1国际法概述.ppt

International Law 主讲教师： wulanfang Chapter One: Introduction to International Law This chapter introduces to the basic principles of modern public international law. It provides an overview of the historical and the- oretical context within which that law has developed and discusses the functions international law performs. 1.The Conception of International Law 2.Historical Development of Modern International Law 3.The Source of International Law 4.The relationship between international law and municipal law 1. The Conception of International Law 1.1 The definition: 国际法 英文称为International Law，是近代用以指国家之间的法律的名称，现已成为国际通用的名称。国际法一词的词源，可以追溯至罗马法。它在西方文献中最初是以拉丁文jus gentium(万民法）的名称出现，后来又扩展为law of nations(万国法)。 近代国际法的奠基人 “For God has given conscience a judicial power to be the sovereign guide of human actions, by despising whose admonitions the mind is stupefied into brutal hardness. 英国哲学家和法学家 Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do as well as to determine what we shall do.? On the one hand, the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. 最早使用“万国公法”名称的美国传教士 According to Oppenheim’s international law: International law is the body of rules which are legally binding on states in their intercourse with each other. Gerhard von Glahn :International Law, may be defined as the body of rules and principles of action which are binding upon civilized states in their relations with one another. Traditional definition:International law used to be defined as the law that governs relations between states. Under the traditional definition, only states were subjects of international law; that is, only states were deemed to have rights and obligations that international law recognized. Modern definition: Contemporary international law, although sti