摘要
国际法“弱法论”由来已久。其主要理论依据是国际社会缺乏像国内社会那样的强制执行机构。本文从分析国际法法理基础入手 ,对比国内社会与国际社会结构的差异 ,结合国际实践的现状 ,历史客观地提出国际法强制执行是内力 ,而非外力 ;是合力 ,而非压力。因而国际法并非弱法。澄清这一问题 。
There has long been a practice of treating international laws as feeble. Its theoretical basis is that the international society lacks enforcement institutions which readily exist in China. On the basis of analyzing the theory of international laws, through the comparison of the different social structures of domestic and international society and considering the current international situation, the paper put forth that the enforcement of international laws should be an internal rather than external force and an joint force rather than pressure. Therefore international laws are no feeble laws. Clarifying this point has an important role in understanding the impact of NATO's bombardment of Yugoslavia Union and the missile attack of Chinese Embassy in Yugoslavia to international laws.
