安理会移交决议的效力分析-国际法学专业论文.docxVIP

哈尔滨工业大学法学硕士学位论文 - II - Abstract The legal effect hierarchy of international law is the logical premise of international law applicable. When legal conflict happen, there is no choice without clear legal effect. In the case of Sudan, the unknown legal effect bring the phenomenon of difficult law appli cation . Explore the theory of the legal effect of international law makes direct significance to the law application and to the case’s promotion. Under the environment of promoting the international rule of law, the theory of the legal effect of international law is still weak. The creation relative of “Security Councils referral Resolution” and other specification can get the clear legal effect and remove this great pity and benefit further study. Investigating international law conflicts practice, we find that international law rules in the same field have not came into a unified system, even that conflict with each others. In the theoretical level, through the theory and practice mutual promoting that the international law system exists effectiveness level be admitted. The substance of international law rules have been treated as judgment standard of effectiveness. The theory of “Jus cogens”，“Obligation erga omnes ”and International crime brought much more easy concept to discriminate the legal effect. Further compare universal jurisdiction to Security Councils referral Resolution, explore the contradiction and design judgment subject. Further compare Resolution and Genocide Convention trough the research reach the conclusion: the Security Council ’s Resolution is not necessarily advantage over other rules. By comparison in Sudan case, the principle of universal jurisdiction and the Genocide Convention have relatively high er effectiveness level. By reflecting the conflict of international law rules and the theory of legal effect, choosing Security Council’s Resolution as a specific perspective in the specific Sudan case to find international