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.
Drumbl, M. B. (2007). International Decisions. American Society of International Law , 101 (4), 841-848.
International law can go through substantial changes if the privileged legal subjects, states, share a common will. Whenever the circumstances are such, the actors can convene a conference and after a series of negotiations, they might conclude an international agreement among themselves resulting in a new setup of international law. From a procedural point of view, therefore, it is rather simple to ‘make’ international law. If the substantive elements significantly overlap (i.e. common denominator of state interests), international law can be altered in line with the will of the parties. This essay deals with four such fields which have significantly been modified during the post-1940 period: human rights, environmental law, law of the sea, and space law. The first two are of particular importance as they have overarching effects in relation to other legal fields.
Firstly, subjects of the law; generally the subjects of the international law are states which may hold and exercise rights while citizens are known as the subjects for the domestic law. Essentially, legal personality who has rights and duties under international law or national law should be taken into consideration. Paradigm has shifted such as Corporations and Non-governmental organizations (NGOs) are also seen as gaining legal personality or having influences on states’ actions in international sphere. Citizens or individuals have also become subject of international law especially in human rights law and international criminal laws. For instance, individual will held accountable for war crimes, crimes against humanity and genocide (Slaughter, 2004).
International law is based on positivism, what is observable and what is practiced. Like any system of laws, international law is meant to maintain order within the international system. International law is also meant to maintain a sense of justice. The attempts to meet these objectives are found in the international institutions such as the United Nations and the International Criminal Court. Unfortunately, there are times when order and justice come into conflict. The Cold War era, for example was highly ordered, but there were quite a few injustices observed at the time. In Kosovo, on the other hand, the UN Security Council could not maintain order and acted out of a sense of justice.
In 1780, the term “international law” was created and first used by Jeremy Bentham in his Introduction to the Principles of Morals and Legislation. Since about 1840, in the English and Romance Languages it has replaced the older terminology of ‘law of nations’ or ‘droit de gens’ which can be traced back to the Roman concept of ius gentium and the writings of Cicero. Since its inception, there have been different definitions offered to define the term “international law”. For example, Bentham himself defined international law as the law which relates to the mutual transactions between sovereigns as such. Tim Hiller says, it is the “body of rules which are legally binding on states in their intercourse with each other”. In the view of Sir Cecil Hurst, “international law is the aggregate of rules which determines the rights which one state is entitled to claim on behalf of itself or its nationals against another state”.
International Law (IL) is “a body of principles, customs, standards, and rules recognized as effectively binding obligations by sovereign states in their mutual relations.” International Law presents the rights and obligations for all its actors, like the states, intergovernmental international organizations (IGOs), and non-state actors, such as non-governmental organizations (NGOs), Multinational corporations (MNCs), and even individuals. IL covers a wide range of issues that are considered significant on the international scale, depending on the actor or actors it concerns. In International Law there is no centralized coercive power that facilitates cooperation and compliance among the actors. Even with this reality, most nations respect and comply with International Law. This leads us to question: with numerous high-stake issues and with no reliable source to enforce IL amongst the many actors, how does International Law induce compliance? There are many
The criteria concerning the legal personality of an international organization: the communion between countries that are permanent, with the appropriate destination or contrary contrary to the applicable law, apply, and comes equipped with Organs organ. Separation or distinction in the legal authority nor the intent and purpose of international organizations is itself on the one hand by its member states. Rule of law can be implemented by the international organization itself, not just in relation to the national legal systems of one or more countries, but also at the international
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.
Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
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 has been around for ages although it had yet to be titled. The definition of international law is “, the legal responsibilities of States in their conduct with each other, and their treatment of individuals within state boundaries” (“Global Issue at the United Nations”). Although international law can be traced back to the ancient Middle East, the foundation was not actually set till the European Renaissance. The Renaissance developed sovereignty and nation states which make it the most similar international legal system in history in comparison to today's legal system. The Europeans enacted treaties with other states and laws that all states agreed to follow in order to keep boundaries, just as the modern world does today. According to International Law, The Charter of the United Nations sets the objective “, to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained” (“Charter, United Nations, Preamble” ).International law is no longer exclusively used in states but in countries all over the world. The League of Nations wa...
Previously, diplomatic law was parallel to customary law. However, early codifications of diplomatic law include the British Diplomatic Privileges Act 1708 (Hardy, 1968) A treaty which was in consideration of diplomatic law is the 1961 Vienna Convention on Diplomatic Relations. This treaty focused on the functional necessity of diplomatic privileges and immunities for the efficient conduct of international relations and the character of the diplomatic mission as representing its state. (Maginnis, 2002) As diplomatic relations exist ...
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...
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...
International business contains all business transactions private and governmental, sales, investments, logistics, and transportation that happen between two or more regions, nations and countries beyond their political limits. Generally, private companies undertake such transactions for profit governments undertake them for profit and for political reasons. It refers to all those business activities which involve cross border transactions of goods, services, resources between two or more nations. Transaction of economic resources includes capital, skills, and people. for international production of physical goods and services such as finance, banking, insurance, and construction.