What Are Different Types of International Law Jobs?

International law refers to the collection of rules of law applicable between sovereign states and other entities with international personality.

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International law means application

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Summarized into 7 basic principles:

International law is mainly formed by states in their interactions, and it is the overall set of legally binding principles, rules, and regulations that regulates relations between states.

International law is a special system of law.

Because of this, it has the commonalities of all laws of class, normative and compulsory.

Relationship between international law and domestic law:

The first is that international law and domestic law belong to the same legal system. This is a monistic view.

One group holds that international law is subordinate to domestic law, that is, domestic law gives priority to:

According to its scope of application, international law is divided into general international law and special international law. General international law is international law binding on all countries, and special international law is international law binding on two or a few countries. Geographically, there are universal international law and regional international law. Universal international law is international law that is binding on countries around the world, and regional international law is international law that is binding only on countries in a certain region, such as "American International Law "," Latin American International Law. " These are manifestations of the diversity and complexity of relations between countries. However, in essence, only general and universal international law is commonly referred to as international law, and so-called special international law or regional international law must be subject to general and universal international law.

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The authoritative discourse on the origins of international law is found in "

international law

Since the end of the 19th century, dualism

With the contacts between countries, it is possible to produce principles, rules and systems that are binding on some countries. In this sense, the ancient world already had international law.

Impact of third world countries

A major feature of international relations after the Second World War was the rise of newly independent states. There are more than 90 countries that became independent after the war. In addition to the Asian, African, and Latin American countries that were independent before the war, the population accounted for more than 70% of the world's population and 58% of the land area. These get rid of

Ancient international law

During the Spring and Autumn Period and the Warring States Period, various "countries" exchanged envoys, entered into alliances, concluded treaties, convened meetings, and conducted dispute resolution activities such as good offices, mediation, and arbitration. There are also some rules about war, but the so-called "nation" at that time was not a country of modern significance. Therefore, some of the rules at that time could not be called international law. Until Qin unified China, for two thousand years, China was basically a unified country. The surrounding tribes and nations have become "fans" of the "Tian Dynasty" and are actually or nominally protected by China. They are not on an equal footing with China. Under such conditions, there is no international law at all. .

However, in a long history, China has also had diplomatic ties or established business relations with distant foreign countries. Zheng He of the Ming Dynasty sailed the South Ocean seven times, reaching as far as Africa. Foreign countries have also sent envoys to China. After the rise of European capitalism in the 16th century, more exchanges took place. However, this relationship between China and foreign countries is intermittent and scattered. On the Chinese side, the empire of the Chinese Empire has not wavered, sometimes adopting a solemn attitude that overrides all other nations, sometimes adopting a closed-door policy and refusing to communicate with others. Under such circumstances, it is difficult to establish principles, rules and institutions of international law between China and foreign countries.

Introduction of International Law to China

The introduction of Western international law to China is a matter since the mid-19th century. Previously, around 1648, an Italian priest, Wei Kuang Guo (M. Martini, 1614-1661), translated a part of the works of international law pioneer Spanish jurist F. Suarez (1548-1617) into Chinese. The Portuguese Jesuit missionary Xu Risheng (1645 ~ 1703), who served as an interpreter for the Chinese delegation in the negotiations between China and Russia s Nibuchu Treaty in 1689, mentioned international law many times in his diary, and it seemed that international law was also noted in the negotiations at the time On treaty rules. However, whether the Chinese emperor and senior officials at that time had read the books on international law translated into Chinese, or whether they learned some aspects of international law through Jesuit missionaries, has not been tested so far. In any case, no one in China has mentioned international law in the more than 150 years since the Opium War in the mid-19th century.

Prior to the Opium War, when Commissioner Lin Zexu went to Guangzhou to investigate opium, he had been asked to collect materials extensively to understand the foreign situation, and to call the Swiss 'E. de Vättel (1714 ~ 1767)' s Law of the Nations Several passages of the book on war and the treatment of foreigners are translated into Chinese and are called "Laws of Various Countries." Lin Zexu did refer to these translations to deal with the British: he declared opium a contraband and demanded it be burned; then he wrote to the Queen of Books and asked to stop the opium trade; finally, he took force and strictly prohibited smoking. Especially from Lin Zexu's book to Queen Zhiying, it can be seen that Vettel is quoted indirectly. But the translation is only a fragment, and the impact is only temporary.

The comprehensive introduction of modern international law to China began with the translation of the book "Principles of International Law" by H. Wheaton (1785 ~ 1848), an American international law scholar, into the Chinese language. . Wheaton's book at the time was a well-known book on international law in the diplomatic circles of various countries. In order to urge the Qing government to send diplomatic envoys abroad, Hurd (1835-1911), an Englishman who was an important post at the Chinese customs at that time, translated the chapters on envoys in this book into Chinese for the reference of the Prime Minister. In 1864, with the support of the United States Ambassador to China Pu Anchen (1820 ~ 1870), Ding Yiliang, as the general instructor of the Tongwenguan, translated all of this book into Chinese and named it "Public Law of the Nations." This was the first international law work translated into Chinese, and since then, several Western international law works have been translated into Chinese. International law has had some impact on China's foreign relations.

When Wheaton's Principles of International Law was translated into Chinese, in 1864, during the Putan war, a Prussian warship captured a Danish ship in the Bohai Bay. The Prime Minister Yaman protested to Prussia based on the principle of sovereignty over territorial waters under international law and was released from the ship. Officials of the Qing Dynasty felt that international law was still useful, and they accidentally referred to it in handling "foreign affairs." At that time, some people believed that if China acted in accordance with international law, it could avoid the scourge of foreign countries. This is naturally an illusion. Some people also believe that international law is a foreign "system", but it is "false reasoning" and is not justified. Not good for weak countries.

As for the introduction of international law to China, Western capitalist countries are basically negative. Some people even suggested that if China understands international law, it will create endless troubles for European powers. In fact, western capitalist and imperialist countries have never handled their relations with China in accordance with international law. They have never regarded China as a country of sovereign equality, but regarded China as an "uncivilized" country, which is outside the scope of application of international law.

After the Opium War of International Law

From the Opium War in 1840 to the 109 years of the founding of the People's Republic of China in 1949, China suffered from oppression and aggression by imperialists and became a semi-colonial colony. Western countries have always ignored international law in their relations with China and rely on naked force. They invaded territories in China, seized leases, established concessions, and divided their spheres of influence; they stationed the military; deprived China of autonomy in tariffs and seized various economic privileges; established a system of consular jurisdiction; controlled railways, post and telecommunications, and so on. They are forced to conclude unequal treaties and seize imperialist privileges; these unequal treaties and imperialist privileges are completely illegal in international law. For more than 100 years, the Chinese people have been fighting tirelessly for insisting on the abolition of unequal treaties and the abolition of imperialist privileges.

The founding of the People's Republic of China and its contribution

In 1949, the People's Republic of China was established and all unequal treaties were abolished. The Chinese people's struggle against imperialism achieved great victory. China has entered the international arena with the status of a sovereign, independent and equal country and has become an equal member of the international community. It has always advocated normal exchanges with any country on the basis of equality, mutual benefit and mutual respect for territorial sovereignty. This has created good conditions for the application of international law. The actual situation of more than 30 years shows that China recognizes the principles and rules of international law that are recognized by all countries in line with the basic principles of modern international law, and adopts the international rules and regulations generally adopted by various countries. The former is the purpose and principles of the UN Charter and the latter is Consulate system. As for the principles, rules, and systems that serve the interests of imperialism and colonialism in international law, China has always adhered to opposition, for example, against aggression based on the principle of interference, abolition of unequal treaties, and territorial annexation systems. At the same time, China has continuously contributed to the development of international law in its foreign relations. New practices have been introduced in the recognition of states and governments, nationality, treaties, envoy rights, peaceful settlement of disputes, etc., and reform and complement international law.

As a developing country in the Third World, China will work together with all Third World countries and all peace-loving countries to continue to promote the development of modern international law in a healthy and correct direction.

Codification of international law

The "codification" mentioned here refers to the "codification of the code", that is, the codification of existing laws into a code. The meaning of codification of international law has two aspects: codifying existing international law principles, rules, and systems into a code, and systematically decentralizing international law; codifying and revising all international law principles, rules, and systems in accordance with the form of a code Into a statute and promote its development. There are two forms of codification of international law: comprehensive codification of international law, which aims to codify the entire international law into a comprehensive and complete code; and individual codification of international law, which aims to systematically codify the principles, rules, and systems of each branch of international law, becoming The specialized codes of various departments are the main form of codification of modern international law. There are two types of codifiers of international law: the first is unofficial codification, that is, the drafting and publishing of international legal codes or draft international conventions by individual jurists and unofficial academic groups, without legal binding; the official codification, that is, the International intergovernmental organizations have come forward to codify in the form of conventions between countries, and are legally binding, so its significance in the history of international law development is even more important. The Federation attaches great importance to the codification of international law. This is reflected in the Charter of the United Nations. Article 13 of the Charter states that one of the functions of the UN General Assembly is to "initiate research and make recommendations to promote the progressive development and codification of international law."

Basic principles of international law

The basic principles of international law refer to the principles of international law that are recognized by all countries, have universal significance, are applicable to all the scope of international law, form the basis and core of international law, and have the nature of jus cogens. The basic principles of international law have four characteristics:

(1) Recognized by members of the international community and having the highest authority;

(2) It is universally binding, that is, all countries and other subjects of international law are bound by basic principles;

(C) all areas to which international law applies;

(4) Form the basis of international law. All existing and new norms of international law should conform to the spirit of the basic principles of international law and must not be violated, or they will not be effective. The nature of basic principles: it is the supreme principle of international law, and it is a part of jus cogens in international law. The most famous and influential systems of basic principles of international law are the following two.

First: The UN General Assembly unanimously adopted the Declaration of Principles of International Law in 1970, announcing seven basic principles:

1. Prohibition of the illegal use of threats or force, 2. Peaceful settlement of international disputes, 3. Non-interference in internal affairs, 4. State cooperation, 5. Equality of peoples and the right to self-determination, 6. Equality of sovereignty of nations, 7. Fulfilment by the Charter Obligations.

Second: Five Principles of Peaceful Coexistence:

1. Mutual respect for sovereignty and territorial integrity, 2. Non-aggression against each other, 3. Non-interference in each other's internal affairs, 4. Equality and mutual benefit, and 5. Peaceful coexistence. From the perspective of the origin of international law, these five principles have been accepted by most countries in the world.