What Can International Relations Learn from International Law?

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And public policy, Temple University Beesley Law School of Law. ** Professor of Political Science at Temple University and Chairman of Jean Monnet

This paper believes international relations theory can make a permanent contribution to international law regardless of the trend of the times. The three major schools of international relations theory - realism, institutionism, and liberalism - all clarify the assumptions that support different views of international law, all of which affect the effectiveness of certain international rules It is. The relevance of international relations theory does not depend on the opinion of international relations theorists concerning international law. It is derived from the facts studied by international lawyers and international relations scholars, so it is necessary to conceptualize the same phenomenon, the action of the protagonist in the international system. They ask various questions and ask for various answers to the system. However, at some point their understanding of what they have observed must overlap.

International law is a set of rules that are generally accepted, accepted, and binding national and interstate relations. It is a framework to achieve a stable organizational international relationship. The difference between international law and country-based legal system is that it applies mainly to the country, not individuals. If the Convention delegates domestic jurisdiction to a super-state court such as European Human Rights Court or International Criminal Court, the domestic law may become international law. Conventions such as the Geneva Convention may require that domestic law comply with each part.

Private international law, also known as "legal dispute", consists of rules governing relations between private organizations, which domestic laws and / or courts can use "international" elements to determine the problem I will decide. For example, if a Chinese company wishes to sign a contract with the United States, if that contract is broken, private private law will regulate applicable law. The relationship between domestic law and international law at the procedural level may be complicated, particularly when domestic courts directly apply international law. It is important to remember that domestic law can not be used as a reason for not complying with international law.