Learning outcomes of the Unit 25Students will be able to:define the concept of international lawprovide examples of documents that belong to international law (and institutions that initiate those documents)describe differences between acts within national legal system and regulations within the system of international law (creation, enforcement, etc.)name the main points of the discussion about legal and moral character of international law (textbook source)explain the concept of arbitrationexplain and translate key terms related to the topic
(public) INTERNATIONAL LAWMEUNARODNO (javno) PRAVOThe legal system governing the relationships between nations; the law of international relations, embracing not only nations but also such participants as international organizations and individuals (such as those who invoke their human rights or commit war crimes). Sustav pravnih pravila kojima se ponajprije ureuju odnosi izmeu drava, odnosi izmeu drava i meunarodnih organizacija, te odnosi izmeu meunarodnih organizacija. Danas i odnosi izmeu pojedinca i drave dobivaju meunarodnopravnu dimenziju pa je i pojedinac postao subjekt meunarodnog prava.
The source of international lawSingle state and its legislation = the source of law in idividual states (legislation by parliaments)
Relations among states whose law is applicable?
NEW basis created through international agreements and other legally binding documents (contracts, conventions, etc.)
The original document of the first Geneva Convention from 1864 The Geneva Conventions comprise: - four treaties - three additional protocols the standards in international law for humanitarian treatment of the victims of war The singular term Geneva Convention refers to the agreements of 1949, negotiated after the World War II,updating the terms of the first three treaties and adding a fourth treaty
Examples of international practise
The field of lawPodruje pravaDokumentInternational industrial property lawMeunarodno pravoindustrijskog vlasnitvaParika konvencija za zatitu industrijskog vlasnitva, 1883.Law of the seaMeunarodno pravo moraKonvencija UN o pravu mora, 1982Inernational commercial lawMeunarodno trgovako pravoRazliite konvencijeMeunarodno eljezniko pravoKonvencija o meunarodnom prijevozu eljeznicama
International Commercial Law- documents - The United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention)
a treaty that is a uniform international sales law. As of September 2014, it has been ratified by 83 countries
The Incoterms rules or International Commercial Terms are a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC)
-First published in 1936, the Incoterms rules have been periodically updated, with the eighth version Incoterms 2010
Signing and ratifying a document of international lawThe term ratification stands for the domestic procedure that translates treaties under international law into domestic law.
In many legal systems the legislative body has to pass the treaty in question. That is why it can take a considerable amount of time until a signed treaty gets ratified.
In some legal systems (e.g. USA, Austria, Netherlands, Spain, France) some treaties, e.g. treaties defining human rights are directly applicable, i.e. without any implementing legislative act.
Verb to ratify
The legal character of international law?Should the acts of individual states be viewed as moral or legal?
International morality versus legalism
Arbitration is a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding.
to arbitratearbitral (e.g. arbitral proceedings)
Text workParagraph 1Task 1 - Read the first paragraph of the text in detail. Then, consider each of the following statements and decide if they are in line with the author's attitude.
A International law is not legal in its character.B The selfish acts of some states, even if they are injurious to others, are not contrary to international laws.C International law is not the same thing as international morality.
Task 2 Complete the following statements.
In practice questions of international law are treated as legal questions by _________________and in the national and international________. Legal forms and methods are also used in _________________and in _________ and ____________ proceedings.
Paragraph 2Task 1 - Which characteristics of international law speak, according to some theorists against its legal character? i) ii) iii)Task 2 - What are, according to Sir F. Pollock the only essential conditions for the existance of law? i) ii)
Word studyFind words or phrases in the text which mean the following:I In paragraph 1Part 1a) the one that lessens the value or price of sthb) the opinion formedf) way of acting;g) harmfulPart 2a) less formal way to talk about foreign affairsb) an infraction or violationc) to declare before a courtd) to attack as untrue by word or argument; to oppose or challenge
II In paragraph 2Part 1a) deceptive (likely to make you believe sth that is not true)b) to give a false or perverted meaning to; misrepresentc) to provide the explanation or cause of sthPart 2a) acting or done without compulsion or obligationb) having an appearance of truth or reason; believablec) disregarding exceptions; in general