Public vs. Private International Law

Study Notes

Public international law regulates relationships between states and international organizations.
Private international law regulates relationships between private individuals from different jurisdictions.

Treaties: Agreements between countries
- Can be bilateral, trilateral, or multilateral.
- Also known as conventions, charters, covenants or protocols.
Customary international law: Norms that become binding through extended and extensive usage.
- Example: Respecting the sanctity of and sovereignty of a nation's borders.

Globalization increases reliance on international relationships.
Public international law helps protect and strengthen relationships between countries.
Binding agreements under public international law must be ratified by the country.
For an agreement to be binding within a state, it must be ratified and incorporated into national law.

Enforcing international law can be challenging because of national sovereignty.
International courts and tribunals help resolve disputes between states.
Examples: International Court of Justice (ICJ), International Criminal Court (ICC).

The UN promotes international cooperation and peace.
UN bodies, like the Security Council, play a role in upholding international law.
The UN General Assembly discusses and debates international legal issues.
The UN Secretariat provides administrative support in UN operations.

Public international law regulates interactions between states and international organizations.
Private international law regulates relationships between individuals where the laws of multiple jurisdictions are involved (also known as 'conflict of laws').

Treaties are agreements between countries.
- Treaties can be bilateral (two countries), trilateral (three countries), or multilateral (many countries).
- Treaties may also be known as conventions, charters, covenants, or protocols.
Customary international law refers to norms (standards, expected conduct) that have become binding through widespread and long-standing usage.
- An example of customary international law is respecting the sovereignty of a nation's borders.

The United Nations plays a crucial role in promoting international cooperation and maintaining international peace and security.
It helps resolve disputes between countries and implement international law.

Sovereignty: The supreme power or authority of a state within its own territory.
Ratification: The formal process of a state accepting a treaty or international agreement, making it legally binding on that state.
Incorporation: The process of incorporating an international agreement into the national law of a state.

Due to sovereignty respecting concerns, there are unique challenges to dispute resolution and enforcement in international law.
The International Court of Justice (ICJ) is the primary judicial organ of the United Nations.
- It adjudicates disputes between states and can provide advisory opinions on legal matters.
The ICJ's decisions are binding on states that have agreed to be bound by them
The ICJ cannot, however, force a state to comply with its decision.
The decision relies on the state either agreeing to it, or another country bringing sanctions or military action against them.

Enforcement of international law relies on the willingness of states to comply with their obligations.
The lack of a strong central authority makes enforcement challenging.
States often rely on diplomacy, sanctions, and international pressure to ensure compliance.