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伴随着世界经济一体化,全球化的发展,国际法的作用日趋增强。国际条约作为国际法的主要渊源之一,是各国开展国际交往,进行国际合作的最普遍和常见的法律形式。近年来,随着我国对外...
伴随着世界经济一体化,全球化的发展,国际法的作用日趋增强。国际条约作为国际法的主要渊源之一,是各国开展国际交往,进行国际合作的最普遍和常见的法律形式。近年来,随着我国对外开放程度的不断加深,我国缔结和参加的各类双边和多边条约已达3000多个,这就要求我国建立一套完善的条约国内适用制度。但是,反观我国实际,我国关于条约适用的立法和实践却没有跟上时代步伐,存在很多不足,这显然不利于我国的国际形象。因此,对这一问题进行研究,显得十分重要和迫切。本文拟借鉴国外关于条约适用的先进经验,并结合我国的国情和立法实践现状,总结出一套新的条约适用制度,即以“纳入”方式做外壳,以“转化”方式为内核的条约内国适用制度。
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The effect being accompanying world economy integration , globalization development , international law strengthens day by day. International treaty is one of main international law origin , is the form carrying out international exchange in every country , carrying out common and common cooperation among nations law.
In recent years, the degree ceaselessness is deepened by with our country opening policy , the doubling piece and multilateral pact of all kinds establishing our country and participating in already amount to more than 3,000 , this requires that our country builds system of a set of perfect treaty in the homeland suitable for use right away.But, look back at our country reality , our country about treaty legislation sum suitable for use practice does not keep abreast with times step but, existence many deficiency , this international of apparent Bu Li Yu our country images.Therefore, be in progress studying , appear very important and urgent to this one problem. And advanced experience the main body of a book is drawn up drawing abroad about treaty is suitable for use, be tied in wedlock national conditions of our country and legislation practice current situation, sum up out a set of new treaty system suitable for use , be that the country applies to system with the treaty inner "being brought into way" being used for an outer covering , taking "changing" way as core.
In recent years, the degree ceaselessness is deepened by with our country opening policy , the doubling piece and multilateral pact of all kinds establishing our country and participating in already amount to more than 3,000 , this requires that our country builds system of a set of perfect treaty in the homeland suitable for use right away.But, look back at our country reality , our country about treaty legislation sum suitable for use practice does not keep abreast with times step but, existence many deficiency , this international of apparent Bu Li Yu our country images.Therefore, be in progress studying , appear very important and urgent to this one problem. And advanced experience the main body of a book is drawn up drawing abroad about treaty is suitable for use, be tied in wedlock national conditions of our country and legislation practice current situation, sum up out a set of new treaty system suitable for use , be that the country applies to system with the treaty inner "being brought into way" being used for an outer covering , taking "changing" way as core.
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