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[[Image:425px-Naciones Unidas 3 repaired and.png.png|right|thumb|150px|Providing a constitution for public international law, the United Nations was conceived during World War II]] |
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'''International law''' |
'''International law''' can refer to three distinct legal disciplines. |
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* '''[[public international law]]''', which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions. |
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* '''[[private international law]]''' or '''[[conflict of laws]]''', which addresses the question of which legal jurisdiction cases may be heard in |
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* '''[[supranational law]]''' or the law of supranational organizations, which concerns at present regional agreements where the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a supranational legal system. |
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==Public International law== |
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{{Main|Public international law}} |
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Public international law (or international public law) concerns the relationships between sovereign nations. It is developed mainly through multilateral conventions, though custom (state practice with [[opinio juris]]) can play an important role. Its modern corpus started to be developed in the middle of the 19th Century. The two World Wars, the [[League of Nations]] and other international organizations such as the [[International Labor Organization]] all contributed to accelerate this process and established much of the foundations of modern public international law. After the failure of the [[Treaty of Versailles]] and [[World War II]], the League of Nations was replaced by the [[United Nations]], founded under the [[UN Charter]]. The UN has developed new advisory standards, such as the [[Universal Declaration of Human Rights]]. Other international norms and laws have been established through international agreements; e.g. the [[Geneva Conventions]] on the conduct of [[war|war or armed conflict]], as well as by other international organizations such as the [[International Labor Organization|ILO]], the [[World Health Organization]], the [[World Intellectual Property Organization]], the [[International Telecommunication Union]], [[UNESCO]], the [[World Trade Organization]], and the [[International Monetary Fund]]. Thus later law is of great importance in the realm of international relations. |
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==Conflict of laws== |
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{{Main|Conflict of laws}} |
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Conflict of laws, often called "private international law" in [[Civil law (legal system)|civil law]] jurisdictions, is less international than public international law. It is distinguished from public international law because it governs conflicts between private persons, rather than states (or other international bodies with standing). It concerns the questions of which jurisdiction should be permitted to hear a legal dispute between private parties, and [[Choice of law|which jurisdictions law should be applied]], therefore raising issues of international law. Today corporations are increasingly capable of shifting capital and labor [[supply chain]]s across borders, as well as trading with overseas corporations. This increases the number of disputes of an inter-state nature outside a unified legal framework and raises issues of the enforceability of standard practices. Increasing numbers of businesses use commercial arbitration under the [[Convention on the Recognition and Enforcement of Foreign Arbitral Awards|''New York Convention 1958'']]. |
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==Supranational law== |
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{{Main|Supranational law}} |
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===The European Union=== |
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{{Main|European Union law}} |
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The [[European Union]] is the first and only example of a supra-national legal framework, where sovereign nations have pooled their authority through a system of [[European Court of Justice|courts]] and [[European Parliament|political institutions]]. It constitutes a new legal order in international law [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61962J0026:EN:HTML] <ref>C-26/62 ''Van Gend en Loos v. Nederlanse Administratie Der Belastingen'' </ref> for the mutual social and economic benefit of the member states. |
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===East Africa Community=== |
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{{Main|East African Community}} |
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There are ambitions to make the East African Community, consisting of [[Kenya]], [[Tanzania]], [[Uganda]], [[Burundi]] and [[Rwanda]], a political federation with its own form of binding supranational law by [[2010]]. |
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==See also== |
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* [[List of International Court of Justice cases]] |
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* [[Law of war]] and [[International humanitarian law]] |
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* [[Martens Clause]] |
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==References== |
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<references /> |
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{{Supranav}} |
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[[Category:International law]] |
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[[tr:Uluslararası hukuk]] |
Revision as of 16:50, 14 December 2007
International law can refer to three distinct legal disciplines.
- public international law, which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions.
- private international law or conflict of laws, which addresses the question of which legal jurisdiction cases may be heard in
- supranational law or the law of supranational organizations, which concerns at present regional agreements where the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a supranational legal system.
Public International law
Public international law (or international public law) concerns the relationships between sovereign nations. It is developed mainly through multilateral conventions, though custom (state practice with opinio juris) can play an important role. Its modern corpus started to be developed in the middle of the 19th Century. The two World Wars, the League of Nations and other international organizations such as the International Labor Organization all contributed to accelerate this process and established much of the foundations of modern public international law. After the failure of the Treaty of Versailles and World War II, the League of Nations was replaced by the United Nations, founded under the UN Charter. The UN has developed new advisory standards, such as the Universal Declaration of Human Rights. Other international norms and laws have been established through international agreements; e.g. the Geneva Conventions on the conduct of war or armed conflict, as well as by other international organizations such as the ILO, the World Health Organization, the World Intellectual Property Organization, the International Telecommunication Union, UNESCO, the World Trade Organization, and the International Monetary Fund. Thus later law is of great importance in the realm of international relations.
Conflict of laws
Conflict of laws, often called "private international law" in civil law jurisdictions, is less international than public international law. It is distinguished from public international law because it governs conflicts between private persons, rather than states (or other international bodies with standing). It concerns the questions of which jurisdiction should be permitted to hear a legal dispute between private parties, and which jurisdictions law should be applied, therefore raising issues of international law. Today corporations are increasingly capable of shifting capital and labor supply chains across borders, as well as trading with overseas corporations. This increases the number of disputes of an inter-state nature outside a unified legal framework and raises issues of the enforceability of standard practices. Increasing numbers of businesses use commercial arbitration under the New York Convention 1958.
Supranational law
The European Union
The European Union is the first and only example of a supra-national legal framework, where sovereign nations have pooled their authority through a system of courts and political institutions. It constitutes a new legal order in international law [1] [1] for the mutual social and economic benefit of the member states.
East Africa Community
There are ambitions to make the East African Community, consisting of Kenya, Tanzania, Uganda, Burundi and Rwanda, a political federation with its own form of binding supranational law by 2010.
See also
- List of International Court of Justice cases
- Law of war and International humanitarian law
- Martens Clause
References
- ^ C-26/62 Van Gend en Loos v. Nederlanse Administratie Der Belastingen