| 摘要: |
| 南极由于其独特的地理位置和重要的战略地位，已经成为各国间综合国力比拼、政治博弈、进行国家战略扩张、展现科研能力的重要“舞台”。以《南极条约》为核心的南极条约体系，经过50多年的发展和完善，形成了重要的国际法体系，受到缔约国的尊重和认可。各缔约国政府主要通过制定国内法来执行与南极有关的条约的规定。中国作为《南极条约》的缔约国以及南极条约体系下各类条约的重要成员国，在南极条约地区积极开展各项科研活动，发挥了重要的作用。文章简要概述了国际条约在我国国内适用的方式，结合我国对加入的相关南极条约的国内立法现状，分析目前南极条约适用的法律法规存在的问题，并给出完善国际条约适用体系的建议。 |
| 关键词: 南极 南极条约体系 国内适用 法律法规 |
| DOI： |
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| On the Domestic Application of International Treaties of Antarctic Treaty System in China |
| PENG Peng |
| Beijing Yong Qin Law Firm |
| Abstract: |
| Due to its unique geographical location and important strategical status, the Antarctica has become a significant “stage”, on which various countries compete for their overall national strength, to show scientific research abilities, and to expand their political influences. The Antarctic Treaty and related agreements, collectively known as the Antarctic Treaty System (ATS), regulate international relations with respect to Antarctica. ATS has been developed more than 50 years and its main objective is to ensure the interests of all humankind that Antarctica shall be used exclusively for peaceful purposes and become the scene or object of international discord. China has played an important role as a party member under the ATS. How to make the Antarctic Treaties effective in domestic legal system, it requires to establish a perfect treaty-application system. The paper summarized the theory of the treaty application, combined with the practice status of treaties application in China, particularly focused on the Antarctic Treaties. It also introduced the administrative litigation of the ATS application system in China and analyzed the problems of the present system, emphasized the importance of domestic litigation for the Antarctic Treaties. |
| Key words: the Antarctica, the Antarctic Treaties System, Domestic treaties’ application (litigation), Laws and regulations |
