Research On The Effect Of Domestic Execution Of International Economic Treaties

The executive effect of international economic treaties (IETs) includes two aspects: One is the legal status of IETs in one country, the other is how to execute the rights and liabilities between the subjects of IETs in the country, i.e. how are IETs taken into force? Owing to the low development of international economic law (esp. IETs) in the traditional international law, the execution of IETs had to be subject to the theory of international public-law. While a great change has taken place in nowadays world's economy, which makes the trade relationship between the countries closer and closer, and IETs increased greatly. And the situation of executing IETs in different countries gets more complex, which, to some extent, riches and develops the theory of treaty law. Therefore, it has important theory and practice meaning on perfecting the legal system of domestic execution of IETs in our country to analyze the effect of its domestic execution.This thesis is divided into five parts.The first part is about the summary of IET. Firstly, it defines IET as "a written contract that was signed by related countries and international economic organizations to regulate behaviors, rights and liabilities in the international economic activities ". Meanwhile, its characteristics are summarized as following: IETs have become main sources of international economic law; IETs regulate not only the relationship between countries, but also between countries and privates (natural person and corporation), and between privates; the subjects adjusted by IETs comprise of the main objects in international economic law. Secondly, IETs are classified as following: 1. From the objects regulated by the treaties, IETs should be divided into public-law treaties and private-law treaties. That is because their public or private quality may influent greatly their domestic execution; 2. According to the standard whether one certain IET is generated from the inside of international economic organization, IETs may be classified into the treaty of international economic organization and the treaty of non-international-economic-organization. Because the inside structure of international economic organizations and their other factors will influent the intensity of domestic execution and the attitude of related parties. Without those factors, the treaties of non-international-economic -organization have less effect on domestic execution; 3. In accordance with the quality of treaty, IETs may be divided into legislative treaties and contractual treaties. The differences of their quality also affect their pattern of execution.The second part is about domestic execution of IETs and its theoretical basis. Firstly, on the basis of the general theory on domestic execution of international law, it analyzes the implication and scope of the concept----"domestic execution ", i.e. it includes three procedures: legislation, judicature and administration; it finds out that the legal basis of domestic execution lies in the principle ----"Pacta Sunt Servanda" of the theory of treaty law; it also elaborates the relation between international treaty and domestic law, and the patterns of domestic execution. By analyzing and comparing monism and dualism, it concludes that the relation of the two cannot be confined within the controversy of the two arguments, and we should grasp their whole nature on the basis of social realities. it also sums up the legal practice of every country in the world and get the conclusion that there are two patterns of domestic execution: direct execution and indirect execution. Furthermore, with the fact that under the situation of the integration of global economy and that of regional economy, the domestic execution of IETs becomes more complex, it analyzes profoundly three types of treaties: public-law treaty, private-law treaty, the treaty of international economic organization (led by WTO Agreements, the Law of European Community, APEC Manifestoes), and distinguishes the differences of domestic execution caused by their res...