论国际法与国内法的关系

On the Relationship between Domestic Law and International Law

国内法与国际法的关系问题是国际法的一个基本理论问题,这一问题的实质是国际法能否被国内法适用以及国家是否能够援引国内法来作为其不遵守国际法的理由。

The relationship between domestic law and international law is a fundamental theoretical problem in the sphere of international law.The essence of this issue is whether international law can apply to domestic law and whether the State could invoke its domestic law to exclude its responsibility for the violation of the international law.Through a discussion on and analysis of domestic law and international law,as well as the relations between the two,this paper elaborates on the inter-linkages and differences between domestic law and international law in judicial practices.