第一章：国际法概念与性质_541701633.ppt

第一章：国际法的概念与性质;第一节：国际法的名称与定义;国际法的国际性;国际法的普遍性;国际法的法律性;第二节：国际法与国际社会;一、产生国际法的社会基础;二、国际法的历史;三、国际法与国际社会;国际法与国际关系;国际法与国际关系; The Late Judge of ICJ Manfred Lachs: It should be recalled that in the thirty-three centuries from 1439 B.C. to A.D. 1861, there were thirty-one centuries of war: 3,100 years of war and only 227 years of peace.;; Law is normative and binding, and failure to abide by legal obligations invites legal remedies and brings other legal responses; politics suggests freedom of choice, diplomacy, bargaining, accommodation. In fact, however, the distinction between law and politics is only a part-truth. In a larger, deeper sense, law is politics. Law is made by political actors (not by lawyers), through political procedures, for political ends.; International law is the normative expression of a political system. To appreciate the character of international law and its relation to the international political system, it is helpful to invoke (though with caution) domestic law as an analogue. Domestic law is an expression of a domestic political system in a domestic society. ; Similarly, analogously, international law is the product of its particular “society,” its political system. International law, too, is a construct of norms, standards, principles, institutions and procedures. The purposes of international law, like those of domestic law, are to establish and maintain order and enhance reliable expectation, to protect “persons,” their property and other interests, to further other values. But the constituency of the international society is different. The “persons” constituting international society are not individual human beings but political entities, “States,” and the society is an inter-State system, a system of States ;第三节：国际法的特点与作用;国际法的特点和作用;国家为什么要遵守国际法;为什么绝大部分国际法规则能够在国际关系的实践中得到有效的遵守;为什么绝大部分国际法规则能够在国际关系的实践中得到有效的遵守;第三节：国际法的特点与作用;What is a soft power?;中共十七大报告;第四节:国际法的效力根据问题 ;第五节：国际法的范围; One can find in it the basic concepts of any legal s