国际法精品教学（邵沙平）Public International Law（1）.pptVIP

Public International Law国际法 国际法的定义 与国内法相比，国际法的基本特征主要表现在： 第一， 国际社会是国际法产生、形成和发展的基础。 第二， 国际法所调整的对象是国际关系。 第三， 国际法是对国际社会所有成员具有法律约束力的各种原则、规则和制度的总称。 综上所述，我们可以给国际法作出如下定义：国际法是关于国家和其他国际社会成员在国际社会中的权利、义务和责任的法律规范，是对国家和其他国际法主体在国际关系中具有法律约束力的各种原则、规则和制度的总称。 a body of rules, which regulate the behaviour of states and other entities in their relations with each other, at any given time Historical Development Throughout history, rules have existed to govern the conduct of international relations. But the modern system of international law is usually traced back to the Peace of Westphalia 1648,which heralded the beginning of the nation State system. One of the best known of legal theorists: Hugo Grotius, whose main work: De Jure Belli ac Pacis (1625) The main body of international law is to be found in agreement entered into by States(treaties) and in the practice of States (custom) Is international law really law Those adopting a positivist theory of law(John Austin, HLA Hart),have questioned whether international law can be regarded as law. The question has received less debate in recent times and most theorists now point to the fact that it is sufficient that States, as principal subjects of international law, themselves recognise a system of legal rules, which they refer to as international law. The enforcement of international law International law is enforced through the United Nations and the International Court of Justice. The role of self-help, either through diplomatic means or the use of armed force in self-defence, should not be underestimated. THE SOURCES OF INTERNATIONAL LAW The term “sources of law”:what the law is and where it can be found.(material sources) The source is from where the authority of a legal system originates.(formal sources) Some writer, like Brownlie argues that formal sources do not exist in international law. Article 38 of Statute of the Court?|?International Court of Justice Article 38 1. The Court, whose function is to decide in accordance