Public international law (or international public law) concerns the "treaty relationships between the nations and persons which are considered the subjects of international law. Norms of international law have their source in either:
- custom, or "customary international law (consistent state practice accompanied by "opinio juris),
- globally accepted standards of behavior (peremptory norms known as "jus cogens or ius cogens), or
- codifications contained in conventional agreements, generally termed "treaties.
Article 13 of the United Nations Charter obligates the "UN General Assembly to initiate studies and make recommendations which encourage the progressive development of international law and its codification. Evidence of consensus or state practice can sometimes be derived from intergovernmental resolutions or academic and expert legal opinions (sometimes collectively termed "soft law).
Private international law
Conflict of laws, often called "private international law" in "civil law jurisdictions, 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 jurisdiction's law should be applied, therefore raising issues of international law. Today "corporations are increasingly capable of shifting capital and labor "supply chains across borders, as well as trading with overseas corporations. 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.
Systems of "supranational law" arise when nations explicitly cede their right to make certain judicial decisions to a common tribunal. The decisions of the common tribunal are directly effective in each party nation, and have priority over decisions taken by national courts. The "European Union is an example of an international treaty organization which implements a supranational legal framework, with the "European Court of Justice having supremacy over all member-nation courts in matter of "European Union law.
There are numerous international bodies created by treaties adjudicating on legal issues where they may have jurisdiction. The only one claiming "universal jurisdiction is the "United Nations Security Council. Others are: the United Nations "International Court of Justice, and the "International Criminal Court (when national systems have totally failed and the "Treaty of Rome is applicable) and the "Court of Arbitration for Sport.
East Africa Community
There were 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, but this effort has not materialized.
Union of South American Nations
The Union of South American Nations serves the South American continent. It intends to establish a framework akin to the "European Union by the end of 2019. It is envisaged to have its own passport and currency, and limit barriers to trade.
Andean Community of Nations
The Andean Community of Nations is the first attempt to integrate the countries of the "Andes Mountains in South America. It started with the Cartagena Agreement of 26 May 1969, and consists of four countries: "Bolivia, "Colombia, "Ecuador and "Peru. The Andean Community follows supranational laws, called Agreements, which are mandatory for these countries.
- "Centre for International Law (CIL)
- "Commissions of the Danube River
- "Comparative law
- "Conference of the parties
- "Global administrative law
- "Graduate Institute of International and Development Studies
- "International criminal law
- "International Law Commission
- "International legal theory
- "International litigation
- "Internationalization of the Danube River
- "Law of war and "International humanitarian law
- "List of International Court of Justice cases
- "Martens Clause
- "Pacta sunt servanda (agreements are to be kept)
- "Roerich Pact
- "Rule of Law in Armed Conflicts Project (RULAC)
- "Sources of international law
Notes and references
- "international law". Houghton Mifflin Company. Retrieved 13 September 2011.
- The term was first used by "Jeremy Bentham in his "Introduction to the Principles of Morals and Legislation" in 1780. See "Bentham, Jeremy (1789), An Introduction to the Principles of Morals and Legislation, London: T. Payne, p. 6, retrieved 2012-12-05
- Slomanson, William (2011). Fundamental Perspectives on International Law. Boston, USA: Wadsworth. pp. 4–5.
- Slomanson, William (2011). Fundamental Perspectives on International Law. Boston, USA: Wadsworth. p. 4.
- There is an ongoing debate on the relationship between different branches of international law. Koskenniemi, Marti (September 2002). "Fragmentation of International Law? Postmodern Anxieties". Leiden Journal of International Law. 15 (3): 553–579. "doi:10.1017/S0922156502000262. Retrieved 30 January 2015. Yun, Seira (2014). "Breaking Imaginary Barriers: Obligations of Armed Non-State Actors Under General Human Rights Law – The Case of the Optional Protocol to the Convention on the Rights of the Child". Journal of International Humanitarian Legal Studies. 5 (1-2): 213–257. "SSRN .
- "Private International Law".
- Kolcak, Hakan. "The Sovereignty of the European Court of Justice and the EU's Supranational Legal System".
- Pagden, Anthony (1991). Vitoria: Political Writings (Cambridge Texts in the History of Political Thought). UK: Cambridge University Press. p. xvi. "ISBN "0-521-36714-X.
- Thomas Woods Jr. (18 September 2012). How the Catholic Church Built Western Civilization. Regnery Publishing, Incorporated, An Eagle Publishing Company. pp. 5, 141–142. "ISBN "978-1-59698-328-1.
- China and Her People, "Charles Denby, L. C. Page, Boston 1906 page 203
- S.J. Hoffman, J-A. Røttingen, J. Frenk. 2012. “The Economics of New International Health Laws,” The Lancet 380: S4. doi:10.1016/S0140-6736(13)60290-1.
- S.J. Hoffman, J-A. Røttingen. 2011. “A Framework Convention on Obesity Control?” The Lancet 378(9809): 2068. doi:10.1016/S0140-6736(11)61894-1.
- Slomanson, William (2011). Fundamental Perspectives on International Law. Boston, USA: Wadsworth. pp. 26–27.
- Charter of the United Nations, United Nations, 24 October 1945, 1 UNTS, XVI
- Druzin; Druzin. "Law Without the State: The Theory Of High Engagement and the Emergence of Spontaneous Legal Order within Commercial Systems". Georgetown Journal of International Law. 41: 606.
- Degan, Vladimir Đuro (1997-05-21). Sources of International Law. Martinus Nijhoff Publishers. p. 126. "ISBN "9789041104212. Retrieved 5 December 2015.
- Blanpain, Roger (2010). Comparative Labour Law and Industrial Relations in Industrialized Market Economies. Kluwer Law International. pp. 410 n.61. "ISBN "9789041133489. Retrieved 5 December 2015.
- "Ian Brownlie, Principles of Public International Law (OUP 2008)
- World Encyclopedia of Law, with International "Legal Research and a "Law dictionary
- David L. Sloss, Michael D. Ramsey, William S. Dodge, International Law in the "U.S. Supreme Court, 0521119561, 978-0-521-11956-6 Cambridge University Press 2011
- Anaya, S.J. (2004). Indigenous Peoples in International Law. Oxford University Press. "ISBN "978-0-19-517350-5.
- Klabbers, J. (2013). International Law. Cambridge University Press. "ISBN "978-0-521-19487-7.
- Shaw, M.N. (2014). International Law. Cambridge University Press. "ISBN "978-1-316-06127-5.
|"Library resources about
- UN International Law
- United Nations Rule of Law, the "United Nations' centralised website on the "rule of law
- UNOG Library Legal Research Guide
- Centre for International Law (CIL), Singapore
- International law overview
- Department of International Law, Graduate Institute of International and Development Studies, Geneva
- Primary Legal Documents Critical to an Understanding of the Development of Public International Law
- Public International Law as a Form of Private Ordering