国际公法表达法.docVIP

国际公法 Scholars have often divided the legal universe into two parts --- international law and domestic law. International law is a body of principles, customs, and rules recognized as effectively binding obligations by sovereign states and such other entities as have granted international personality. 笼统说，法可以分为国际法与国内法。国际法是指调整国家之间或国家与类似具有国际法律人格的主体之间的有法律约束力的原则、规则和制度的总称。 Historically, states were considered to be the only subjects of international law, but, since the end of the first world war, this view has become increasingly untenable. Now the subjects of international law includes international organizations, non-self-governing territories. Some scholars even argue that individuals can become the subject of international law under certain circumstances. 传统国际法中，国家是唯一的国际法主体。但是第一次世界大战结束后，国际组织、正在争取解放的民族也已经成为国际法的主体。甚至有些学者认为在特定情况下，个人也能成为国际法的主体。 The sources of international law are often referred to the Article 38 of the Statute of the International Court of Justice, which states: The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: international conventions, whether general or particular, establishing rules … expressly recognized by the contesting States; international custom, as evidence of a general practice accepted as law; the general principles of law recognized by civilized nations; subject to the provisions of art.59, judicial decisions and the teachings of the … most highly qualified publicists of the various nations, as subsidiary means for … the … determination of rules of law. 提起国际法渊源，通常会引用《国际法院规约》第38条： “法院对于陈诉各争端，应依国际法裁判之，裁判时应适用： 不论普通或特别国际协约，确立诉讼当事国明白承认之规条者。 国际习惯，作为通例之证明而经接受为法律者。 一般法律原则为文明各国所承认者。 在第五十九条规定下，司法判例及各国权威最高之公法学家学说，作为确立法律原则之补助资料者。” The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) a government; (d) a capacity to enter into relations with other States. 国家作为一个国际人格者必须具备下列条件：（1）固定的居民；（2）确