and domestic relations.As international treaties are an important part of international law,correctly handling the relations between such treaties and the laws of China will contribute to solving the above problems.As such,this paper focuses on the “study of relevant problems with applicability of treaties in China”,which can help to solve China's problems and achieve the rule of law and harmony in the country.First of all,China has no clear constitutional definition of acceptance of international treaties.Second,it is not clear that how such treaties can be applied in China.Finally,the legal hierarchy of international treaties is not yet defined in China.As a result,accepting the treaty without the support of constitutional definition leads to the blurring of international law acceptance in China,which consequently gets the legal practitioners confused in application of such treaties and laws and directly affects domestic stability and the healthy development of external exchanges and cooperation.This can not meet China's requirements for significant development in international treaty practice.On the basis of sorting out and reading massive domestic and foreign materials and literature and with an emphasis on Chinese characteristics,this paper boldly draws on beneficial research results from international peers and conducts a systematic discussion of treaty applicability in China.It defines and analyzes the concerned technical terms through conceptual analysis.Based on the research,analysis,and sorting of domestic and foreign relevant literature,the paper provides legal support for problems concerning treaty applicability in China.Adopting the comparative research method,it makes a comparative analysis of the research and practice results on relevant systems in such countries as the U.S.,the UK,and Argentina.Finally,it takes into account the status quo in the discipline and adopts the positive analysis method where inferencesand explanations are made theoretically through cases.Through the above methods the paper provides theoretical support in solving the problems with treaty applicability in China.Due to the limits in material and space,finally this paper only solves some basic theoretical problems instead of all the hot problems in practice and can only provide a macro solution.There are still some politically charged problems left to be get over later.
Keywords/Search Tags:treaty, applicable method, domestic and international status quo, solution
PDF Full Text Request
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