Full-Text Search:
Home|Journal Papers|About CNKI|User Service|FAQ|Contact Us|中文
《Chinese Journal of Law》 2009-01
Add to Favorite Get Latest Update

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
Download(CAJ format) Download(PDF format)
CAJViewer7.0 supports all the CNKI file formats; AdobeReader only supports the PDF format.
Chinese Journal Full-text Database 2 Hits
1 WANG Xiumei;The Rise of International Constitutionalism Thought and the Constitutionalization Trend of International Law[J];Science of Law(Journal of Northwest University of Political Science and Law);2011-02
2 Lin Tai & Zhao Xueqing;Administrative Law in Global Governance:A study on international administrative law[J];Social Sciences in Nanjing;2011-03
Chinese Journal Full-text Database 10 Hits
1 GU Qing-zhi(Department of Economics and Management,Chuzhou College,Chuzhou 239000,China);An Analysis of the EC/EU as An Unified Big Market[J];Journal of Anhui Science and Technology University;2008-01
2 Zhu Xiaozhe;Metaphor in Natural Person[J];Peking University Law Review;2001-02
3 WANG Wei-lin(Law School of Jilin University ,Changchun 130011,China );Globalization of Law :Review on Its Concept[J];Journal of Beihua University;2004-02
4 LIU Jian (Law School Xiangtan University, Xiang tan 411105, China);On Economic Globalization and the Development of the Basic Principles of International Law[J];Journal of University of Science and Technology Beijing;2002-01
5 DONG Biao~1,LI Hua-feng~2(1.Law Department of Renmin University, Beijing 100872,China; 2.Politics Department of Binzhou University, Binzhou 256603,China);On Idea of Civil Law[J];Journal of Binzhou Teachers College;2005-01
6 YANG Lian (School of Law, Hunan Normal University, Changsha, Hunan 410081);The Constitutionalism Modes referring to the Relationship between the International Law and Domestic Law[J];Journal of Chongqing University of Post and Telecommunications(Social Sciences Edition);2003-04
7 LIU Wen (Southwest University of Finance and Economics,Chengdu 610074 China);On the choice of China's commercial Law Pattern[J];Journal of Chongqing Technology and Business University;2004-05
8 ZHANG Wei-bin(School of Law,Anhui University of Finance and Economics,Bengbu 233030,China);A Discussion on the Relation of International Law and National Law: Incorporating Customary International Law into the Constitution[J];Journal of Changshu Institute of Technology;2008-05
9 CHEN Bai-an~1,CHEN Bai-xin~2,XIE Ping~3(1.Wuzhong District People's Court of Suzhou City,Suzhou Jiangsu 215128;2.Jinshan District People's Procuratorate of Shanghai City,Shanghai 200540;3.Ninghai County People's Court of Zhejiang Province,Ninghai Zhejiang 315600);Suspect for Legality and Reasonable of Principle of Ruling out Illegal Testimony[J];Journal of Changsha Aeronautical Vocational and Technical College;2005-04
10 SUN He(Liaodong University,Dandong 118001,China);Fairness the Cultural Essence of International Law[J];;2006-03
China Proceedings of conference Full-text Database 6 Hits
1 Wen Shu-bin;Thought on the‘Legal Attribute’of International Law[A];[C];2006
2 ;国际和谐与国际法的“系统平衡论”——权力、利益与道德的范畴[A];[C];2008
3 ;公平原则及有关情况规则若干问题刍议[A];[C];2008
4 ;论国际法强制执行的必要性[A];[C];2008
5 ;Sixty Years of China and International Treaties[A];[C];2009
6 Liu Ji_Yong;On the International Law and the International Relationships[A];[C];2009
Chinese Journal Full-text Database 10 Hits
1 ;Symposium:E.-U.Petersmann and the Research of International Economic Law[J];Contemporary Legal Science;2004-04
2 PENG Chun-ning (Southwest University of Political Science and Law,Chongqing 400031 China);On the Origin of Methodology of Administrative Jurisprudence[J];Hebei Law Science;2005-04
3 LIU Zhen-ye(School of Political Science and Public Administration,China University of Political Science and Law,Beijing 102249,China);On International Multilateral Organizations and Non-government Organizations:Lack of Legitimacy and Compensation[J];Teaching and Research;2007-08
4 Gu Zuxue;The Diversification,Fragmentation and Ordering of Modern International Law[J];Chinese Journal of Law;2007-01
5 JIANG Shi-bo (Shandong University at Weihai, Weihai 264209, P. R. China,);On Independence of International Commercial Law in the International Legal System[J];Journal of Shandong University(Philosophy and Social Sciences);2004-04
6 Ye Jiang Tan Tan;On the Legitimacy of International Institutions and Its Limitations——Analysis of International Security and Human Rights Institutions[J];World Economics and Politics;2005-12
7 ;WTO与个人权利[J];Cass Journal of Foreign Law;2002-03
8 Rao Geping;On International Organizations in the Process of Globalizatio[J];Chinese Legal Science;2001-06
9 Zeng Lingliang;Trends towards Humanization in Contemporary International Law[J];Social Sciences in China;2007-01
10 ZHONG Fu-he(Law School of Xiamen University,Xiamen 361005,China);Constitutional Balance or Balance within a Multilateral Regime:A Dynamic Analysis of the WTO Based on the Relationship of Its Structure and Function[J];Modern Law Science;2009-04
©2006 Tsinghua Tongfang Knowledge Network Technology Co., Ltd.(Beijing)(TTKN) All rights reserved