Thinking Of The Necessity Of International Law In Modern International Relations And Its Plight

After the disintegration of the Soviet Union and the end of Cold War situation competing for hegemony between the U. S. A and the Soviet Union,The world is still not peace and tranquility. One hand, as a unique superpower, the U.S. A relies on its mighty strengths to enlarge its development space continuously . On the other hand, the national contradictions and the religion conflicts being covered by the structure of two-poles turn worse continuously, the region peace was suffered from the threat. Particularly, after the "11.9" event, the development and spread of the terrorism broke the stable international order. The terrorism makes international law suffer the rigorous challenges when it harmonizes modem international relations. How to treat the necessity of the international law in the modem international relations and the predicament it face, how to exert positive effect of the international law further on the world peace and the stable international order, which is the problem that this paper try hard to analyze and discuss about.Firstly, the paper distinguishes the content of the international law through analyzing the definition of the international law by the Chinese and Foreign jurist and contrast of the international law, international system, international regime. It points out further that the developments of the international relations propel the international law development and perfect.Secondly, the paper points out the necessity of international law that harmonizes international relations from the theories and the practices. Theoretically, the idealism, the new liberalism and the constructivism thinks that the international law has an important function in the international relations. In practice, international law plays an important role in maintaining world peace and safety, promoting the international cooperation and development and establishing the international new order. Main source producing result of Internationallaw is in the basic request of the national a coordination benefit, the objective fact of mutual dependence, solving the public global problems, the trend of multilevel structure.Thirdly, the paper points out the international law facing the negation of the realism and the challenge of the power politics and hegemonies. The internal reason that result in the international law predicament includes primarily: Dispersion and indetermination of international law in lawmaking theory; Inequality in the aspects of judicatory judgment and relative weakness of judicatory execute. The exterior reason is the practical attitude of western nation about the international kw and the minority position of the developing country.Finally, the paper considers reasonably the international law how to get away from the predicament and develop necessary function, and puts forward the countermeasures. The first one is to promote the democratization of the international relations. The second one is to enhance the function of the international organization which is represented as the United Nations. The third one is to enrich and perfect the compile work of the international law continually. The Fourth one is to exert the functions of China positively in constructing international law system.