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Encyclopedia > International law
Providing a constitution for public international law, the United Nations was conceived during World War II
Providing a constitution for public international law, the United Nations was conceived during World War II

International law is the term commonly used for referring to the system of implicit and explicit agreements that bind 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.
  • 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 concerning 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.

Contents

International law deals with the relationships between states, or between persons or entities in different states. ... Private International Law, International Private Law, or Conflict of Laws is that branch of law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied as the lex causae. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ...

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). The norms of international law have their source in either custom (consistent state practice with opinio juris), or conventional agreements, i.e., treaties (treaty). Also, while infrequent, international law can be derived from academic and expert legal opinions (soft law) and globally accepted standards of human behaviour (peremptory norm sometimes known as jus cogens norms or ius cogens) International law deals with the relationships between states, or between persons or entities in different states. ... Flag of Mozambique — independent since 1975, with the Kalashnikov as symbol of the armed struggle against the Portuguese empire, the book as symbol of instruction and a farm instrument as symbol of economic growth Wars of national liberation are conflicts fought by indigenous military groups against an imperial power in... “Insurrection” redirects here. ... Opinio juris sive necessitatis or Opinio juris is the belief that a behavior was done because it was a legal obligation. ... The first two pages of the Treaty of Brest-Litovsk, in (left to right) German, Hungarian, Bulgarian, Ottoman Turkish and Russian A treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. ... The term soft law refers to quasi-legal instruments which do not have any binding force, or whose binding force is somewhat weaker than the binding force of traditional law, often referred to as hard law, in this context. ... A peremptory norm (also called jus cogens, Latin for compelling law) is a fundamental principle of international law considered to have acceptance among the international community of states as a whole. ...


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. 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. 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 UN has developed new advisory standards, such as the Universal Declaration of Human Rights. 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. Thus later law is of great importance in the realm of international relations. The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ... Sharia (Arabic: transliteration: ) is the body of Islamic religious law. ... 1939–1941 semi-official emblem Anachronous world map in 1920–1945, showing the League of Nations and the world Capital Not applicable¹ Language(s) English, French and Spanish Political structure International organization Secretary-general  - 1920–1933 Sir James Eric Drummond  - 1933–1940 Joseph Avenol  - 1940–1946 Seán Lester Historical... For other meanings of the ILO abbreviation, see ILO (disambiguation). ... This article is about the Treaty of Versailles of June 28, 1919, which ended World War I. For other uses, see Treaty of Versailles (disambiguation) . Left to right, Prime Minister David Lloyd George of the United Kingdom, Prime Minister Vittorio Emanuele Orlando of Italy, Prime Minister Georges Clemenceau of France... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... UN redirects here. ... The United Nations Charter is the constitution of the United Nations. ... The Universal Declaration of Human Rights (abbreviated UDHR) is an advisory declaration adopted by the United Nations General Assembly (A/RES/217, 10 December 1948 at Palais de Chaillot, Paris). ... Original document. ... -1... For other meanings of the ILO abbreviation, see ILO (disambiguation). ... WHO redirects here. ... The World Intellectual Property Organization (WIPO) (French: Organisation mondiale de la propriété intellectuelle or OMPI) is one of the specialized agencies of the United Nations. ... The International Telecommunication Union (ITU; French: Union internationale des télécommunications, Spanish: Unión Internacional de Telecomunicaciones) is an international organization established to standardize and regulate international radio and telecommunications. ... Org type Specialized Agency Acronyms UNESCO Head Director General of UNESCO Koïchiro Matsuura Japan Status Active Established 1945 Website www. ... -1... IMF redirects here. ...


Conflict of laws

Main article: Conflict of laws

Conflict of laws, often called "private international law" in civil law jurisdictions, is less international than public international law. 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. 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. Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... For other uses of civil law, see civil 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 different legal jurisdictions, such as states, federated states (as in the US), or provinces. ... For other uses, see Corporation (disambiguation). ... A supply chain, logistics network, or supply network is a coordinated system of organizations, people, activities, information and resources involved in moving a product or service in physical or virtual manner from supplier to customer. ... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Also known as the New York Convention; the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards; and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards) was signed in 10 June...


Supranational law

Main article: Supranational law

Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ...

The European Union

Main article: European Union law

The European Union is a concept without definition. The world has never seen such a system. It is the first and only example of a near supra-national legal framework, where sovereign nations have pooled their authority through a system of courts and political institutions. It constitutes a new legal order in international law [1] [2] for the mutual social and economic benefit of the member states. The European Union, however, cannot be considered as a nation (federal state) in itself or a supra or super-nation because all member states retain the option to withdraw from the union. European Union law is the unique legal system which operates alongside the laws of Member States of the European Union (EU). ... Official emblem of the ECJ The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court in the European Union (EU). ... Established 1952, as the Common Assembly President Hans-Gert Pöttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) Gérard Onesta (Greens – EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel Martínez Martínez (PES) Luigi Cocilovo (ALDE) Mechtild... A federal state is one that brings together a number of different political communities with a common government for common purposes, and separate state or provincial or cantonal governments for the particular purposes of each community. ...


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. Anthem To Be Determined Arusha, Tanzania Membership 5 East African states Leaders  -  Secretary General Juma Mwapachu Area  -  Total 1,817,945 km²   sq mi  Population  -   estimate 124,858,568   -  Density 55 /km²   /sq mi GDP (PPP) 2005 estimate  -  Total US$ 104. ... 2010 (MMX) will be a common year starting on Friday of the Gregorian calendar. ...


External Links

See also

This is a list of cases and advisory opinions brought to the International Court of Justice since its creation in 1946. ... The laws of war (Jus in bello) define the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. ... International humanitarian law (IHL), also known as the law of war, the laws and customs of war or the law of armed conflict, is the legal corpus comprised of the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law. ... The Martens Clause was introduced into the preamble to the 1899 Hague Convention II – Laws and Customs of War on Land[1]. The clause took its name from a declaration read by Fyodor Fyodorovich Martens,[2] the Russian delegate at the Hague Peace Conferences 1899 and was based upon his...

References

  1. ^ Shaw, Malcolm N (2003). International Law. Cambridge University Press; 5 edition, 1-2. ISBN 978-0521531832. 
  2. ^ C-26/62 Van Gend en Loos v. Nederlanse Administratie Der Belastingen
Supranationalism is a method of decision-making in international organizations, wherein power is held by independent appointed officials or by representatives elected by the legislatures or people of the member states. ... World empire redirects here. ... Supranationalism is a method of decision-making in international organizations, wherein power is held by independent appointed officials or by representatives elected by the legislatures or people of the member states. ... For theological federalism, see Covenant Theology. ... The monarchs of the member states of the German Confederation meet at Frankfurt in 1863. ... Intergovernmentalism is a theory of decision-making in international organizations, where power is possessed by the member-states and decisions are made by unanimity. ... Anti-nationalism is the idea that nationalism is undesirable or even dangerous in one form or another, and sometimes, though less often, the idea that all nationalism is dangerous and unfavourable in all cases. ... Economic globalization has had an impact on the worldwide integration of different cultures. ... Mundialization is the name of one of the movements aiming at democratic globalization. ... In computer security, PaX is a patch for the Linux kernel that implements least privilege protections for memory pages. ... UN redirects here. ... This article does not cite any references or sources. ... IMF redirects here. ... World Bank Group logo The World Bank Group (WBG) is a family of five international organizations responsible for providing finance and advice to countries for the purposes of economic development and eliminating poverty. ... -1... EU redirects here. ... Headquarters Cairo, Egypt1 Official languages Arabic Membership 22 Arab states 2 observer states Leaders  -  Secretary General Amr Moussa (since 2001)  -  Council of the Arab League Sudan  -  Speaker of the Arab Parliament Nabih Berri Establishment  -  Alexandria Protocol March 22, 1945  Area  -  Total 13,953,041 (Western Sahara Included) = 13,687,041... Anthem Let Us All Unite and Celebrate Together [1] Administrative Centre Working languages Arabic English Spanish French Portuguese Swahili Membership 53 African states Leaders  -  Chairman Jakaya Kikwete  -  Jean Ping Establishment  -  as the OAU May 25, 1963   -  as the African Union July 9, 2002  Area  -  Total 29,757,900 km² (1st1...  Full member states  Observer States Political centres Brasília[1] Quito Cochabamba Bogota , Largest city São Paulo Official languages 4 Dutch English Portuguese Spanish Ethnic groups (2007) 7 White (46%) Mulatto (21%) Mestizo (21%) Amerindian (6%) Black (4%) Mixed (<1%) Other (2%) Demonym South American Member states 12 Argentina...  Member states  Observer states  Taiwan (Disputed) Secretariat RATS Beijing, China (PRC) Tashkent, Uzbekistan Working languages Russian, Chinese Membership 6 member states 4 observer states Leaders  -  Secretary General Bolat Nurgaliyev Establishment 15 June 2001 Website http://www. ... Hymn The ASEAN Hymn Jakarta, Indonesia Membership 10 Southeast Asian states Leaders  -  Secretary General Ong Keng Yong Area  -  Total 4,497,4931 km²  Expression error: Unrecognised punctuation character , sq mi  Population  -   estimate 566. ... Headquarters Washington, D.C. Official languages English, French, Portuguese, Spanish Membership 35 countries Leaders  -  Secretary General José Miguel Insulza Chile (since 26 May 2005) Establishment  -  Charter first signed 30 April 1948 in effect 1 December 1951  Website http://www. ...  Afghanistan  Bangladesh  Bhutan  India  Maldives  Nepal  Pakistan  Sri Lanka Headquarters Kathmandu, Nepal Statistics Area  - Total 7th if ranked 5,130,746 km² Population  - Total (2004)  - Density 1st if ranked 1,467,255,669 285. ... Spanish president in the General Assembly in New York Org type: Principal Organ Acronyms: GA, UNGA Head: President of the UN General Assembly As of 18 September 2007 Srgjan Kerim former Yugoslav Republic of Macedonia Status: Active Established: 1945 Website: www. ... Established 1952, as the Common Assembly President Hans-Gert Pöttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) Gérard Onesta (Greens – EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel Martínez Martínez (PES) Luigi Cocilovo (ALDE) Mechtild... In the Arab League Summit of 2001-Amman, the Arab States have agreed to create the Arab League Parliament, and came up with a resolution to give the secretary general of the Arab League the power to start and create the Parliament. ... The Pan-African Parliament is the legislative body of the African Union; at present it exercises oversight, and has advisory and consultative powers. ... The Latin American Parliament (Parlatino), is a regional, permanent and unicameral organism, integrated from the national Parliaments of Latin America, elected democratically by means of universal suffrage in countries that ratified the corresponding Treaty of Institutionalization signed on the 16 November 1987 in Lima, Peru, and those whose States adhered... The Central American Parliament, also know by the abbreviation Parlacen (from the Spanish Parlamento Centroamericano) is a political institution devoted to the integration of the Central American countries. ... The Inter-Parliamentary Union is an international organization established in 1889 by William Randal Cremer (United Kingdom) and Frédéric Passy (France). ... The official logo of the ICC The International Criminal Court (ICC or ICCt)[1] was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression. ... See also International Commission of Jurists Peace Palace, seat of the ICJ. Org type Principal Organ Acronyms ICJ, CIJ Head President of the ICJ Dame Rosalyn Higgins DBE Status Active Established 1945 Website www. ... The Tribunal building in The Hague. ... The African Court of Justice will at some point in the future be merged with the African Court on Human and Peoples Rights and be the African Unions legal organ. ... The Central American Court of Justice was an international court established by five Central American states by a treaty signed December 20, 1907 at Washington, D.C. Categories: Law stubs ... The Caribbean Court of Justice (CCJ) is a regional Caribbean-based institution in Port-of-Spain, Trinidad and Tobago. ... Official emblem of the ECJ The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court in the European Union (EU). ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... This article or section does not cite any references or sources. ... Rome Statute of the International Criminal Court Opened for signature June 17, 1998[1] at Rome Entered into force July 1, 2002 Conditions for entry into force 60 ratifications Parties 99[2] The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International... The Kyoto Protocol is a protocol to the international Framework Convention on Climate Change with the objective of reducing greenhouse gases that cause climate change. ... The Treaties of the European Union are effectively the basic constitutional texts of the Union. ... The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU). ... 1939–1941 semi-official emblem Anachronous world map in 1920–1945, showing the League of Nations and the world Capital Not applicable¹ Language(s) English, French and Spanish Political structure International organization Secretary-general  - 1920–1933 Sir James Eric Drummond  - 1933–1940 Joseph Avenol  - 1940–1946 Seán Lester Historical... The Permanent Court of International Justice, sometimes called World Court, was the international court of the League of Nations established in 1922. ... For the 1947 Soviet film about the trials, see Nuremberg Trials (film). ... The Permanent Court of Arbitration (PCA), also known as the Hague Tribunal is an international organization based in The Hague in the Netherlands. ... World empire redirects here. ... A United Nations Parliamentary Assembly, or United Nations Peoples Assembly (UNPA), is a proposed addition to the United Nations System that eventually would allow for direct election of UN delegates by citizens of member states. ... Proposed Central Asian Union A Central Asian Union was proposed by Kazakhstan President Nursultan Nazarbaev on April 26, 2007, consisting of the five Central Asian republics of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. ... In 2004, a committee of the Australian Senate called for the formation of a Pacific Union to comprise the member-states of the Pacific Islands Forum, but with a common charter, institutions and currency. ... Map of the North American Economic and Security Community Hypothetical flag of the North American Union The Independent Task Force on North America was a project organized by the Council on Foreign Relations (U.S.), the Canadian Council of Chief Executives, and the Mexican Council on Foreign Relations. ... Federal Union is a British group launched in November 1938, to advocate a Federal Union of Europe as a post-war aim. ... The World Federalist Movement (WFM) is a global citizens movement with member and associated organizations around the globe. ... A global citizens movement refers to a number of organized and overlapping citizens groups who seek to influence public policy often with the hope of establishing global solidarity on an issue. ... World Union is a non-profit, non-political organisation founded on the 26th November 1958 in Pondicherry, inspired by Sri Aurobindos vision of carrying forward a movement for Human Unity, World Peace and Progress on a Spiritual Foundation. ...

  Results from FactBites:
 
International law - Wikipedia, the free encyclopedia (3370 words)
International law establishes the framework and the criteria for identifying states as the principal actors in the international legal system.
International law is also used to govern issues relating to the global environment, the global commons such as international waters and outer space, global communications, and world trade.
Whilst municipal law is hierarchical or vertical, with the legislature enacting binding legislation, international law is horizontal, with all states being sovereign and theoretically equal.
  More results at FactBites »

 
 

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