1国际法概述新.pptVIP

International Law; Chapter One: Introduction to International Law;1.The Conception of International Law 2.Historical Development of Modern International Law 3.The Source of International Law 4.The relationship between international law and municipal law;1. The Conception of International Law;1.1 The definition:; 近代国际法的奠基人 ; 英国哲学家和法学家 ; 最早使用“万国公法”名称的美国传教士;According to Oppenheim’s international law: International law is the body of rules which are legally binding on states in their intercourse with each other.;Gerhard von Glahn :International Law, may be defined as the body of rules and principles of action which are binding upon civilized states in their relations with one another.;Traditional definition:International law used to be defined as the law that governs relations between states. Under the traditional definition, only states were subjects of international law; that is, only states were deemed to have rights and obligations that international law recognized.; Modern definition: Contemporary international law, although still considered to be principally the law governing relations between states, is no longer deemed to be exclusively limited to those relations. It has a wide reach and is more properly defined as law that deals with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical. ;1.2 The character; This definition goes beyond the traditional definition of international law as a system composed solely of rules governing the relations between states only. ; 1.2.2 The way of creating are different 1.2.3 The scopes of enforcement are different 1.2.4 The source of enforcement/The methods of carrying out are different;1.3 The basis of enforcement of international law;Traditional ideas:Naturralists and Positivists Modern ideas:Theory of power politics and policy-oriented theory;国际法的效力根