On the basis of the effectiveness of international law

[Abstract]

"Effectiveness of international Law under the" (the basis of international Law) is a term in international Law, that is why the state of international Law and other subjects of international Law binding. It is a basic theoretical issues of international law to resolve it Another closely related problem of the basic theory of international law, namely, whether international law is the law, whether legally binding international law? of the international community that "no government" status, and world resources are limited, making it possible conflicts between countries . But on the other hand, as countries have common interests and the unilateral pursuit of national interests by other countries will stop (the international situation, therefore, international cooperation has become the realistic choice of each country. In order to regulate the international community of actors behavior, international law, the law's requirements and regulations, at the same time as the international community is now global actors more and more contacts and exchanges between the close, the international community in terms of content, content level, have been a huge leap the rapid development of the world, there's a new series of global problems such that "the effectiveness of international law based on" Reflections on the existence and strength of the more profound.

[Keywords]: the effectiveness of coercive power based on the common will of

[Text]

First, the concept of international law, international relations and the generation of international law as arising from the formation and development. The concept of general international law is among the countries of the "law", the international community on the existence of the state generated by the premise of international law in the international community between actors in a wide range of contacts and relations between the content of deep, in order to adjust these relations, the international community actors only in the practice of communication with "the common will of the basis of negotiation for the way" had a series of adjustments in these relationships binding principles, rules and systems.

A greater extent international law is based on the international community, and the international community and the general community we call the biggest difference is that "country" as fundamental by the international community, the main and most important contacts. In addition to state this essential for the main elements, the "international", that is, interaction between countries is also to promote the formation of the international community as an indispensable element. It can be seen, the emergence of international law must satisfy two conditions: (a number of countries exist, (2 of these countries to interact and collaborate to form a variety of international relations. in short, must have a country, there are international.

The concept of international law which we have recognized: international law is to adjust and standardize the mutual behavior of international actors. Acts of international actors is rooted in the world between the limited resources and maximize the interests of the pursuit of the contradiction between the words interaction between international actors act is to achieve the global optimization of resource allocation choice, because as science and technology and the increase of social wealth, a "country" or geographic area restrictions makes the human had to seek a broader space to develop their own strength, in the process of "national interest" displays a strong sense of control, self-interest of every country to fight for the protection and make a knot in the international social conflicts, wars and other violent and unjust, "State and communication methods of the country, "the end result of the intensification of conflict commenced, brought serious damage not only the wealth of society is to bring more serious non-renewal of the international community, the international community continued to make no contacts between international actors the lack of peace and stable environment, even "State Zi Wei." such as the 20th century, two world wars made of human blood and tears of humanity from understanding the importance of the international community continued to recognize the important role of international law. International justice , and a series of principles and norms of equality in the development of human rationality which have been strengthened, gradually universal acceptance.

Second, the effectiveness of international law, the validity under international law is based on legally binding international law or a legally binding basis, that is, on what basis of international law binding on the international behavior of the main effect. According to the above, the formation of international law, national agreement to jointly agree results, whether by treaty or other agreements or customary performance of the state will coordinate, it can be said of the state's consent. Here I compare domestic law and international law to test the effectiveness of international law, the basis of this analysis based on national is the most important components of the international community, based on the effectiveness of domestic law has never been questioned, and "law" in the national law system and common law system: forced, as well as international and domestic law are legally binding.

(The basis of a force of domestic law

1. Concept of Law appeared for the law in accordance with the general production and the traditional theory can be understood as: law is the essence of the dominant forces are relying on public coercive power rose to the will of their own must, be defined as "by the state or recognition reflects the will of the ruling class in order to ensure the implementation of the national mandatory rules of conduct (norms) of the total. "However, with the commodity economy has received worldwide recognition and acceptance of goods brought about economic prosperity for their own economic human interests (vested, for enriching the consciousness, an effective weapon to safeguard their own interests - legal, so in the modern definition of the law should focus on areas of law in the social role played by, the social. This definition and the traditional The definition of law and progress is the biggest difference: the former reflects the will of the social groups were added.

"Law", now in the world is still mainly relying on the state arising from the development and approval, and the "State" to safeguard the implementation of the execution of social management is still the center of state administration, law, social state administrative law enforcement still authority as a carrier and thus "national will" and "mandatory" is still the main features of the law.

2. The characteristics of domestic law
(1. Act by a public authority (national development or approval, the law has produced national will of the development of human society to a certain stage of the inevitable product of law is not never been there, nor is there ever. Act as a first objective reality exists in human society, but also reflect the human way of the objective world and phenomena. method developed by a public authority or approval, the development of human society since the State is the center of public power, so the law is enacted or approved by the State. State legislation is the power to make laws of the state organs to develop normative documents that law. to modern country, which includes the highest national authority or the legislature to make laws or significant motion, the highest administrative organ to develop administrative regulations. countries authorized under the law refers to the country legally need to give some effect on the habits to become law.

The introduction and development from a legal perspective, laws are enacted or approved by the State, with the will of the State. Developed or approved law is the law created two ways, is different from other social norms of the law an important symbol. Law or approved by the state that it is the name of the state to regulate people's behavior and requirements, reflecting the national will. while the law of the state will show the will of the ruling class it with the performance of social norms, such as ethics, religious norms, and so the difference, after who do not have the national will of the property.

(2. Mandatory and the application of safeguards, "mandatory" refers to the suppression of the power or force. In general, any social norms all have a certain degree of binding, but their nature, scope and methods are not the same as Political organizations or social groups, the rules and Articles of association by the organization to ensure the implementation of the discipline, ethics is public opinion, people's heArts of faith and the power of education to maintain, in violation of moral condemnation by public opinion generally. law as special social norms, and general social norms of the most essential difference is: the law of the state will, in turn caused by the binding effect of the strength (effect of the difference.

Will of the state law determines the law must ensure the implementation of coercive power by the state, embodied in law the state will have a high degree of uniformity, strong authority, the public nature of some of the properties. Mandatory performance in domestic law enforcement through the State authority enforcement activities for violations of sanctions or force to fulfill their statutory obligations. This force is not only applicable to the minority or the individual cases, but within the scope of their universally binding force, stressed that no person shall violate the regime and the state , army, police force and prison and a series of countries contains the line agencies (state machine implementation activities for the protection and backing.

(B status based on the effectiveness of international law

International law is a special system of law is the country in international exchanges should abide by a code of conduct. There is a view that international law is not law, but the abstract laws of nature, is international morality or international comity, is a moral force. In fact, international law as the law has been recognized by countries in the world and universal adherence to, in violation of international law, only a few exceptions, and to bear legal responsibility, subject to legal sanctions, international law does not exist because there are violations of the legal nature of the loss. Of course, compared to international and domestic law, has its own characteristics, which determine the specificity of the adjustment of the object of international law, legal origin, etc. are different from the domestic law of the important features.

1. Subject of international law is primarily a national subject of international law, is independent pArticipation in international legal relations of the capabilities in international law directly to the enjoyment of rights or obligations of the pArties or personality, its scope includes sovereign states, international organizations and fighting for an independent nation . sovereign state in international relations because of its dominant position and leading role (or because of the nature of international law and the country has a special Political and legal attributes and become the main subject of international law.

(1. By the features of international relations and international law in international relations which determine the existence and development. As the name implies, is the international relations between countries, although the basic structure of modern international relations, the international relations in terms of both scope and content got a huge development, but the exchanges between countries are still the main contents of international relations and the basic form, left the country's pArticipation and interaction, can not form the international legal relations and development.

(2. Characteristics of the decision by the country's own sovereign state of profound attributes, external performance for the independence, equal rights, not subject to the jurisdiction of other entities and constraints, to work with other entities in all areas of international relations in various forms of exchanges, with comprehensive skills. From a legal perspective, the state has to bear not only the rights and obligations under international law the qualifications, but also to all forms of their behavior such rights and obligations of the capacity to determine that it is the most basic international law subject.

(3. The content of the decision by the international law despite the increase in the adjustment of modern international law of international organizations and national liberation organization's norms, but the overall point of view, whether from the traditional sectors of international law, or from the development of new areas of international law, countries are still mainly adjustment relations and the normative acts of state constraints, the other main system is only a supplement, as viewed from the norm, the signing of the treaty law-making were mainly national, the formation of customary international law but also between countries mainly rely on repeated practice.

Then the longitudinal development from the international community to see, in the course of development of the international community did not form a fully sovereign state above the top of the entity, the international norms of social behavior and the behavior of the constraints is completely autonomous from the main body of the legal relationship between overall self- creating legal, of course, the process of self-coordination of the interests of the different needs of each body together, and the development of international law and the driving force for innovation, in other words, national independence, sovereignty, equality of the absolute property of the domestic law as international law is not made as an effective law enforcement in the context of a legitimate subject of Political power and authority to create.

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2. International law, in consultation with the will of the history of the development of international law, natural law that the force of international law is based on "human conscience", "human reason" and the legal consciousness of the nation's "commonality." Law school is the idea that each will of the country or countries of the "common will" determine the effectiveness of international law. international law is to adjust the relationship between national law binding on the state, and national consultations to develop international law is, therefore, the effectiveness of international law is among the countries under agreement, or agreement between the will of States. the international community to the international agreement between the major international treaties and international customary performance reflects the will of the international law.

The so-called international practice is to conduct international exchanges in the unwritten rules and tacit agreements between countries, repeated similar acts of States that are considered legally binding results. International law, that is, the original form of the so-called customary international law, its sources of law are used by the international composition, and thus can be said that international customary international law of the oldest and most primitive origins. international treaties between subjects of international law is made in accordance with international law and the rights and obligations of the contents of the written agreement, is the most important legal sources of modern international law . Throughout the ages, can become sources of international law of treaties, usually refers to the participation of most countries with universal applicability of the law-making treaties, that the creation of new, universally recognized norms of international law or to modify, change the original specifications of the treaty. contractual the treaty can not constitute sources of international law. Of course, the agreement between the state will not mean an agreement between the national free will, international law is to adapt to the needs arising from international exchanges, international economic development determines the development of international law, therefore, the State The agreement between the will to adapt to a certain historical period is the level of development of productive forces agreement between the national will.

Is the subject of international law by the international community to form and develop an equal footing, in international law, "equality" is the foundation and core of all communication. So will of the state of international law reflects the will of the consultation, with the relative, rather than with the domestic law is embodied in the absolute will of the state, which is why the coercive power of international law and international legal obligations of accountability that is implemented on an equal basis, the performance of the group or through international organizations to take measures, and to some extent, international law, a state-based international law enforcement In the application of domestic law.

3. Coercive power of international law based on individual countries, collectively or through international organizations to take measures for the protection of the basic feature of the law is the law on its subjects have a mandatory binding, any one of the main violation of the law, must bear the legal responsibility, and even punished by law. the state as the basic subject of international law, according to this theory, then adjust the behavior of international law, mainly state behavior, there is no coercive power to ensure national or international law, international misconduct arising out of acts not prohibited damage, once the state's misconduct caused the damage, then the international responsibility to bear. The so-called international law is the subject of international law the responsibility (mainly through their improper conduct national or international law acts not prohibited by the damage shall be borne by the responsibility.

Internationally wrongful acts are subjects of international law by the breach of international obligations. According to the United Nations International Law Commission drafted <"International liability provisions" Draft>, the act must have a subjective and objective elements, the international legal responsibility can be established. Internationally wrongful acts of subjective requirement is attributed to the State, is an inappropriate behavior can be attributed to the country become a national act, the act or acts of state in international law. the international legal responsibility of the objective element refers to the violation of international obligations, that is, the behavior is breach of its obligations under international law the burden of behavior.

The liability of and the principles of international law, norms of maintenance and protection of individual countries, mainly in a collective, or through international organizations to take measures for the protection of an international organization to perform or implement the necessary sanctions, such as protests, warnings, recalls abroad Shijie, suspension, or severance of diplomatic relations, economic blockade, armed self-defense, etc., so that relevant countries to stop violations, in order to achieve the purpose of ensuring the implementation of international law. when someone breaches of international law, Mouge or several countries or even may be the whole international community would be subjected to unlawful infringement, then the entire international community needs to unite to stop the fight against violations of international law be upheld and implemented, so that offenders return to the stand of international law. the international arena despite the International Court, but it is not mandatory jurisdiction right (to the parties to the premise of voluntary, not mandatory, so the implementation of international law, consciously abide by countries in addition, the main power by the state itself. domestic law by the state under the authority of the judiciary, law enforcement agencies and other administrative China's armed forces to ensure compliance and enforcement, because every country is a sovereign equal members of the international community in their countries agreed on no one beyond the top legislature, in other words that is, international law enforcement is relying on the state itself action. For example in 1979 China's more self-defense counterattack war in 1991, the multinational force under Security Council Resolution 678 against Iraq's military actions, the State, individually and through international organizations collectively take measures to ensure international law to implement the example of international law is legally coercive power of fully realized.

Third, the effectiveness of contemporary international law based on the development trend of modern international society, although currently there are as peremptory norms of international law, but in some parts of the world of international disputes and conflicts are still prevalent, big power politics, unilateralism and so unscrupulously, the international order and direction is not in accordance with international law, international treaties and even some blank paper into a talk, so no order for the international community, international law and the effectiveness of the mandatory basis of need further to strengthen and forward. Throughout the development trend of modern international law, international law force the legal system has begun to emerge and get a good development, the establishment of the International Criminal Court and the activities within the international community to human beings saw the force of international law according to the dawn.

(A. The concept of jus cogens of international law called international force, is a series of legally binding international law principles and norms of the special general, these principles and norms by the members of the international community as a whole through treaty or custom, express or implied, show the way to accept and recognize as having absolutely mandatory, and the forced nature of non-equivalent shall not change the rules of international law, any treaty or behavior (including acts and omissions, such as in conflict with them, completely ineffective.

1969 United Nations <<Vienna Convention on the Law of Treaties>> force in international law issues, the first major step taken, it is the world's first law of international force to make certain provisions of the international legal documents. 53 of the Convention force of international law shall provide for: "the conclusion of the treaty in force with the general rules of international law in conflict is not valid. to apply the Convention, the general rule that countries enforce international law, the international community accepted and recognized of all damaged and are not allowed to have the same properties after of general international law may only change the law. "�� ���� <<Law of Treaties>> Article 53 applies to the treaty for the international force and wears an existing conflict situations invalid, and Article 64 of the Convention is applicable in the following situations: after the conclusion of the treaty, as generated with the new jus cogens norms of international conflict, making the treaty becomes void and terminates. the specific details are as follows: "If a new peremptory norm of general international law emerges, any existing treaty and the law conflict with that norm becomes void and terminates. "�� ����
These two terms are <<the Convention on the Law of Treaties>> to the international force made law the main provisions of the parties concerned, this initiative will be the development of contemporary international law, far-reaching impact. In "<Convention on the Law of Treaties>> in the international force Law to clearly define the problem, this is a new development of international law that countries around the world have come to realize that they have some common interests and social objectives of this unavoidable reality, but also reflects the interaction of members of the international community is increasingly the institutionalization and legalization, any subject of international law can not be arbitrarily trampled on for their own selfish interests for the people of the world norms of international law.

(II. International Criminal Court

International Criminal Court (International Criminal Court - ICC) is based on the United Nations Diplomatic Conference of Plenipotentiaries in 1998 by the <"International Criminal Court>" (also known as <<Rome Statute of the>> requirement, in July 1, 2002 official established. According to <<Rome Statute of the>> International Criminal Court and the State Council approved the transfer of cases to review, the International Criminal Court and the existing international judicial organizations, the existence of other courts have a certain period, the International Criminal Court a permanent international judicial body, the International Criminal Court, indicates that the establishment and development of the seeds of the international enforcement system.

1. The United Nations Charter embodies the spirit of the purpose of establishing the International Criminal Court and the <<Charter>> embodied justice, peace and spirit of the same strain, through the punishment of serious international crime, highlighted the human society as a whole. <<Rome Statute of the>> same reiterated <<Charter>> purposes and, specifically, that all States shall refrain from the threat or use of force, or with the United Nations in any other manner inconsistent with the purposes, of any State's territorial integrity or Political independence. and emphasized the genocide crimes, crimes against humanity and war crimes and the seriousness of world peace, security and well-being of the threat, stated concern for the entire international community, the most serious crimes must not go no punishment for the effective punishment of offenders, must be country- level to take measures and to strengthen international cooperation.

2. The international extension of the rule of law in the course of human history, the history of World War I and World War II shows the imperfect system of international law, does not sound side. Dependent on the rule of law internationally recognized principles of law as a weapon to solve the International conflict of interest, and to punish, deter serious international crime and maintain justice and peace in human history has become an inevitable choice. Rome Statute of the>> trial and appeal courts under common law and civil law procedure is the mixed mode, while most countries to comply with the international community recognized the rule of law: the legality, the presumption of innocence and the principles of non bis in idem.

3. Punishing crime already (real probability, precautionary crime (which should be contingent nature of the trial for international crimes is neither the beginning of the development of international criminal law, nor is it the end of the development of international criminal law. The international community to punish crime and crime prevention should be natural and real However, model, does not only depend on the amount of parties, but rather with the Guiding itself ought to deterrence, and whether the actual parties to fulfill their obligations. from a sense of international criminal law, establishing the International Criminal Court's main goal is to effectively international law, punishment, deterrence, international crime, and ought to be the role of a sudden.

Conclusion

It now appears that the final decision to the effect of international law, according to a resistance to the entire international community to jointly agreed to by the external force to enforce those rules of conduct for the international community. For there is consent of the international community to force the international community to force actors to exercise of international law rules and regulations, must first have a long-term predictability and common understanding, of course, achieve the same understanding is very difficult and not easy, but it is not possible with the operation. Although the international community, "anarchy" so contradictory and struggle to become a reality, but as the tide of globalization, and so international co-operative actors on the international community to pursue the best interests of the trend makes the cooperation of the international actors is inevitable.

I think the common external forces come from two areas, first, the common interest. Globalization of the international division of labor and cooperation and the limited global resources and maximize the interests of the requirements of the contradictions which make the cooperation of choice for international actors. Now a national or international actors is not only an act of isolated acts of their own, with the actors on the international community, the more close contacts, a complex and extensive network of relationships have been or are being formed, no one involved in this network The actors will be an act connected to the main body of the other impact, whether that impact is good or bad. global division of labor is bound to create enormous social wealth and enhance the strength of the main body of each of the international community and seek more extensive common interests. for their own pros and cons of the interests of any one of the main actors had to warn the other to make any behavior to the means conducive to influence behavior to create a strong force opponents to implement security. followed by the mankind is facing or will face global social crisis, the actors in the international community for its survival and to continue to take measures to stop the development (such as to prevent the spread of AIDS around the world to develop the spread of the crisis. driven by common interest and common danger, the international community is pressing for the formation of a strong the basis of the international community, the common, but the process far less time and space processes.

References
<<Law>> Wangxian Shu Liu Shan, deputy editor in chief editor in October 2003 Publishing House of China University of Political Science
<<Law>> Tie Ya editor Wang Renjie revision 1992, Taipei, Taiwan Sage Publishing
<<Wuhan University International Law Review>> Wuhan University International Law Research Group with Wuhan University Press, 2007
<<International law concept and operation of>> consultants edited by Miriam Shanghai People's Publishing House, 2005
<<Legal Studies>> Si-Yuan Liu editor in January 2004 the People's Court Press

�� ���� Tianru Xuan Wang Tieya Code <<International Data Selected>> Law Press, second edition in June 1986 ---- 600 759�� ���� Ibid, p. 763

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