International law is the term commonly used for referring to the system of implicit and explicit agreements that binds together nation-states in adherence to recognized values and standards, differing from other legal systems in that it concerns nations rather than private citizens[1]. However, the term "International Law" can refer to three distinct legal disciplines:
- public international law, which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions. Public international law concerns the structure and conduct of States and Intergovernmental organizations.
- private international law, or conflict of laws, which addresses the questions of (1) in which legal jurisdiction may a case be heard; and (2) the law of which jurisdiction(s) apply to the issues in the case
- supranational law or the law of supranational organizations, which concerns at present regional agreements where the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a supranational legal system. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving Supranational law is a form of international law based on the limitation of the rights of sovereign nations between one another
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Public International law
Public international law (or international public law) concerns the relationships between subjects of international law, including sovereign nations, international organizations, and in some cases, movements of national liberation (wars of national liberation) and armed insurrectional movements (see insurgency). Public international law concerns the structure and conduct of States and Intergovernmental organizations. Wars of national liberation are conflicts fought by indigenous military groups against an imperial power in the name of Self-determination, thus attempting An insurgency is a violent internal uprising against a sovereign government that lacks the organization of a revolution The norms of international law have their source in either custom (consistent state practice with opinio juris), or conventional agreements, i. Opinio juris sive necessitatis ("an opinion of law or necessity" or simply opinio juris' ("an opinion of law" is the belief that an Action e. , treaties (treaty). A Treaty is an agreement under International law entered into by actors in international law namely States and International organizations.
International law has existed since the Middle Ages (see Islamic international law), but much of its modern corpus began developing from the middle of the 19th century. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. The two World Wars, the League of Nations and other international organizations such as the International Labor Organization all contributed to accelerate this process and established much of the foundations of modern public international law. The League of Nations was an International organization founded as a result of the Treaty of Versailles in 1919–1920 The International Labour Organization After the failure of the Treaty of Versailles and World War II, the League of Nations was replaced by the United Nations, founded under the UN Charter. The Treaty of Versailles was one of the peace treaties at the end of World War I. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security The United Nations Charter is the Treaty that forms and establishes the International organization called the United Nations. The UN has developed new advisory standards, such as the Universal Declaration of Human Rights. The Universal Declaration of Human Rights ( UDHR) is a declaration adopted by the United Nations General Assembly ( 10 December 1948 at Palais Other international norms and laws have been established through international agreements; e. g. the Geneva Conventions on the conduct of war or armed conflict, as well as by other international organizations such as the ILO, the World Health Organization, the World Intellectual Property Organization, the International Telecommunication Union, UNESCO, the World Trade Organization, and the International Monetary Fund. The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian War is an international relations Dispute, characterized by organized Violence between National Military units The International Labour Organization The World Intellectual Property Organization ( WIPO) is one of the 16 specialized agencies of the United Nations. United Nations Educational Scientific and Cultural Organization ( UNESCO) is a specialized agency of the United Nations established on November 16 The International Monetary Fund ( IMF) is an International organization that oversees the Global financial system by following the Macroeconomic Thus later law is of great importance in the realm of international relations.
Conflict of laws
Conflict of laws, often called "private international law" in civil law jurisdictions, is less international than public international law. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. It is distinguished from public international law because it governs conflicts between private persons, rather than states (or other international bodies with standing). It concerns the questions of which jurisdiction should be permitted to hear a legal dispute between private parties, and which jurisdictions law should be applied, therefore raising issues of international law. Choice of law is a procedural stage in the litigation of a case involving the Conflict of laws when it is necessary to reconcile the differences between the laws of Today corporations are increasingly capable of shifting capital and labor supply chains across borders, as well as trading with overseas corporations. A corporation is a separate legal entity usually used to conduct business A supply chain or logistics network is the system of organizations people technology activities information and resources involved in moving a product or service from This increases the number of disputes of an inter-state nature outside a unified legal framework and raises issues of the enforceability of standard practices. Increasing numbers of businesses use commercial arbitration under the New York Convention 1958. Arbitration, a form of Alternative dispute resolution (ADR is a legal technique for the resolution of Disputes outside the Courts wherein the The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, was adopted by a United Nations diplomatic conference
Supranational law
The European Union
The European Union is the first and only example of a supra-national legal framework, where sovereign nations have pooled their authority through a system of courts and political institutions. Supranational law is a form of international law based on the limitation of the rights of sovereign nations between one another The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in This article refers to the European Union court not the European Court of Human Rights of the Council of Europe The Court of Justice The European Parliament ( Europarl or EP) is the only directly elected parliamentary institution of the European Union (EU It constitutes a new legal order in international law [1] [2] for the mutual social and economic benefit of the member states.
East Africa Community
There are ambitions to make the East African Community, consisting of Kenya, Tanzania, Uganda, Burundi and Rwanda, a political federation with its own form of binding supranational law by 2010. The East African Community ( EAC) is an intergovernmental organisation comprising five east African countries The Republic of Kenya is a country in East Africa. It is bordered by Ethiopia to the north Somalia to the northeast Tanzania to the south Tanzania ˌtænzəˈniːə officially the United Republic of Tanzania (Jamhuri ya Muungano wa Tanzania is a country in East Africa bordered by Kenya The Republic of Uganda is a Landlocked country in East Africa. Burundi (buˈɾundi officially the Republic of Burundi, is a small country in the Great Lakes region of Eastern Africa bordered by Rwanda The Republic of Rwanda (ruːˈændə or /rəˈwɑːndə/ in English ɾwanda or in Kinyarwanda is a small Landlocked country in the For the film see 2010 The Year We Make Contact. For the book see 2010 Odyssey Two.
See also
- List of International Court of Justice cases
- Law of war and International humanitarian law
- Martens Clause
References
- ^ Shaw, Malcolm N (2003). This is a list of cases and Advisory opinions brought to the International Court of Justice since its creation in 1946 The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war International humanitarian law ( IHL) often referred to as the Laws of war, the laws and customs of war or the law of armed conflict The Martens Clause was introduced into the preamble to the 1899 Hague Convention II &ndash Laws and Customs of War on Land International Law. Cambridge University Press; 5 edition, 1-2. ISBN 978-0521531832.
- ^ C-26/62 Van Gend en Loos v. Nederlanse Administratie Der Belastingen
Dictionary
international law
-noun
- Law which involves, for instance, the United Nations, maritime law, international criminal law and the Geneva Convention.
- Law which addresses the question of which legal jurisdiction cases may be heard in.
- Law covering situations where the laws of nation states are held inapplicable when conflicting with a supranational legal system.
- The term commonly used for referring to the system of implicit and explicit agreements that bind together nations.
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