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《Chinese Journal of Law》 2009-01
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Influence of Public Law on International Law

Cai Congyan  
It is very clear that, private law has great impact on the emergence and development of international law. The reason is that, international law regulates the relationship among sovereign states, and sovereign rights equality is the fundamental principle of international law. Thus pri- vate law, derived from Rome, which also emphasizes the equality among private persons, was quickly introduced into the construction of new order of international relationship in modern time. Private law is the earliest source of the theories and systems of international law, and has facilitated the prosperity of international law. However, along with the further development of international relationship, the more and more frequency and complex of international intercourse, and the more and more important positions of international organizations and private persons in international relationship, some kind of ranked and centralized mechanism should be established to adapt to the new reality of international relationship. So it is also necessary to learn from the theories and doctrines of public law. This paper suggests that, there are already some indications of the influence of public law on international law. As far as theories are concerned, constitutionalism in international law has been widely discussed, and global administrative law has spring up. In practice, the element of constitutionalism emerges more and more frequently in determinations of international organizations and rulings and judgments of international court and other agencies to settle international disputes. But such practices are limited. There exist some hindrances for international law to learn from public law, such as the sovereign rights equality principle, democracy in the international society, and so on. These hindrancesshould be paid attention to. The movement that public law has more and more influence on international law has great significance to Chinese theories and practices of international law.
【Fund】: 国家社会科学基金项目“国际法上的类比——国际法理论与实践的方法论研究”(项目批准号:08CFX052)的研究成果
【CateGory Index】: D99
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