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What is the relationship between international law and domestic law?
(A) the monist
Monism claims belong to international and domestic law of a legal system, but there are two theories; priority of international law and domestic law priority theory.
Monism, says international law took precedence. The main representatives of thisdoctrine are kaierxun and feideluosi, they claim the status of international law overdomestic law, national law is subject to international law. Monism domestic law priority said. The doctrine of the main representative is Elfriede Jelinek, Zorn's, Kaufman. Jiichi they argue that international law is subordinate to domestic law, such as laws, international law only the domestic law had the force of law.
(B) the dualist view, international law and domestic law with different characteristics, are two different legal systems, which are parallel or antagonistic relationship, relationship is not a membership or inclusion. Both parallel and opposite as follows:
First, adjust the object;
Second, the sources are different;
Thirdly, the effect is different.
Second, the relationship between international law and municipal law practice
International law and the domestic law is a different legal system, but mutual linksbetween these two systems, interpenetrate and complement with each other and promote each other. In domestic law, the State cannot ignore its international obligations, at the time of participation in the development of international law and national sovereignty cannot be ignored. | | Education network of law international lawcannot interfere in domestic law, national law may not change the law, relationshipbetween the two should be coordinated.
(A) relationship from the perspective of international law and domestic law:
1, on the principles of international law provisions requiring specific provisions ofdomestic law;
2, national provisions of domestic law cannot be used to change the existing international law principles, rules and regulations;
3, the principles of international law should not interfere with national sovereigntyestablished by domestic law.
(B) the relationship between domestic law and international law:
1, international law was considered part of domestic law, which has the force of law in the country;
2, for the implementation of national law, is sometimes necessary in domestic law to the principles of international law, rules, regulations, and systems to be provided;
3, and international law and domestic method occurred conflict Shi, some national take international law is national method part, or in Constitution Shang for provides, or above domestic method; generally, Treaty more complex, some treaty in domestic has implementation effectiveness; some treaty is needed through domestic method is effectiveness, some national provides, Treaty and domestic method has equal effectiveness; also has national Constitution or legal expressly Treaty of effectiveness above domestic method.
Third, the application of international law in China
China's consistent compliance with generally accepted principles and rules of international law, and they concluded or acceded to by treaty obligations seriously. Direct application of the Treaty, such as the 1980 United Nations Convention on contracts of sale of goods. But most Chinese in China after the implementation of domestic legislation, such as the Vienna Convention on diplomatic relations and the Vienna Convention on consular relations, in China, has formulated by the people's Republic of China diplomatic privileges and immunities of the Treaty, the people's Republic of China on consular privileges and immunities, ROC General and Department of law by articles in the international treaty relationships with China's domestic laws. The 142th article of the General principles of the civil law in our country: "Chinahas concluded or participation in international treaties and the provisions of the civil law of the people's Republic of China, and apply the provisions of internationaltreaties. ”
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311