Treaties are very important in the perspective of foreign-related rule of law.Through the formulation and implementation of treaties,a state may express its political stance and legal demands as much as possible,and thereby influence the forming of new pattern international relations;at the same time,a state may coordinate the relationship among relevant domestic state organs in the process of treaty formulation,implementation,and application,so as to maximize the realization of national interests.The study of treaties should start from basic issues.Typology analysis on treaties is such a work.The intention to distinct treaties from agreements is to divide the contracting power between legislative and administrative organs.If the boundary between treaties and agreements is not clear,the administrative organs may erode the power of the legislative organs.The distinction between public law treaties and private law treaties can clarify the applicable subjects of each treaty,and also determine the application mode of treaties in China.If application could be defined as the criteria to judge rights and obligations,only private law treaties can be applied domestically.At the international level,it is difficult to define the effect hierarchy of various treaties,but within a state,the effect hierarchy of treaties do exist.To define the effect hierarchy of treaties is not only necessary to resolve the conflict between treaties,but also to resolve conflicts between treaties and domestic laws.State practice today seems to be pushing treaties to undergo a transformation'from contract to organization',but the nature of treaties determined by the principles of sovereign equality and freedom of contract was not substantially changed.
foreign-related rule of lawtypology of treatiesprivate law treatiesapplication of treatieseffect hierarchy of treaties
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