Chapter 5 General principle of Int law (2) - 副本
国际法专业词汇
International law国际法State Law国家法the Statute of the International Court of Justice国际法院规约International treaty国际条约Customary International Law国际习惯General principles of law一般法律原则Judicial decisions司法判决Monism一元论Dualism二元论Basic principles of international law国际法的基本原则Jus Congens强行法the principle of sovereign equality of the states国家主权平等原则the principle of non-interference不干涉原则Mutual respect for sovereignty and territorial integrity 互相尊重主权和领土完整Mutual non-aggression互不侵犯Non-interference in each other's internal affairs互不干涉内政Equality and mutual benefit平等互利Peaceful coexistence和平共处the subjects of international law国际法的主体International personality国际人格Territory领土Residents居民Sovereignty主权Supreme authority最高权威Permanent neutralized state永久中立国Basic right and liability基本权利和义务Right of self-defense自卫权Jurisdiction管辖Immunities from jurisdiction管辖豁免International organization国际组织The nations struggling for their independence争取独立的民族the principles of self-determination of nations民族自决原则Individuals under international law国际法上的个人Recognition under international law国际法上的承认The constitutive theory构成说The declaratory theory宣告说The Succession继承Consent同意Counter-measure and self-defense反措施和自卫Force majeure and an accident不可抗力和偶然事故Severe distress, state of necessity危难和紧急情况Compensation赔偿Territorial sovereignty领土主权Condominium共管Leases租借Spheres of influence势力范围International servitudes国际地役Territorial waters领水Boundary river界河International river国际河流Occupation of terra nullius先占Accretion添付Prescription时效Cession 割让Conquest and annexation征服和吞并Self-determination of peoples人民自决The Antarctic南极The Arctic北极Nationality国籍Blood rule血统原则Right of the territory出生地原则Dual nationality双重国籍National treatment国民待遇Most-favored-nation treatment最惠国待遇Differential treatment差别待遇Diplomatic protection外交保护Effective and continuous nationality有效和持续国籍Exhaustion of local remedies用尽当地救济Extradition引渡Asylum庇护Double criminality principle双重归罪原则Principle of non-extradition of political offenders政治犯不引渡原则Normal baseline正常基线Straight baseline直线基线Internal waters内水Territorial Sea领海Right of innocent passage无害通过权Right of hot pursuit紧追权The Contiguous Zone毗连区the continental shelf大陆架Exclusive Economic Zone专属经济区High Sea公海Freedom of navigation航行自由Freedom of fishing捕鱼自由Freedom of flying飞越自由Archipelagos群岛水域The Area of the International Seabed国际海底区域Space Law空间法Airspace Law空气空间法Hijacking劫持飞机Either extradite or punish或引渡或起诉Outer space law外层空间法Diplomatic relations外交关系Consular relations领事关系Diplomatic privileges and immunities外交特权与豁免The immunity of diplomatic mission使馆豁免The consular privileges and immunities领事特权与豁免the Law of Treaties条约法Reservations保留Invalidity无效Termination, And Suspension of Treaties条约的终止和暂停施行the United Nations联合国The General Assembly大会The Security Council安理会Negotiation谈判Consultation协商Good offices斡旋Mediation调停Inquiry调查Conciliation和解Arbitration仲裁Judicial Methods司法解决。
国际法主要知识点整理
国际法第一章导论案例国际法的概念国际法的效力根据国际法的渊源国际法与国内法的关系国际法基本原则第一节国际法的概念一、国际法的名称(international law, law of nations, droit international )罗马法jus gentium万民法，格老秀斯（Hugo Grotius）叫万国法，边沁叫国际法。
国际法在19世纪中叶正式传入中国。
1864年丁韙良（William Martin）将惠顿Wheaton 《国际法原理》译成《万国公法》。
清末，“国际法”一词由日本传入中国。
一、国际法的名称（续）：三类国际法规范1.普遍国际法（universal international law）：适用于一切国家和其他国际法主体。
两个概念“对国际社会整体的义务”，对一切人的义务（erga omnes obligations）。
2.一般国际法（general international law）：对绝大多数国家有拘束力的，除了一贯反对的国家。
3.区域国际法regional int. law 或特别国际法special int. law：世界上某个区域内的国家在相互交往中发展起来的，仅仅适用于这些国家之间关系的国际法规则，如所谓“美洲国际法”。
现行法lex lata和应有法lex ferenda。
二、国际法的定义影响国际法定义的因素：对国际法的主体、性质、范围以及效力根据等基本问题有不同见解。
国际（公）法public international law主要是调整国家之间关系的有法律拘束力的原则、规则和制度的总称。
国际法是在国家之间的相互交往中形成的，它是法律的一个特殊体系。
国际法的调整对象使它有别于国际私法private international law/law on conflict of laws和跨国法transnational law 。
国际私法主要是解决不同国家之间的民商事法律冲突问题，又称为“法律冲突法”或“法律的冲突”。
剑桥雅思阅读5原文翻译及答案（test1）
剑桥雅思阅读5原文翻译及答案(test1)雅思阅读是块难啃的硬骨头，需要我们做更多的题目才能得心应手。
下面小编给大家分享一下剑桥雅思阅读5test1原文翻译及答案解析，希望可以帮助到大家。
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非常适合学生自学的习题解答和听力录音文本。
READING PASSAGE 1You should spend about 20 minutes on Questions 1-13, which are based on Reading Passage 1 below.Johnson’s DictionaryFor the centur y before Johnson’s Dictionary was published in 1775, there had been concern about the state of the English language. There was no standard way of speaking or writing and no agreement as to the best way of bringing some order to the chaos of English spelling. Dr Johnson provided the solution.There had, of course, been dictionaries in the past, the first of these being a little book of some 120 pages, compiled by a certain Robert Cawdray, published in 1604 under the title A Table Alphabeticall ‘of hard usuall English wordes’. Like the various dictionaries that came after it during the seventeenth century, Cawdray’s tended to concentrate on ‘scholarly’ words; one function of the dictionary was to enable its student to convey an impression of fine learning.Beyond the practical need to make order out of chaos, the rise of dictionaries is associated with the rise of the English middle class, who were anxious to define and circumscribe thevarious worlds to conquer —lexical as well as social and commercial. it is highly appropriate that Dr Samuel Johnson, the very model of an eighteenth-century literary man, as famous in his own time as in ours, should have published his Dictionary at the very beginning of the heyday of the middle class.Johnson was a poet and critic who raised common sense to the heights of genius. His approach to the problems that had worried writers throughout the late seventeenth and early eighteenth centuries was intensely practical. Up until his time, the task of producing a dictionary on such a large scale had seemed impossible without the establishment of an academy to make decisions about right and wrong usage. Johnson decided he did not need an academy to settle arguments about language; he would write a dictionary himself and he would do it single-handed. Johnson signed the contract for the Dictionary with the bookseller Robert Dosley at a breakfast held at the Golden Anchor Inn near Holbom Bar on 18 June 1764.He was to be paid ￡1.575 in instalments, and from this he took money to rent Gou gh Square, in which he set up his ‘dictionary workshop’.James Boswell, his biographer, described the garret where Johnson worked as ‘fitted up like a counting house’ with a long desk running down the middle at which the copying clerks would work standing up. Johnson himself was stationed on a rickety chair at an ‘old crazy deal table’ surrounded by a chaos of borrowed books. He was also helped by six assistants, two of whom died whilst the Dictionary was still in preparation.The work was immense; filling about eighty large notebooks (and without a library to hand), Johnson wrote the definitions of over 40,000 words, and illustrated their many meanings with some 114,000 quotations drawn from English writing on everysubject, from the Elizabethans to his own time. He did not expect to achieve complete originality. Working to a deadline, he had to draw on the best of all previous dictionaries, and to make his work one of heroic synthesis. In fact, it was very much more. Unlike his predecessors, Johnson treated English very practically, as a living language, with many different shades of meaning. He adopted his definitions on the principle of English common law —according to precedent. After its publication, his Dictionary was not seriously rivalled for over a century.After many vicissitudes the Dictionary was finally published on 15 April 1775. It was instantly recognised as a landmark throughout Europe. ‘This very noble work,’ wrote the leading Italian lexicographer, ‘will be a perpetual monument of Fame to the Author, an Honour to his own Country in particular, and a general Benefit to the republic of Letters throughout Europe" The fact that Johnson had taken on the Academies of Europe and matched them (everyone knew that forty French academics had taken forty years to produce the first French national dictionary) was cause for much English celebration.Johnson had worked for nine years, ‘with little assistance of the learned, and without any patronage of the great; not in the soft obscurities of retirement, or under the shelter of academic bowers, but amidst inconvenience and distraction, in sickness and in sorrow’. For all its faults and eccentricities his two-volume work is a masterpiece and a landmark, in his own words, ‘setting the orthography, displaying the analogy, regulating the structures, and ascertaining the significations of English words’. It is the cornerstone of Standard English an achievement which, in James Boswell’s words ‘conferred stability on the language of his country.’The Dictionary, together with his other writing, made Johnson famous and so well esteemed that his friends were able to prevail upon King George Ⅲ to offer him a pension. From then on, he was to become the Johnson of folklore.Questions 1-3Choose THREE letters A-H.Write your answers in boxes 1-3 on your answer sheet.NB Your answers may be given in any order.Which THREE of the following statements are true of Johnson’s Dictionary?A It avoided all scholarly words.B It was the only English dictionary in general use for 200 years.C It was famous because of the large number of people involved.D It focused mainly on language from contemporary texts.E There was a time limit for its completion.F It ignored work done by previous dictionary writers.G It took into account subtleties of meaning.H Its definitions were famous for their originality.Questions 4-7Complete the summary.Choose NO MORE THAN TWO WORDS from the passage for each answer.Write your answers in boxes 4-7 on your answer sheet.In 1764 Dr Johnson accepted the contract to produce a dictionary. Having rented a garret, he took on a number of 4…………, who stood at a long central desk. Johnson did not have a 5………… available to him, but eventually produced definitions of in excess of 40,000 words written down in 80 large notebooks.On publications, the Dictionary was immediately hailed in many European countries as a landmark. According to his biographer, James Boswell, Johnson’s principal achievement was to bring 6……… to the English language. As a reward for his ha rd work, he was granted a 7………by the king.Questions 8-13Do the following statements agree with the information given in Reading Passage 1?In boxes 8-13 on your answer sheet, writeTRUE if the statement agrees with the informationFALSE if the statement contradicts the informationNOT GIVEN if there is no information on this8 The growing importance of the middle classes led to an increased demand for dictionaries.9 Johnson has become more well known since his death.10 Johnson had been planning to write a dictionary for several years.11 Johnson set up an academy to help with the writing of his Dictionary.12 Johnson only received payment for his Dictionary on its completion.13 Not all of the assistants survived to see the publication of the Dictionary.READING PASSAGE 2You should spend about 20 minutes on Questions 14-26, which are based on Reading Passage 2 below.Nature or Nurture?A A few years ago, in one of the most fascinating and disturbing experiments in behavioural psychology, Stanley Milgram of Yale University tested 40 subjects from all walks of lifefor their willingness to obey instructions given by a ‘leader’ in a situation in which the subjects might feel a personal distaste for the actions they were called upon to perform. Specifically M ilgram told each volunteer ‘teacher-subject’ that the experiment was in the noble cause of education, and was designed to test whether or not punishing pupils for their mistakes would have a positive effect on the pupils’ ability to learn.B Milgram’s expe rimental set-up involved placing the teacher-subject before a panel of thirty switches with labels ranging from ‘15 volts of electricity (slight shock)’ to ‘450 volts (danger —severe shock)’ in steps of 15 volts each. The teacher-subject was told that whenever the pupil gave the wrong answer to a question, a shock was to be administered, beginning at the lowest level and increasing in severity with each successive wrong answer. The supposed ‘pupil’ was in reality an actor hired by Milgram to simulate receiving the shocks by emitting a spectrum of groans, screams and writings together with an assortment of statements and expletives denouncing both the experiment and the experimenter. Milgram told the teacher-subject to ignore the reactions of the pupil, and to administer whatever level of shock was called for, as per the rule governing the experimental situation of the moment.C As the experiment unfolded, the pupil would deliberately give the wrong answers to questions posed by the teacher, thereby bringing on various electrical punishments, even up to the danger level of 300 volts and beyond. Many of the teacher-subjects balked at administering the higher levels of punishment, and turned to Milgram with questioning looks and/or complaints about continuing the experiment. In these situations, Milgramcalmly explained that the teacher-subject was to ignore the pupil’s cries for mercy and carry on with the experiment. If the subject was still reluctant to proceed, Milgram said that it was important for the sake of the experiment that the procedure be followed through to the end. His final argument was ‘you have no other choice. You must go on’. What Milgram was trying to discover was the number of teacher-subjects who would be willing to administer the highest levels of shock, even in the face of strong personal and moral revulsion against the rules and conditions of the experiment.D Prior to carrying out the experiment, Milgram explained his idea to a group of 39 psychiatrists and asked them to predict the average percentage of people in an ordinary population who would be willing to administer the highest shock level of 450 volts. The overwhelming consensus was that virtually all the teacher-subjects would refuse to obey the experimenter. The psychiatrists felt that ‘most subjects would not go beyond 150 volts’ and they further anticipated that only four per cent would go up to 300 volts. Furthermore, they thought that only a lunatic fringe of about one in 1,000 would give the highest shock of 450 volts.E What were the actual results? Well, over 60 per cent of the teacher-subjects continued to obey Milgram up to the 450-volt limit in repetitions of the experiment in other countries, the percentage of obedient teacher-subjects was even higher, reaching 85 per cent in one country. How can we possibly account for this vast discrepancy between what calm, rational, knowledgeable people predict in the comfort of their study and what pressured, flustered, but cooperative ‘teachers’ actually do in the laboratory of real life?F One’s first inclination might be to argue that there must be some sort of built-in animal aggression instinct that was activated by the experiment, and that Milgram’s teache-subjects were just following a genetic need to discharge this pent-up primal urge onto the pupil by administering the electrical shock. A modern hard-core sociobiologist might even go so far as to claim that this aggressive instinct evolved as an advantageous trait, having been of survival value to our ancestors in their struggle against the hardships of life on the plains and in the caves, ultimately finding its way into our genetic make-up as a remnant of our ancient animal ways.G An alternative to this notion of genetic programming is to see the teacher-subjects’ actions as a result of the social environment under which the experiment was carried out. As Milgram himself pointed out, ‘Most subjects in the experiment see their behaviour in a larger context that is benevolent and useful to society —the pursuit of scientific truth. The psychological laboratory has a strong claim to legitimacy and evokes trust and confidence in those who perform there. An action such as shocking a victim, which in isolation appears evil, acquires a completely different meaning when placed in this se tting.’H Thus, in this explanation the subject merges his unique personality and personal and moral code with that of larger institutional structures, surrendering individual properties like loyalty, self-sacrifice and discipline to the service of malevolent systems of authority.I Here we have two radically different explanations for why so many teacher-subjects were willing to forgo their sense of personal responsibility for the sake of an institutional authorityfigure. The problem for biologists, psychologists and anthropologists is to sort out which of these two polar explanations is more plausible. This, in essence, is the problem of modern sociobiology — to discover the degree to which hard-wired genetic programming dictates, or at least strongly biases, the interaction of animals and humans with their environment, that is, their behaviour. Put another way, sociobiology is concerned with elucidating the biological basis of all behaviour.Questions 14-19Reading Passage 2 has nine paragraphs, A-I.Which paragraph contains the following information?Write the correct letter A-I in boxes 14-19 on your answer sheet.14 a biological explanation of the teacher-subjects’ behaviour15 the explanation Milgram gave the teacher-subjects for the experiment16 the identity of the pupils17 the expected statistical outcome18 the general aim of sociobiological study19 the way Milgram persuaded the teacher-subjects to continueQuestions 20-22Choose the correct letter, A, B, C or D.Write your answers in boxes 20-22 on your answer sheet.20 The teacher-subjects were told that were testing whetherA a 450-volt shock was dangerous.B punishment helps learning.C the pupils were honest.D they were suited to teaching.21 The teacher-subjects were instructed toA stop when a pupil asked them to.B denounce pupils who made mistakes.C reduce the shock level after a correct answer.D give punishment according to a rule.22 Before the experiment took place the psychiatristsA believed that a shock of 150 volts was too dangerous.B failed to agree on how the teacher-subjects would respond to instructions.C underestimated the teacher-subjects’ willingness to comply with experimental procedure.D thought that many of the teacher-subjects would administer a shock of 450 volts.Questions 23-26Do the following statements agree with the information given in Reading Passage 2?In boxes 23-26 on your answer sheet, writeTRUE if the statement agrees with the informationFALSE if the statement contradicts the informationNOT GIVEN if there is no information on this23 Several of the subjects were psychology students at Yale University.24 Some people may believe that the teacher-subjects’ behaviour could be explained as a positive survival mechanism.25 In a sociological explanation, personal values are more powerful than authority.26 Milgram’s experiment solves an important question in sociobiology.READING PASSAGE 3You should spend about 20 minutes on Questions 27-40,which are based on Reading Passage 3 below.The Truth about the EnvironmentFor many environmentalists, the world seems to be getting worse. They have developed a hit-list of our main fears: that natural resources are running out; that the population is ever growing, leaving less and less to eat; that species are becoming extinct in vast numbers, and that the planet’s air and water are becoming ever more polluted.But a quick look at the facts shows a different picture. First, energy and other natural resources have become more abundant, not less so, since the book ‘The Limits to Growth’ was published in 1972 by a group of scientists. Second, more food is now produced per head of the world’s population than at any time in history. Fewer people are starving. Third, although species are indeed becoming extinct, only about 0.7% of them are expected to disappear in the next 50 years, not 25-50%, as has so often been predicted. And finally, most forms of environmental pollution either appear to have been exaggerated, or are transient —associated with the early phases of industrialisation and therefore best cured not by restricting economic growth, but by accelerating it. One form of pollution — the release of greenhouse gases that causes global warming — does appear to be a phenomenon that is going to extend well into our future, but its total impact is unlikely to pose a devastating problem. A bigger problem may well turn out to be an inappropriate response to it.Yet opinion polls suggest that many people nurture the belief that environmental standards are declining and four factors seem to cause this disjunction between perception and reality.One is the lopsidedness built into scientific research. Scientific funding goes mainly to areas with many problems. That may be wise policy, but it will also create an impression that many more potential problems exist than is the case.Secondly, environmental groups need to be noticed by the mass media. They also need to keep the money rolling in. Understandably, perhaps, they sometimes overstate their arguments. In 1997, for example, the World Wide Fund for Nature issued a press release entitled: ‘Two thirds of the world’s forests lost forever.’ The truth turns out to be nearer 20%.Though these groups are run overwhelmingly by selfless folk, they nevertheless share many of the characteristics of other lobby groups. That would matter less if people applied the same degree of scepticism to environmental lobbying as they do to lobby groups in other fields. A trade organisation arguing for, say, weaker pollution controls is instantly seen as self-interested. Yet a green organisation opposing such a weakening is seen as altruistic, even if an impartial view of the controls in question might suggest they are doing more harm than good.A third source of confusion is the attitude of the media. People are clearly more curious about bad news than good. Newspapers and broadcasters are there to provide what the public wants. That, however, can lead to significant distortions of perception. An example was America’s encounter with El Nino in 1997 and 1998. This climatic phenomenon was accused of wrecking tourism, causing allergies, melting the ski-slopes and causing 22 deaths. However, according to an article in the Bulletin of the American Meteorological Society, the damage it did was estimated at US$4 billion but the benefits amounted to some US$19 billion. These came from higher winter temperatures(which saved an estimated 850 lives, reduced heating costs and diminished spring floods caused by meltwaters).The fourth factor is poor individual perception. People worry that the endless rise in the amount of stuff everyone throws away will cause the world to run out of places to dispose of waste. Yet, even if America’s trash output continues to rise as it has done in the past, and even if the American population doubles by 2100, all the rubbish America produces through the entire 21st century will still take up only one-12,000th of the area of the entire United States.So what of global warming? As we know, carbon dioxide emissions are causing the planet to warm. The best estimates are that the temperatures will rise by 2-3℃ in this century, causing considerable problems, at a total cost of US$5,000 billion.Despite the intuition that something drastic needs to be done about such a costly problem, economic analyses clearly show it will be far more expensive to cut carbon dioxide emissions radically than to pay the costs of adaptation to the increased temperatures. A model by one of the main authors of the United Nations Climate Change Panel shows how an expected temperature increase of 2.1 degrees in 2100 would only be diminished to an increase of 1.9 degrees. Or to put it another way, the temperature increase that the planet would have experienced in 2094 would be postponed to 2100.So this does not prevent global warming, but merely buys the world six years. Yet the cost of reducing carbon dioxide emissions, for the United States alone, will be higher than the cost of solving the world’s single, most pressing health problem: providing universal access to clean drinking water and sanitation. Such measures would avoid 2 million deaths every year, andprevent half a billion people from becoming seriously ill.It is crucial that we look at the facts if we want to make the best possible decisions for the future. It may be costly to be overly optimistic — but more costly still to be too pessimistic.Questions 27-32Do the following statements agree with the claims of the writer in Reading Passage 3?In boxes 27-32 on your answer sheet, writeYES if the statement ag rees with the writer’s claimsNO if the statement contradicts the writer’s clamsNOT GIVEN if it is impossible to say what the writer thinks about this27 Environmentalists take a pessimistic view of the world fora number of reasons28 Data on the Earth’s natural resources has only been collected since 1972.29 The number of starving people in the world has increased in recent years.30 Extinct species are being replaced by new species.31 Some pollution problems have been correctly linked to industrialisation.32 It would be best to attempt to slow down economic growth.Questions 33-37Choose the correct letter, A, B, C or D.Write your answers in boxes 33-37 on your answer sheet.33 What aspect of scientific research does the writer express concern about in paragraph 4?A the need to produce resultsB the lack of financial supportC the selection of areas to researchD the desire to solve every research problem34 The writer quotes from the Worldwide Fund for Nature to illustrate howA influential the mass media can be.B effective environmental groups can be.C the mass media can help groups raise funds.D environmental groups can exaggerate their claims.34 What is the writer’s main point about lobby groups in paragraph 6?A Some are more active than others.B Some are better organised than others.C Some receive more criticism than others.D Some support more important issues than others.35 The writer suggests that newspapers print items that are intended toA educate readers.B meet their readers’ expec tations.C encourage feedback from readers.D mislead readers.36 What does the writer say about America’s waste problem?A It will increase in line with population growth.B It is not as important as we have been led to believe.C It has been reduced through public awareness of the issues.D It is only significant in certain areas of the country.Questions 38-40Complete the summary with the list of words A-I below.Write the correct letter A-I in boxes 38-40 on your answer sheet.GLOBAL WARMINGThe writer admits that global warming is a 38…………….challenge, but says that it will not have a catastrophic impact on our future, if we deal with it in the 39…………… way. If we try to reduce the levels of greenhouse gases, he believes that it would only have a minimal impact on rising temperatures. He feels it would be better to spend money on the more 40………… health problem of providing the world’s population with clean drinking water.A unrealisticB agreedC expensiveD rightE long-termF usualG surprisingH personalI urgent剑桥雅思阅读5原文参考译文(test1)TEST 1 PASSAGE 1参考译文：Johnson’s Dictionary约翰逊博士的字典For the century before Johnson’s Dictionary was published in 1775, there had been concern about the state of the English language. There was no standard way of speaking or writing and no agreement as to the best way of bringing some order to the chaos of English spelling. Dr Johnson provided the solution.约翰逊博士的《字典》于1775年出版，在此之前的一个世纪，人们一直对英语的发展状况担忧。
商务英语综合教程chapter (5)
但寡头卖主垄断与前面所提到的市场的主要区别在于， 卖主的数量有限，使得寡头卖主垄断者对产品的价格拥 有相当大的支配权。 1) 这个句子的主要结构是：the primary difference …is that … (……主要区别在于……) 2) between oligopoly and the previously mentioned markets作后置定语修饰difference 意为“但寡头卖主垄 断与前面所提到的市场的主要区别在于。 ” 3) that 引导的表语从句， the limited number of sellers gives the oligopolist substantial control over the product’s price.有限数量的卖主给了寡头垄断对产品价 格语言要点)
(Teachers should note that here we only give you some of the language points, you may add some by yourself.)
1. A basic principle of economies, the law of supply and demand states that market prices are set by the intersection of the supply and demand curves. 作为经济学的一条基本原则，供求规律指出市场价格是 由供应曲线 需求曲线的交叉点确定的。 1)That 引导的是主句谓语states的宾语从句，从句谓语are set (被确定) 2)By the intersection of the supply and demand curves 由供给线和需求线的交叉点确定（参见教材P60的图） 2. Monopolistic competition arises in an industry in which somewhat fewer firms than would exist in pure competition produce and sell products that are different from those of their competitors.
国际法基本原则
1. The Conception of the Fundamental Principles of International Law
• 1.1 The definition of the fundamental principles of international law • 1.2 The character:(1) recognized by states • (2) applies to all fields of international law and has universal meaning • (3)consists of foundation of international law • (4)has nature of jus cogens
• To be a centre for harmonizing the actions of nations in the attainment of these common ends.
2.2 Seven principles
• The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles: • (1). The Organization is based on the principle of the sovereign equality of all its Members.
• (6). The Organization shall ensure that States which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security. • (7). Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any State
国际商法
•Informal: No special form is required.
（3）valid,void, ） voidable contracts
有效合同、 有效合同、无效 合同、 合同、可撤销合同
•Valid: with legal effect •Void: without legal effect
Legal Sources
• United Nations Convention on Contracts for the International Sale of Goods/1988，1，1 ， ， 【CISG】 】
联合国国际货物 销售(买卖 买卖)合同公约 销售 买卖 合同公约
• Principles of International Commercial Contracts 1994/2004 【PICC】 】
Section 2 Offer
a. relevant concepts
（1） offer ）
a definite proposal by one party to enter into a contract with other party.
•Offeror 要约方/要约人 要约方 要约人 •Offeree 受要约方/受要约人 受要约方 受要约人
国际商事合同通则 （2004/1994） ）
• The objective of the UNIDROIT Principles is to establish a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are to be applied.
中华人民共和国民事诉讼法 英文版
CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA(Adopted at the Fourth Session of the Seventh National People's Congress on April 9. 1991. promulgated by Order No. 44 of the President of the People's Republic of China on April 9. 1991. and effective as of the date of promulgation)CONTENTSPart One General ProvisionsCHAPTER I The Aim. Scope of Application and Basic PrinciplesCHAPTER II JurisdictionSection 1 Jurisdiction by Forum LevelSection 2 Territorial JurisdictionSection 3 Transfer and Designation of JurisdictionCHAPTER III Trial OrganizationCHAPTER IV WithdrawalCHAPTER V Participants in ProceedingsSection 1 PartiesSection 2 Agents ad LitemCHAPTER VI EvidenceCHAPTER VII Time Periods and ServiceSection 1 Time PeriodsSection 2 ServiceCHAPTER VIII ConciliationCHAPTER IX Property Preservation and Advance ExecutionCHAPTER X Compulsory Measures Against Obstruction of Civil Proceedings CHAPTER XI Litigation CostsPart Two Trial ProcedureCHAPTER XII Ordinary Procedure of First InstanceSection 1 Bringing a Lawsuit and Entertaining a CaseSection 2 Preparations for TrialSection 3 Trial in CourtSection 4 Suspension and Termination of LitigationSection 5 Judgment and OrderCHAPTER XIII Summary ProcedureCHAPTER XIV Procedure of Second InstanceCHAPTER XV Special ProcedureSection 1 General ProvisionsSection 2 Cases Concerning the Qualification of VotersSection 3 Cases Concerning the Declaration of a Person as Missing or Dead Section 4 Cases Concerning the Adjudgment of Legal Incapacity or Restricted Legal Capacity of CitizensSection 5 Cases Concerning the Determination of a Property as Ownerless CHAPTER XVI Procedure for Trial SupervisionCHAPTER XVII Procedure for Hastening Debt RecoveryCHAPTER XVIII Procedure for Publicizing Public Notice for Assertion of ClaimsCHAPTER XIX Procedure for Bankruptcy and Debt Repayment of Legal Person EnterprisesPart Three Procedure of ExecutionCHAPTER XX General ProvisionsCHAPTER XXI Application for Execution and ReferralCHAPTER XXII Execution MeasuresCHAPTER XXIII Suspension and Termination of ExecutionPart Four Special Provisions for Civil Procedure of Cases Involving Foreign ElementCHAPTER XXIV General PrinciplesCHAPTER XXV JurisdictionCHAPTER XXVI Service and Time PeriodsCHAPTER XXVII Property PreservationCHAPTER XXVIII ArbitrationCHAPTER XXIX Judicial AssistancePART ONE GENERAL PROVISIONSChapter I The Aim. Scope of Application and Basic PrinciplesArticle 1 The Civil Procedure Law of the People's Republic of China is formulated on the basis of the Constitution and in the light of the experience and actual conditions of our country in the trial of civil cases.Article 2 The Civil Procedure Law of the People's Republic of China aims to protect the exercise of the litigation rights of the parties and ensure theascertaining of facts by the people's courts. distinguish right from wrong. apply the law correctly. try civil cases promptly. affirm civil rights and obligations. impose sanctions for civil wrongs. protect the lawful rights and interests of the parties. educate citizens to voluntarily abide by the law. maintain the social and economic order. and guarantee the smooth progress of the socialist construction.Article 3 In dealing with civil litigation arising from disputes on property and personal relations between citizens. legal persons or other organizations and between the three of them. the people's courts shall apply the provisions of this Law.Article 4 Whoever engages in civil litigation within the territory of the People's Republic of China must abide by this Law.Article 5 Aliens. stateless persons. foreign enterprises and organizations that bring suits or enter appearance in the people's courts shall have the same litigation rights and obligations as citizens. legal persons and other organizations of the People's Republic of China.If the courts of a foreign country impose restrictions on the civil litigation rights of the citizens. legal persons and other organizations of the People's Republic of China. the people's courts of the People's Republic of China shall follow the principle of reciprocity regarding the civil litigation rights of the citizens. enterprises and organizations of that foreign country.Article 6 The people's courts shall exercise judicial powers with respect to civil cases. The people's courts shall try civil cases independently in accordance with the law. and shall be subject to no interference by any administrative organ. public organization or individual.Article 7 In trying civil cases. the people's courts must base themselves on facts and take the law as the criterion.Article 8 The parties in civil litigation shall have equal litigation rights. The people's courts shall. in conducting the trials. safeguard their rights. facilitate their exercising the rights. and apply the law equally to them.Article 9 In trying civil cases. the people's courts shall conduct conciliation for the parties on a voluntary and lawful basis; if conciliation fails. judgments shall be rendered without delay.Article 10 In trying civil cases. the people's courts shall. according to the provisions of the law. follow the systems of panel hearing. withdrawal. public trial and the court of second instance being that of last instance.Article 11 Citizens of all nationalities shall have the right to use their native spoken and written languages in civil proceedings.Where minority nationalities live in aggregation in a community or where several nationalities live together in one area. the people's courts shall conduct hearings and issue legal documents in the spoken and written languages commonly used by the local nationalities.The people's courts shall provide translations for any participant in the proceedings who is not familiar with the spoken or written languages commonly used by the local nationalities.Article 12 Parties to civil actions are entitled in the trials by the people's courts to argue for themselves.Article 13 The parties are free to deal with their own civil rights and litigation rights the way they prefer within the scope provided by the law.Article 14 The people's procuratorates shall have the right to exercise legal supervision over civil proceedings.Article 15 Where an act has infringed upon the civil rights and interests of the State. a collective organization or an individual. any State organ. public organization. enterprise or institution may support the injured unit or individual to bring an action in a people's court.Article 16 The people's conciliation committees shall be mass organizations to conduct conciliation of civil disputes under the guidance of the grass- roots level people's governments and the basic level people's courts.The people's conciliation committee shall conduct conciliation for the partiesaccording to the Law and on a voluntary basis. The parties concerned shall carry out the settlement agreement reached through conciliation; those who decline conciliation or those for whom conciliation has failed or those who have backed out of the settlement agreement may institute legal proceedings in a people's court.If a people's conciliation committee. in conducting conciliation of civil disputes. acts contrary to the law. rectification shall be made by the people's court.Article 17 The people's congresses of the national autonomous regions may formulate. in accordance with the Constitution and the principles of this Law. and in conjunction with the specific circumstances of the local nationalities. adaptive and supplementary provisions. Such provisions made by an autonomous region shall be submitted to the Standing Committee of the National People's Congress for approval; those made by an autonomous prefecture or autonomous county shall be submitted to the standing committee of the people's congress of the relevant province or autonomous region for approval and to the Standing Committee of the National People's Congress for the record.Chapter II JurisdictionSection 1 Jurisdiction by Forum LevelArticle 18 The basic people's courts shall have jurisdiction as courts of first instance over civil cases. unless otherwise provided in this Law.Article 19 The intermediate people's courts shall have jurisdiction as courts of first instance over the following civil cases：(1) major cases involving foreign element;(2) cases that have major impact on the area under their jurisdiction; and(3) cases as determined by the Supreme People's Court to be under the jurisdiction of the intermediate people's courts.Article 20 The high people's courts shall have jurisdiction as courts of first instance over civil cases that have major impact on the areas under their jurisdiction.Article 21 The Supreme People's Court shall have jurisdiction as the court of first instance over the following civil cases：(1) cases that have major impact on the whole country; and(2) cases that the Supreme People's Court deems it should try.Section 2 Territorial JurisdictionArticle 22 A civil lawsuit brought against a citizen shall be under the jurisdiction of the people's court of the place where the defendant has his domicile; if the place of the defendant's domicile is different from that of his habitual residence. the lawsuit shall be under the jurisdiction of the people's court of the place of his habitual residence.A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his domicile.Where the domiciles or habitual residences of several defendants in the same lawsuit are in the areas under the jurisdiction of two or more people's courts. all of those people's courts shall have jurisdiction over the lawsuit.Article 23 The civil lawsuits described below shall be under the jurisdiction of the people's court of the place where the plaintiff has his domicile; if the place of the plaintiff's domicile is different from that of his habitual residence. the lawsuit shall be under the jurisdiction of the people's court of the place of the plaintiff's habitual residence：(1) those concerning personal status brought against persons not residing within the territory of the People's Republic of China;(2) those concerning the personal status of persons whose whereabouts are unknown or who have been declared as missing;(3) those brought against persons who are undergoing rehabilitation through labour; and(4) those brought against persons who are in imprisonment.Article 24 A lawsuit brought on a contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the contract is performed.Article 25 The parties to a contract may agree to choose in their written contract the people's court of the place where the defendant has his domicile. where the contract is performed. where the contract is signed. where the plaintiff has his domicile or where the object of the action is located to exercise jurisdiction over the case. provided that the provisions of this Law regarding jurisdiction by forum level and exclusive jurisdiction are not violated.Article 26 A lawsuit brought on an insurance contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the insured object is located.Article 27 A lawsuit brought on a bill dispute shall be under the jurisdiction of the people's court of the place where the bill is to be paid or where the defendant has his domicile.Article 28 A lawsuit arising from a dispute over a railway. road. water. or air transport contract or over a combined transport contract shall be under the jurisdiction of the people's court of the place of dispatch or the place of destination or where the defendant has his domicile.Article 29 A lawsuit brought on a tortious act shall be under the jurisdiction of the people's court of the place where the tort is committed or where the defendant has his domicile.Article 30 A lawsuit brought on claims for damages caused by a railway. road. water transport or air accident shall be under the jurisdiction of the people's court of the place where the accident occurred or where the vehicle or ship first arrived after the accident or where the aircraft first landed after the accident. or where the defendant has his domicile.Article 31 A lawsuit brought on claims for damages caused by a collision at sea or by any other maritime accident shall be under the jurisdiction of the people's court of the place where the collision occurred or where the ship in collision first docked after the accident or where the ship at fault was detained. or where the defendant has his domicile.Article 32 A lawsuit instituted for expenses of maritime salvage shall be under the jurisdiction of the people's court of the place where the salvage took place or where the salvaged ship first docked after the disaster.Article 33 A lawsuit brought for general average shall be under the jurisdiction of the people's court of the place where the ship first docked or where the adjustment of general average was conducted or where the voyage ended.Article 34 The following cases shall be under the exclusive jurisdiction of the people's courts herein specified：(1) a lawsuit brought on a dispute over real estate shall be under the jurisdiction of the people's court of the place where the estate is located;(2) a lawsuit brought on a dispute over harbour operations shall be under the jurisdiction of the people's court of the place where the harbour is located; and (3) a lawsuit brought on a dispute over succession shall be under the jurisdiction of the people's court of the place where the decedent had his domicile upon his death. or where the principal part of his estate is located.Article 35 When two or more people's courts have jurisdiction over a lawsuit. the plaintiff may bring his lawsuit in one of these people's courts; if the plaintiff brings the lawsuit in two or more people's courts that have jurisdiction over the lawsuit. the people's court in which the case was first entertained shall have jurisdiction.Section 3 Transfer and Designation of JurisdictionArticle 36 If a people's court finds that a case it has entertained is not under its jurisdiction. it shall refer the case to the people's court that has jurisdiction over the case. The people's court to which a case has been referred shall entertain the case. and if it considers that. according to the relevant regulations. the case referred to it is not under its jurisdiction. it shall report to a superior people's court for the designation of jurisdiction and shall not independently refer the case again to another people's court.Article 37 If a people's court which has jurisdiction over a case is unable to exercise the jurisdiction for special reasons. a superior people's court shalldesignate another court to exercise jurisdiction.In the event of a jurisdictional dispute between two or more people's courts. it shall be resolved by the disputing parties through consultation; if the dispute cannot be so resolved. it shall be reported to their common superior people's court for the designation of jurisdiction.Article 38 If a party to an action objects to the jurisdiction of a people's court after the court has entertained the case. the party must raise the objection within the period prescribed for the submission of defence. The people's court shall examine the objection. If the objection is established. the people's court shall order the case to be transferred to the people's court that has jurisdiction over it; if not. the people's court shall reject it.Article 39 The people's courts at higher levels shall have the power to try civil cases over which the people's courts at lower levels have jurisdiction as courts of first instance; they may also transfer civil cases over which they themselves have jurisdiction as courts of first instance to people's courts at lower levels for trial. If a people's court at a lower level that has jurisdiction over a civil case as court of first instance deems it necessary to have the case to be tried by a people's court at a higher level. it may submit it to and request the people's court at a higher level to try the case.Chapter III Trial OrganizationArticle 40 The people's court of first instance shall try civil cases by a collegial panel composed of both judges and judicial assessors or of judges alone.The collegial panel must have an odd number of members.Civil cases in which summary procedure is followed shall be tried by a single judge alone.When performing their duties. the judicial assessors shall have equal rights and obligations as the judges.Article 41 The people's court of second instance shall try civil cases by a collegial panel of judges. The collegial panel must have an odd number of members.For the retrial of a remanded case. the people's court of first instance shall form a new collegial panel in accordance with the procedure of first instance. If a casefor retrial was originally tried at first instance. a new collegial panel shall be formed according to the procedure of first instance; if the case was originally tried at second instance or was brought by a people's court at a higher level to it for trial. a new collegial panel shall be formed according to the procedure of second instance.Article 42 The president of the court or the chief judge of a division of the court shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in the trial. he himself shall serve as the presiding judge.Article 43 When deliberating a case. a collegial panel shall observe the rule of majority. The deliberations shall be recorded in writing. and the transcript shall be signed by the members of the collegial panel.Dissenting opinions in the deliberations must be truthfully entered in the transcript.Article 44 The judicial officers shall deal with all cases impartially and in accordance with the law.The judicial officers shall not accept any treat or gift from the parties or their agents adlitem.Any judicial officer who commits embezzlement. accepts bribes. engages in malpractice for personal benefits or who perverts the law in passing judgment shall be investigated for legal responsibility; if the act constitutes a crime. the offender shall be investigated for criminal responsibility according to the law.Chapter IV WithdrawalArticle 45 A judicial officer shall of himself withdraw from the case. and the parties thereto shall be entitled to apply orally or in writing for his withdrawal in any of the following circumstances：(1) he being a party to the case or a near relative of a party or an agent ad litem in the case;(2) he being an interested party in the case; or(3) he having some other kind of relationship with a party to the case. which might affect the impartiality of the trial.The above provisions shall also apply to clerks. interpreters. expert witnesses and inspection personnel.Article 46 In applying for the withdrawal. the party shall state the reason and submit the application at the beginning of the proceedings; the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin.Pending a decision by the people's court regarding the withdrawal applied for. the judicial officer concerned shall temporarily suspend his participation in the proceedings. with the exception. however. of cases that require the taking of emergency measures.Article 47 The withdrawal of the presiding judge who is president of the court shall be decided by the judicial committee; the withdrawal of judicial officers shall be decided by the court president; and the withdrawal of other personnel by the presiding judge.Article 48 The decision of a people's court on an application made by any party for withdrawal shall be made orally or in writing within three days after the application was made. If the applicant is not satisfied with the decision. he may apply for reconsideration which could be granted only once. During the period of reconsideration. the person whose withdrawal has been applied for shall not suspend his participation in the proceedings. The decision of a people's court on the reconsideration shall be made within three days after receiving the application and the applicant shall be notified of it accordingly.Chapter V Participants in ProceedingsSection 1 PartiesArticle 49 Any citizen. legal person and any other organization may become a party to a civil action.Legal persons shall be represented by their legal representatives in the litigation. Other organizations shall be represented by their principal heads in the proceedings.Article 50 Parties to an action shall have the right to appoint agents. apply for withdrawals. collect and provide evidence. proffer arguments. request conciliation. file an appeal and apply for execution.Parties to an action may have access to materials pertaining to the case and make copies thereof and other legal documents pertaining to the case.The scope of and rules for consulting and making copies of them shall be specified by the Supreme People's Court.Parties to an action must exercise their litigation rights in accordance with the law. observe the procedures and carry out legally effective written judgments or orders and conciliation statements.Article 51 The two parties may reach a compromise of their own accord.Article 52 The plaintiff may relinquish or modify his claims. The defendant may admit or rebut the claims and shall have the right to file counterclaims.Article 53 When one party or both parties consist of two or more than two persons. their object of action being the same or of the same category and the people's court considers that. with the consent of the parties. the action can be tried combined. it is a joint action.If a party of two or more persons to a joint action have common rights and obligations with respect to the object of action and the act of any one of them is recognized by the others of the party. such an act shall be valid for all the rest of the party; if a party of two or more persons have no common rights and obligations with respect to the object of action. the act of any one of them shall not be valid for the rest.Article 54 If the persons comprising a party to a joint action is large in number. the party may elect representatives from among themselves to act for them in the litigation. The acts of such representatives in the litigation shall be valid for the party they represent. However. modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.Article 55 Where the object of action is of the same category and the persons comprising one of the parties is large but uncertain in number at thecommencement of the action. the people's court may issue a public notice. stating the particulars and claims of the case and informing those entitled to participate in the action to register their rights with the people's court within a fixed period of time.Those who have registered their rights with the people's court may elect representatives from among themselves to proceed with the litigation; if the election fails its purpose. such representatives may be determined by the people's court through consultation with those who have registered their rights with the court.The acts of such representative in the litigation shall be valid for the party they represent; however. modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.The judgments or written orders rendered by the people's court shall be valid for all those who have registered their rights with the court. Such judgments or written orders shall apply to those who have not registered their rights but have instituted legal proceedings during period of limitation of the action.Article 56 If a third party considers that he has an independent claim to the object of action of both parties. he shall have the right to bring an action. Where the outcome of the case will affect a third party's legal interest. such party. though having no independent claim to the object of action of both parties. may file a request to participate in the proceedings or the people's court shall notify the third party to participate. A third party that is to bear civil liability in accordance with the judgment of the people's court shall be entitled to the rights and obligations of a party in litigation.Section 2 Agents ad LitemArticle 57 Any person with no legal capacity to engage in litigation shall have his guardian or guardians as statutory agents to act for him in a lawsuit. If the statutory agents try to shift responsibility as agents ad litem upon one another. the people's court shall appoint one of them to represent the person in litigation.Article 58 A party to an action. or statutory agent may appoint one or two persons to act as his agents ad litem.A lawyer. a near relative of the party. a person recommended by a relevant social organization or a unit to which the party belongs or any other citizen approved by the people's court may be appointed as the party's agent ad litem.Article 59 When a person appoints another to act on his behalf in litigation. he must submit to the people's court a power of attorney bearing his signature or seal.The power of attorney must specify the matters entrusted and the powers conferred. An agent ad litem must obtain special powers from his principal to admit. waive or modify claims. or to compromise or to file a counterclaim or an appeal.A power of attorney mailed or delivered through others by a citizen of the People's Republic of China residing abroad must be certified by the Chinese embassy or consulate accredited to that country. If there is no Chinese embassy or consulate in that country. the power of attorney must be certified by an embassy or a consulate of a third country accredited to that country that has diplomatic relations with the People's Republic of China. and then transmitted for authentication to the embassy or consulate of the People's Republic of China accredited to that third country. or it must be certified by a local patriotic overseas Chinese organization.Article 60 A party to an action shall inform the people's court in writing if he changes or revokes the powers of an agent ad litem. and the court shall notify the other party of the change or revocation.Article 61 A lawyer who serves as an agent ad litem and other agents ad litem shall have the right to investigate and collect evidence. and may have access to materials pertaining to the case. The scope of and rules for consulting materials pertaining to the case shall be specified by the Supreme People's Court.Article 62 In a divorce case in which the parties to the action have been represented by their agents ad litem. the parties themselves shall still appear in court in person. unless they are incapable of expressing their own will. A party who is truly unable to appear in court due to a special reason shall submit his views in writing to the people's court.。
国际法中的禁止反言原则
国际法中的禁止反言原则摘要:国际法中的禁止反言原则，是将英美法中的禁止反言原则类比适用于国际社会的产物。
在国际法中，禁止反言原则不但是一项国际法中的一般法律原则，还构成国际习惯法规则。
禁止反言是以诚信原则，禁止不一致行为和契约理论未基础构建起来的国际法原则。
在端隆寺案中，国际法院可能出于维持现状的考虑而忽略了适用禁止反言原则的限制性条件。
建议国际法院对禁止反言原则采取更系统的做法,确保该理论的效力，维护国际法的法律确定性。
关键词：国际法；禁止反言;诚信原则；端隆寺案The principle of Estoppel in International LawLIANG Fei-yun(School of International Law，Northwest University of Political Science and Law, Xi'an 710061，ShaanxiAbstract:The principle of Estoppel in international law is the product of applying the principle of Estoppel in Anglo American law to the international community. In international law, estoppel is not only a general legal principle in international law, but also a rule of international customary law.Estoppel is an general principle based on the good faith, the prohibition of inconsistent acts and the theory of contract.In the Temple of Preah Vihear case, the International Court of justice may have neglected the restrictive conditions for the application of the estoppel principle for the sake of maintaining the status quo.It is suggested that the International Court of justice should adopt a more systematic approach to the estoppel principle to ensure the effectiveness of the theory and maintain the legalcertainty of international law.Key Word:International Law；Estoppel；Good Faith；Temple of Preah Vihear case一、前言从语义上来说，“禁止反言”一词来源于法语单词estophiper，意思是关闭一个开口。
国际法复习资料
国际法Chapt er 1 Intr oductionNam e of Int ernational Law 国际法的名称Jus gentium万民法the law of nations 万国法Int ernational law 国际法public int ernatio nal law 国际公共法the natur e of int ernatio nal law 国际法的性质Feat ur es of int ernational law 国际法的特征1. Subject s. 主体St at es ar e t he m os t impo rtant subject s 国家是最重要的主体2. Sour ces. 渊源It s m ain sour ces ar e agr eem ent s am ong s t at es. 最主要的渊源是国际条约3. Object s. 对象It is m ainly concerned with governing t he r elations between, and t he conduct of ,s t at es. 主要涉及国家之间的关系4. The enfo r cem ent of int e rnatio nal law. 国际法的执行Int ernatio nal law is enfo r ced t hrough the Unit ed Nations and t he Int ernational Court Jus t ice. The r ole o f self-help, eit her thr ough diplo m atic m eans o r t he use of arm ed fo r ce in self-defence, should no t be under es tim ated. 国际法是执行通过联合国和国际法院的法官。
社会契约论(双语版)
BOOK THREE
CHAPTER 1 Government in General CHAPTER 2 The Principle which Constitutes the Different Forms of Government CHAPTER 3 Classification of Governments CHAPTER 4 Democracy CHAPTER 5 Aristocracy CHAPTER 6 Monarchy CHAPTER 7 Mixed Governments CHAPTER 8 That Every Form of Government Is Not Fit for Every Country
4 第八章论任何
一种政府形式 都不能适用于 所有国家
5
第九章论一个 好政府的标志
第十章论政府 1
的滥用权力和 它衰退的倾向
2
第十一章论政 治体的灭亡
3 第十二章论如
何维持主权权 威
4 第十三章论如
何维持主权权 威（续）
5 第十四章论如
何维持主权权 威（再续）
第十五章论议员或代 表
第十六章论政府的建 立不是一项契约
作者介绍
同名作者介绍
卢梭（Jean-Jacques Rousseau，1712年6月28日-1778年7月2日），出生于日内瓦，法国伟大的哲学家、 教育家、思想家、文学家，18世纪法国大革命的思想先驱，启蒙运动的代表人物之一。 1722年，寄宿在郎拜尔 西埃牧师家，学习古典语文、绘图、数学。1732年，做土地测量工作，自学数学。1737年，因化学实验双眼受伤， 到沙尔麦特村养病。1742年，在巴黎科学院提出《新乐谱记谱法》。1743年，写成歌剧《风雅的缪斯》，以教音 乐、抄乐谱为生。1749年，撰写《百科全书》的音乐部分。1750年，因应征论文《论科学与艺术》获第戎学院奖 金，而声名鹊起。1778年7月2日，在巴黎逝世。卢梭一生颠沛流离，因发表《科学与艺术的进步是否有助敦化风 俗》而闻名，主要著作有《社会契约论》《论人类不平等的起源和基础》等。
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after 1945) Principle of prohibition of the threat or use of force
A. subsequent reiteration or interpretation B. aggression
On other general principles
The principle of peaceful settlement of
international disputes The principle of non-intervention in internal affairs of any State The principle of fulfillment of international obligations in good faith The principle of international cooperation The principle of equal rights and selfdetermination of peoples
A. Westphalia system B. bourgeois revolution C. World War Two and UN Charter D. Liberation Movement E Times of globalization (sustainable development)
General Principles of International Law
Lecturer: Jiang he
Introduction to general principles
Definition (universal acceptance and
application, cornerstone) Distinction with Jus cogens(Art.53) The finding of general principles The development of the principles
Five principles of peaceful co-exisple of sovereign equality of States
Westphalia system and sovereign states
The liberation tide after the 2nd world war Major components of the principles
Exceptions of the use of force (jus ad bellum)
A.Self-defence B.authorisation by UNSC C. Recommendation by GA D. National liberation fights
Jus in bello ( Law of The Hague and Geneva )
Related instruments or principles
UN Charter
Art. 1 Purposes and Art.2 Principles The significance of UN Charter A. Initiation and its background B. Contents of the principles C. Logic in the principles D. Significance of the principles
Development in the era of globalization
A. State sovereignty and erga omnes B. State sovereignty and super-state international organization (EU)
The principle of prohibition of the threat or use of force