论国际条约在中国的适用

Study on Application of International Treaty in China

条约是由两个或两个以上国际法主体间根据国际法所缔结的,用于确定其相互间权利义务关系的书面协议。根据条约必须遵守原则,一国应真实善意地履行条约所规定的义务。然而,一项国际条约欲在缔约国内得到适用,必须得到该缔约国国内层面的"接受"。国际条约在国内法上的适用一直是国际法学界争论的焦点,也倍受我国理论界和实务界的广泛关注。

International treaty is a written agreement that is signed by two or more subjects of intemational law on the basis of international rules to make sure their rights and obligations. According to the treaty, a country shall perform the obligations in a genuine and benevolent manner. However, a treaty will be applicable in contracting states only when it is accepted domestically. The whole International Law Circle, including some Chinese scholars, pays close attention to the issue of the domestic application of international treaties. Proceeding from the relationship between international law and domestic law, this paper combines basic theories of domestic application of international treaties with legal practices in China and further explains the status and application of international treaties in the legal system in China.