论条约成为国内法

条约成为国内法是必要的,因为条约成为国内法是合理确定条约在法律体系中的位阶的需要,是正确适用条约的需要。条约成为国内法也是可行的,因为条约与国内法一样都是法律,同时国家既是国内法的制定者,又是条约的参与制定者或者认可者,使得条约易于成为国内法;条约对当事国具有法律拘束力,这给国家以压力和动力推动条约成为国内法。对缔约国有效的条约不能自动成为国内法,国家主要通过公布条约并指令实施、通过立法将条约转化为国内法等方式使条约成为国内法。

On Treaty Becoming Domestic Law

It is essential for treaty to become domestic law for which is necessary to rationally determine the rank of treaty in do- mestic legal systems and to properly implement treaty. It is feasible for treaty to become domestic law because treaty is law as with do- mestic law, country is constitutor of domestic law and participator of treaty-making or sanctifier which makes treaty to become domestic law, treaty binding on parties creates both pressures and incentives for treaty becoming domestic law. Treaty binding on parties can not automatically become domestic law, only by publishing treaty, instructing implement treaty, or translating treaty to domestic law by the country