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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 BAgreed/
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 agovernment of the independence andsovereignty of a newly created state or of anewly 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
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Major legal systems in the world
*****
Roman-
German lawCommon law Socialist law Others
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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
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Through international tribunals
International Court of Justice
Created in 1945
Organ of UN
Jurisdiction over two cases: between states, requested by organs of UN
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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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