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Public international law PDF
Characteristics of international law
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International law is basically the rules and principles which controls and governs the trade relations within different nations around the globe. The international law can be specifically defined as the relation between individuals and states, and relation between different organizations operating on a global level. Basically there are two kinds of laws governing the international trade scene namely: public international laws and private international laws. Public international law is concerned with the rights between nations and its citizens whereas, private international laws deals with activities between private person, jurisdicaial or natural, in concern with relationship to more than one nation. However, recently the line existing between private and public international law has been very unpredictable. Even though both these laws are interconnected, many times in certain areas of activities conflicts and contradictions can normally arise.
1 International Law includes the basic, classic concepts of law in national legal systems - status, property, obligation, and tort (or delict). It also includes substantive law, procedure, process and remedies. International Law is rooted in acceptance by the nation states which constitute the system. International law is a crucial aspect in international trading and it is mainly concerned with cross border transactions. Since international traders are highly subjected to international trade laws and policies, they work in good collaboration with legal professionals and international trade consultants.
1 Cornell University of Law School. 2010. International Law. [ONLINE] Available at: http://topics. law.cornell .edu/wex/ International _ law. [Accessed 18 February 11].
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... legal frame work related to international trade .The development and progression in transport, communication and technical field has given a new dimension to the commercial world and demands a high legal strategy from national and International legal authorities.
At the present stage, China and India are the rapidly progressing nations and the former has occupied the leading position in the international trade scenario. Every country in the progressive stage is upgrading and closely monitoring the trade policies to make the working procedures of commercial activities across the international boundaries easy and comfortable. Another major factor is that international trade is far more expensive and cost consuming than domestic trade and a strong and flexible trade policy is very essential for the free trade among nations to grow economically in a consistent way.
Mingst, K. A. (2011). Essentials of international relations. (5th ed., p. 79). New York, NY: W.W. Norton & Company.
Drumbl, M. B. (2007). International Decisions. American Society of International Law , 101 (4), 841-848.
Secondly, the existence of merchant may maintain the stability in border areas (South-East). And the oversea trade is also an extremely part of the tribute system that can display China’s powerfulness. Lastly,the author calls for lax of business environment and tax policy with the expectation of trade
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
International law is a body of legally binding rules that are suppose to govern the relations between sovereign states. (Cornell Law School) In order to be a qualified subject, a state has to be sovereign. To be considered sovereign the state needs to have territory, a population, and a government that is recognized or legitimized to most other states. In the more modern explanation of international law now can include the rights and obligation on intergovernmental international organizations and even individuals. Examples of an international organization would be Greenpeace or the United Nations and an example of an individual would be war criminals, a leader of a state that violated human rights during a time of war. When a dispute arise and cannot be solved amongst the two actors involved they can turn to the U.N. to arbitrate and to the International Court of Justice, one of many courts within the U.N. to find a resolution to their problem. The International Court of Justice’s main task is to help settle legal disputes submitted to it by states and...
In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations.
International law consists of international agreements to which countries have approved upon to be bound. Customary principles, which have been recognized by the international community as being ‘law’ and general principles of that law, are accepted by nations. However the problem lies when unlike domestic law, as there is no system of punishment or police to enforce international law if a country acts unlawful. If a country breaks international law, The international community has two options; they can chose to wither take military force against it, but evidently this happens extremely rare in practice or act through
...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
Mingst, K. (2011). Essentials of international relations. (5th ed., p. 70-1). New York, NY: W.W. Norton & Company
Members of The United Nations have a duty “to maintain international peace…in conformity with the principles of justice and international law.”[1] China, a core member of the United Nations since its formation in 1945, fails to comply with international human rights’ norms set forth by The United Nations Charter. This failure is noticeably prevalent in the practices of the Chinese Legal System. Its judicial proceedings in handling peaceful, political dissenters fail to provide the minimum protection of human rights guaranteed to all through international law. By examining accounts of Tibetans detained for such peaceful protests, this paper will set out to highlight the discrepancies between Chinese enforcement of international law in theory and in practice. Before this paper goes any further, the notion of international law must be explained. Providing a better understanding of international law will make easier the task of highlighting China’s struggles with enforcing such standards.
In order for international trade to work well, governments must allow the world market to determine how goods are sold, manufactured and traded for all to economically prosper. While all nations may have the capability to produce any goods or services needed by their population, it is not possible for all nations to have a comparative advantage for producing a good due to natural resources of the country or other available resources needed to produce a good or service. The example of trading among states comprising the United States is an example of how free trade works best without the interve...
Firstly, what should be noted here is that international trade has been providing different benefits for firms as they may expand in different new markets and raise productivity by adopting different approaches. Given that nowadays marketplace is more dynamic and characterized by an interdependent economy, the volume of international trade has grown substantially in recent years, reducing the barriers to international trade. However, after experiencing the economic crisis that took its toll in 2008 many countries adopted a different approach in terms of trade barriers by introducing higher tariffs in order to protect domestic firms from foreign competition (Hill). Secondly, in order to better understand the implications of the political arguments for trade it is essential to highlight the main instruments of trade policy (See appendix 1).
Tanzi, Attila., Problems of Enforcement of Decisions of the International Court of Justice and the Law of the United Nations, EJIL, 6, (1995) 539-572.
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...