On Definition of the General Concept of"Treaty"——An Analysis from the Perspective of Teaching of Legal Science Based on Textbooks
The education of legal science is a methodological education that focuses on justice and"teach how to fish"."Treaty"is the cornerstone and primary source of international law,and its general concept has become one of the core concepts of the discipline of international law,and contrds the discourse of international rule of Law.The definitions of the general concept of"treaty"given in the textbooks of international law in China mainland are analyzed.It is believed that a proper definition of the general concept of"treaty"should include the"subject"(contracting party),"object"(interest)and"proper judge(s)"(international law)of social relations so as to reveal the content and essence of the treaties as a whole.By examining the entire history and objective status of treaties based materialism,the following definition is proposed:"treaty"means an international agreement concluded usually in written form between States,between State-recognized other international subjects(mainly inter-governmental organizations),and/or between State(s)and State-recognized other international subject(s),governed by international law,aimed by which their right(s)and obligation(s)concerning various matters of interest are determined,and whatever its particular designation.
treatygeneral conceptdefinitionjusticeteaching of lawmethodology
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