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  • International Law

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    anonymousninjat
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    This document provides an overview of international law. It defines international law as the body of rules regulating activities outside state boundaries, including between states, states and persons, and persons and persons. The main sources of international law are treaties agreed upon by states, and customary law that has become generally accepted over time. The key entities in international law are states, which have sovereignty over a territory and population; international organizations set up by states; and individuals and businesses. Disputes are typically settled through negotiation, mediation, inquiry or international tribunals like the International Court of Justice. Judgments from the ICJ are not binding but states often comply voluntarily.

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    International Law

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    This document provides an overview of international law. It defines international law as the body of rules regulating activities outside state boundaries, including between states, states and persons, and persons and persons. The main sources of international law are treaties agreed upon by states, and customary law that has become generally accepted over time. The key entities in international law are states, which have sovereignty over a territory and population; international organizations set up by states; and individuals and businesses. Disputes are typically settled through negotiation, mediation, inquiry or international tribunals like the International Court of Justice. Judgments from the ICJ are not binding but states often comply voluntarily.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    61 views13 pages

    International Law

    Uploaded by

    anonymousninjat
    This document provides an overview of international law. It defines international law as the body of rules regulating activities outside state boundaries, including between states, states and persons, and persons and persons. The main sources of international law are treaties agreed upon by states, and customary law that has become generally accepted over time. The key entities in international law are states, which have sovereignty over a territory and population; international organizations set up by states; and individuals and businesses. Disputes are typically settled through negotiation, mediation, inquiry or international tribunals like the International Court of Justice. Judgments from the ICJ are not binding but states often comply voluntarily.

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    of 13

    Copyright by LLM Ho Thuy Ngoc, 2008 1

    A
    A
    A
    a
    Country A
    B
    B
    B
    b
    Country B
    Private
    International Law
    Public International
    Law
    International law
    Copyright by LLM Ho Thuy Ngoc, 2008 2
    Definition
    International law is the body of rules that
    regulates activities carried on outside the legal
    boundaries of states
    States and states
    States and persons
    Persons and persons
    Copyright by LLM Ho Thuy Ngoc, 2008 3
    Sources of International law
    Nation A
    Nation B
    Agreed/
    signed
    International treaty
    Convention
    Agreement
    Protocol, etc.
    Get used to
    Customary law
    Copyright by LLM Ho Thuy Ngoc, 2008 4
    International treaties
    Treaties legally binding agreements between
    two or more states
    Conventions are legally binding agreements
    between states sponsored by international
    organizations.
    Binding upon states because of a shared sense
    of commitments and fear
    Copyright by LLM Ho Thuy Ngoc, 2008 5
    Custom
    Some rules have been around for such a long
    time or are generally accepted
    Internationally customary law is not fixed
    Copyright by LLM Ho Thuy Ngoc, 2008 6
    Personalities of international law
    States:
    International organization
    Businesses
    Individuals
    Copyright by LLM Ho Thuy Ngoc, 2008 7
    States
    - Political entities having a territory, population,
    government
    - Independence state
    - Dependence state
    Recognition
    Formal acknowledgment or acceptance by a
    government of the independence and
    sovereignty of a newly created state or of a
    newly established government in another state
    Copyright by LLM Ho Thuy Ngoc, 2008 8
    Territorial Sovereignty
    The right to exercise the functions of a state
    within a territories
    States enjoy State immunity, i.e. A state is
    absolute immune and cannot be brought to a
    foreign court no matter what activities it is
    involved in or what injuries it may cause
    Copyright by LLM Ho Thuy Ngoc, 2008 9
    Major legal systems in the world
    *****
    Roman-
    German law
    Common law Socialist law Others
    Copyright by LLM Ho Thuy Ngoc, 2008 10
    International organization
    A permanent organizations set up by two or
    more states to carry on activities of common
    interest.
    Copyright by LLM Ho Thuy Ngoc, 2008 11
    Dispute Settlement
    Formally applied only to disputes between
    states
    Negotiation: process of reaching agreement by
    discussion
    Mediation: use of third party as a channel of
    communication when all parties consent to it.
    (South Africa policy of aparthied- internal matter)
    Inquiry: process to determine a disputed fact or
    facts
    Formally applied only to disputes between
    states
    Copyright by LLM Ho Thuy Ngoc, 2008 12
    Through international tribunals
    International Court of Justice
    Created in 1945
    Organ of UN
    Jurisdiction over two cases: between states,
    requested by organs of UN
    Copyright by LLM Ho Thuy Ngoc, 2008 13
    Effect of Judgment
    No binding force- Voluntarily complied
    If loser refuses to comply, the other may have
    recourse to the Security Council.

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