Formation Of International Law Presentation PDF

THE FORMATION OF INTERNATIONAL LAW Second Lecture International Trade Law (ITL): • International trade means trade between two or more countries. International trade involves different currencies of different countries and is regulated by laws, rules and regulations of the concerned countries. Thu...

THE FORMATION OF INTERNATIONAL LAW Second Lecture International Trade Law (ITL): • International trade means trade between two or more countries. International trade involves different currencies of different countries and is regulated by laws, rules and regulations of the concerned countries. Thus, International trade is more complex. • Int., Trade is organized by both national laws and International Trade Law. • International trade law refers to the body of rules and regulations that governs the relationships of nation states for regulating their domestic markets in relation to international trade. The law regulates the global exchange of goods and services. 2 International Trade Law (ITL) Belongs to What Branch of Law? International Trade Law is a branch of International Law. International Trade Law has the characteristics of International Law (IL), therefore, we should have a look at International law(definition, resources) for a better understanding of ITL. 3 WHAT IS INTERNATIONAL LAW (IL)? • The body of rules and standards that regulate activities carried on outside the legal boundaries of nations, and sometimes inside these states( human rights). • IL governs conducts of states and of international organizations in their international relations with one another and with private persons and companies. Relationships International Law Regulate • Stat e v. Stat • S e tate v. In t. O rgan izat ion • • Stat e v. Per son • A pyramid illustrates these relationships • States make the majority of international community and most influential actors in that community. 01 • International Organizations are comprised of states and serve different purposes. 02 • Person includes individuals and companies. A person should be foreign. Per son v. P erso n • International Law governs relationships between persons if they are not subjects of the same country. 03 04 5 Public IL: focuses on rules apply to countries & other international actors in the international community Public IL, Private IL, and International Economic Law Private IL: deals with disputes between individuals & companies in situations where the law of more than one nation apply, such international conflict of law, nationality law International Economic Law: involves regulations & rules governing conducts of international actors in across-border economic & business transactions, such as international financial law 6 THE FORMATION OF TERNATIONAL LAW • No formal maw-making mechanism • Basic Mechanism for Creating International Law: • Consensus of the international community: 1. General consent of international community 2. Particular consent of a state Source of International Law • Definition: Those roots where international tribunals rely upon in determining the content of international law. • Authorized Sources: Article 38(1) of the Statute of the International Court of Justice (ICJ) lists the sources which that court is permitted to use. A. ICJ looks to: 1. International conventions; 2. International custom; 3. General principles of law. B. In interpreting these, the ICJ may also look to: 1. Judicial decisions. 2. Teachings of law reviews. What is the ICJ? • The International Court of Justice (ICJ) is the principal judicial organ of the United Nations • Founded in 1945 by the UN • It is located in Netherlands & it is the only one not located in New York • The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies • It is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council • English Language is its Official language Article 38 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 10 Treaties & Conventions • Definitions: A formal agreement between two or more legal persons regulating their international relations (peace, alliance, commerce, … and being subject to International law. • Reasons for obligation effect: 1. Shared sense of commitment. 2. Because one country fears that if it does not respect its obligations, other countries will not respect theirs. • Rules governing treaties: 1. Traditionally customary. 2. Now codified in the Vienna Convention on the Law of Treaties 1969. (entry into force 1980). Custom • The ICJ’s statute refers to “international custom, as evidence of a general practice accepted as law,” as a second source of international law. Custom, whose importance reflects the decentralized nature of the international system, involves two fundamental elements: the actual practice of states and the acceptance by states of that practice as law. The actual practice of states (termed the “material fact”) covers various elements, including the duration, consistency, repetition, and generality of a particular kind of behavior by states. All such elements are relevant in determining whether a practice may form the basis of a binding international custom OR NOT Continued: • In international law, customary law refers to the Law of Nations or the legal norms that have developed through the customary exchanges between states over time, whether based on diplomacy or aggression. Essentially, legal obligations are believed to arise between states to carry out their affairs consistently with past accepted conduct. These customs can also change based on the acceptance or rejection by states of particular acts. Some principles of customary law have achieved the force of IMPERATIVE NORMS, which cannot be violated or altered except by a norm of comparable strength. These norms are said to gain their strength from universal acceptance, such as the prohibitions against genocide and slavery. Customary international law can be distinguished from treaty law, which consists of explicit agreements between nations to assume obligations. However, many treaties are attempts to codify pre-existing customary law.