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[[File:Chile signs UN Charter 1945.jpg|thumb|Created in 1945, the [[United Nations]] is responsible for much of the current framework of international law.]] |
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[[File:Original Geneva Conventions.jpg|thumb|The [[First Geneva Convention]] (1864) is one of the earliest formulations of international law |
[[File:Original Geneva Conventions.jpg|thumb|230px|The [[First Geneva Convention]] (1864) is one of the earliest formulations of international law]] |
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'''International law''' is the set of rules generally regarded and accepted as binding in relations between [[State (polity)|states]] and between [[nation]]s.<ref name="definition – international law">{{cite web|title=''international law''|url=http://www.thefreedictionary.com/international+law|publisher=Houghton Mifflin Company.|accessdate=13 September 2011}}</ref><ref>The term was first used by [[Jeremy Bentham]] in his "Introduction to the Principles of |
'''International law''' is the set of rules generally regarded and accepted as binding in relations between [[State (polity)|states]] and between [[nation]]s.<ref name="definition – international law">{{cite web|title=''international law''|url=http://www.thefreedictionary.com/international+law|publisher=Houghton Mifflin Company.|accessdate=13 September 2011}}</ref><ref>The term was first used by [[Jeremy Bentham]] in his "Introduction to the Principles of Morals and Legislation" in 1780. See {{Citation |
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}}</ref> It serves as a framework for the practice of stable and organized international relations.<ref>{{cite book|last=Slomanson|first=William|title=Fundamental Perspectives on International Law|year=2011|publisher=Wadsworth|location=Boston, USA|pages=4–5}}</ref> International law differs from state-based [[legal system]]s in that it is primarily applicable to countries rather than to private citizens. National law may become international law when [[treaties]] delegate national jurisdiction to [[supranational]] tribunals such as the [[European Court of Human Rights]] or the [[International Criminal Court]]. Treaties such as the [[Geneva Conventions]] may require national law to conform to respective parts. |
}}</ref> It serves as a framework for the practice of stable and organized international relations.<ref>{{cite book|last=Slomanson|first=William|title=Fundamental Perspectives on International Law|year=2011|publisher=Wadsworth|location=Boston, USA|pages=4–5}}</ref> International law differs from state-based [[legal system]]s in that it is primarily applicable to countries rather than to private citizens. National law may become international law when [[treaties]] delegate national jurisdiction to [[supranational]] tribunals such as the [[European Court of Human Rights]] or the [[International Criminal Court]]. Treaties such as the [[Geneva Conventions]] may require national law to conform to respective parts. |
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Much of international law is consent-based governance. This means that a state member is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct.<ref>{{cite book|last=Slomanson|first=William|title=Fundamental Perspectives on International Law|year=2011|publisher=Wadsworth|location=Boston, USA|pages=4}}</ref> |
Much of international law is consent-based governance. This means that a state member is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct.<ref>{{cite book|last=Slomanson|first=William|title=Fundamental Perspectives on International Law|year=2011|publisher=Wadsworth|location=Boston, USA|pages=4}}</ref> This is an issue of [[state sovereignty]]. However, other aspects of international law are not consent-based but still are obligatory upon state and [[non-state actor]]s such as [[customary international law]] and peremptory norms (''[[Peremptory norm|jus cogens]]''). |
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==Terminology== |
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The term "international law" can refer to three distinct legal disciplines: |
The term "international law" can refer to three distinct legal disciplines: |
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⚫ | *[[Public international law]], which governs the relationship between states and international entities. It includes these legal fields: [[treaty law]], [[law of sea]], [[international criminal law]], the [[laws of war]] or [[international humanitarian law]], [[international human rights law]], and [[refugee law]].<ref>There is an ongoing debate on the relationship between different branches of international law. {{cite journal|last1=Koskenniemi|first1=Marti|title=Fragmentation of International Law? Postmodern Anxieties|journal=Leiden Journal of International Law|date=September 2002|volume=15|issue=3|pages=553–579|doi=10.1017/S0922156502000262|url=http://journals.cambridge.org/article_S0922156502000262|accessdate=30 January 2015}} {{cite journal|last1=Yun|first1=Seira|title=Breaking Imaginary Barriers: Obligations of Armed Non-State Actors Under General Human Rights Law – The Case of the Optional Protocol to the Convention on the Rights of the Child|journal=Journal of International Humanitarian Legal Studies|date=2014|volume=5|issue=1-2|pages=213–257|url=http://ssrn.com/abstract=2556825|accessdate=30 January 2015}}</ref> |
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==Branches== |
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== History == |
== History == |
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[[File:Alberico Gentili.jpg|thumb|right|250px|The [[Italians|Italian]] thinker [[Alberico Gentili|Sir Alberico Gentili]] is acknowledged to be the founder of the science of international law |
[[File:Alberico Gentili.jpg|thumb|right|250px|The [[Italians|Italian]] thinker [[Alberico Gentili|Sir Alberico Gentili]] is acknowledged to be the founder of the science of international law<ref>{{cite book|last=Pagden|first=Anthony|title=Vitoria: Political Writings (Cambridge Texts in the History of Political Thought)|year=1991|publisher=Cambridge University Press|location=UK|isbn=0-521-36714-X|page=xvi}}</ref>]] |
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The modern study of international law starts in the early 19th century, but its origins go back at least to the 16th century, and [[Alberico Gentili]], [[Francisco de Vitoria]] and [[Hugo Grotius]], the "fathers of international law."<ref name="Jr.2012">{{cite book|author=Thomas Woods Jr.|title=How the Catholic Church Built Western Civilization|url=https://books.google.com/books?id=jYvmAgAAQBAJ|date=18 September 2012|publisher=Regnery Publishing, Incorporated, An Eagle Publishing Company|isbn=978-1-59698-328-1|pages=5, 141–142}}</ref> Several legal systems developed in Europe, including the codified systems of continental European states and [[English common law]], based on decisions by judges and not by written codes. Other areas developed differing legal systems, with the Chinese legal tradition dating back more than four thousand years, although at the end of the 19th century, there was still no written code for civil proceedings.<ref>''China and Her People'', [[Charles Harvey Denby|Charles Denby]], L. C. Page, Boston 1906 page 203</ref> Some doubt the effectiveness of international law, as they see the implementation of international law as a policy option among others to tackle global dilemmas.<ref>S.J. Hoffman, J-A. Røttingen, J. Frenk. 2012. “The Economics of New International Health Laws,” The Lancet 380: S4. doi:10.1016/S0140-6736(13)60290-1.</ref> They say that international law must be evaluated with other, possibly more effective, international law options.<ref>S.J. Hoffman, J-A. Røttingen. 2011. “A Framework Convention on Obesity Control?” The Lancet 378(9809): 2068. doi:10.1016/S0140-6736(11)61894-1.</ref> |
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==Sources of international law== |
==Sources of international law== |
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International law is sourced from decision makers and researchers looking to verify the substantive legal rule governing a legal dispute or academic discourse. The [[sources of international law]] applied by the community of nations to find the content of international law are listed under Article 38.1 of the [[Statute of the International Court of Justice]]: [[Treaties]], customs, and general principles are stated as the three primary sources; and judicial decisions and scholarly writings are expressly designated as the subsidiary sources of international law. Many scholars agree that the fact that the sources are arranged sequentially in the Article 38 of the ICJ Statute suggests an implicit hierarchy of sources.<ref>{{cite book|last=Slomanson|first=William|title=Fundamental Perspectives on International Law|year=2011|publisher=Wadsworth|location=Boston, USA|pages=26–27}}</ref> However, there is no concrete evidence, in the decisions of the international courts and tribunals, to support such strict hierarchy, at least when it is about choosing international customs and treaties. In addition, unlike the Article 21 of the Rome Statute of the International Criminal Court, which clearly defines hierarchy of applicable law (or sources of international law), the language of the Article 38 do not explicitly support hierarchy of sources. |
International law is sourced from decision makers and researchers looking to verify the substantive legal rule governing a legal dispute or academic discourse. The [[sources of international law]] applied by the community of nations to find the content of international law are listed under Article 38.1 of the [[Statute of the International Court of Justice]]: [[Treaties]], customs, and general principles are stated as the three primary sources; and judicial decisions and scholarly writings are expressly designated as the subsidiary sources of international law. Many scholars agree that the fact that the sources are arranged sequentially in the Article 38 of the ICJ Statute suggests an implicit hierarchy of sources.<ref>{{cite book|last=Slomanson|first=William|title=Fundamental Perspectives on International Law|year=2011|publisher=Wadsworth|location=Boston, USA|pages=26–27}}</ref> However, there is no concrete evidence, in the decisions of the international courts and tribunals, to support such strict hierarchy, at least when it is about choosing international customs and treaties. In addition, unlike the Article 21 of the Rome Statute of the International Criminal Court, which clearly defines hierarchy of applicable law (or sources of international law), the language of the Article 38 do not explicitly support hierarchy of sources. |
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The sources have been influenced by a range of political and legal theories. During the 20th century, it was recognized by legal [[positivists]] that a [[sovereign state]] could limit its authority to act by consenting to an agreement according to the principle ''[[pacta sunt servanda]]''. This consensual view of international law was reflected in the 1920 Statute of the Permanent Court of International Justice, which was succeeded by the [[United Nations Charter]] and is preserved in the [[United Nations]] Article 7 of the 1946 Statute of the International Court of Justice.<ref> |
The sources have been influenced by a range of political and legal theories. During the 20th century, it was recognized by legal [[positivists]] that a [[sovereign state]] could limit its authority to act by consenting to an agreement according to the principle ''[[pacta sunt servanda]]''. This consensual view of international law was reflected in the 1920 Statute of the Permanent Court of International Justice, which was succeeded by the [[United Nations Charter]] and is preserved in the [[United Nations]] Article 7 of the 1946 Statute of the International Court of Justice.<ref>[http://www.un.org/en/documents/charter/index.shtml ''Charter of the United Nations''], United Nations, 24 October 1945, 1 UNTS, XVI</ref> |
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== Types of international law == |
== Types of international law == |
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===Private international law=== |
===Private international law=== |
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{{Main|Conflict of laws}} |
{{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 distinguished from public international law because it governs conflicts between private persons |
Conflict of laws, often called "private international law" in [[Civil law (legal system)|civil law]] jurisdictions, 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 jurisdiction's law should be applied]], therefore raising issues of international law. Today [[corporation]]s 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=== |
===Supranational law=== |
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{{Refimprove|date=November 2010}} |
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{{Main|Supranational law}} |
{{Main|Supranational law}} |
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Systems of "supranational law" arise when nations explicitly cede their right to make certain judicial decisions to a common tribunal<ref name="Degan1997">{{cite book|last=Degan|first=Vladimir Đuro|title=Sources of International Law|url=http://books.google.com/books?id=K0pTp1qCc9UC&pg=PA126|accessdate=5 December 2015|date=1997-05-21|publisher=Martinus Nijhoff Publishers|isbn=9789041104212|page=126}}</ref>. The decisions of the common tribunal are directly effective in each party nation, and have priority over decisions taken by national courts<ref name="Blanpain2010">{{cite book|last=Blanpain|first=Roger|title=Comparative Labour Law and Industrial Relations in Industrialized Market Economies|url=http://books.google.com/books?id=ahaoKRbqPdMC&pg=PA410|accessdate=5 December 2015|year=2010|publisher=Kluwer Law International|isbn=9789041133489|pages=410 n.61}}</ref>. The [[European Union]] is an example of an international treaty organization which implements a supranational legal framework, with the [[European Court of Justice]] having supremacy over all member-nation courts in matter of [[European Union law]]. |
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The term "international law" refers to treaty law made in and between sovereign states. "Law" is defined as "a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority,"<ref>{{MerriamWebsterDictionary|law}}</ref> whereas "[[sovereign]]" is defined as "supreme power or authority." Given this contradiction, nations have at times abrogated "International Laws" in their national interest. The term "world law" is the evolution of a system of law at the global level representing the sovereignty of the whole. Initial steps have been taken to evolve a system of supra-national laws, but true "world law" may await the evolution of a legislative body of, by, and for the people of the planet. |
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====International courts==== |
====International courts==== |
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====East Africa Community==== |
====East Africa Community==== |
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{{Main|East African Community}} |
{{Main|East African Community}} |
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There were 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 but this effort |
There were 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, but this effort has not materialized. |
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====Union of South American Nations==== |
====Union of South American Nations==== |
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==See also== |
==See also== |
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{{Portal|International relations|Law}} |
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* [[Centre for International Law (CIL)]] |
* [[Centre for International Law (CIL)]] |
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* [[Commissions of the Danube River]] |
* [[Commissions of the Danube River]] |
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* [[Global administrative law]] |
* [[Global administrative law]] |
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* [[Graduate Institute of International and Development Studies]] |
* [[Graduate Institute of International and Development Studies]] |
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* [[International legal theory]] |
* [[International legal theory]] |
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* [[International litigation]] |
* [[International litigation]] |
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* [[Law of war]] and [[International humanitarian law]] |
* [[Law of war]] and [[International humanitarian law]] |
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* [[List of International Court of Justice cases]] |
* [[List of International Court of Justice cases]] |
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* [[Martens Clause]] |
* [[Martens Clause]] |
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* ''[[Pacta sunt servanda]]'' |
* ''[[Pacta sunt servanda]]'' (agreements are to be kept) |
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* [[Roerich Pact]] |
* [[Roerich Pact]] |
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* [[Rule of Law in Armed Conflicts Project (RULAC)]] |
* [[Rule of Law in Armed Conflicts Project (RULAC)]] |
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* [[Sources of international law]] |
* [[Sources of international law]] |
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== Notes and references == |
== Notes and references == |
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==Bibliography== |
==Bibliography== |
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*I Brownlie, ''Principles of Public International Law'' (OUP 2008) |
*I Brownlie, ''Principles of Public International Law'' (OUP 2008) |
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* |
*[http://www.lawin.org/ World Encyclopedia of Law], with International [[Legal Research]] and a [[Law dictionary]] |
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==Further reading== |
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* {{cite book | last=Anaya | first=S.J. | title=Indigenous Peoples in International Law | publisher=Oxford University Press | year=2004 | isbn=978-0-19-517350-5 | url=https://books.google.com/books?id=sb-qGM5-gB8C&printsec=frontcover}} |
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* {{cite book | last=Klabbers | first=J. | title=International Law | publisher=Cambridge University Press | year=2013 | isbn=978-0-521-19487-7 | url=https://books.google.com/books?id=c_gOvHLDZ6gC&printsec=frontcover}} |
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* {{cite book | last=Shaw | first=M.N. | title=International Law | publisher=Cambridge University Press | year=2014 | isbn=978-1-316-06127-5 | url=https://books.google.com/books?id=gmWnBAAAQBAJ&printsec=frontcover}} |
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==External links== |
==External links== |
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{{wikimedia|collapsible=true|voy=no|species=no|v=no|c=Category:International law|d=Q4394526}} |
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{{wikiquote}} |
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{{commons category|International law}} |
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{{Library resources box}} |
{{Library resources box}} |
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* [http://www.un.org/ |
* [http://www.un.org/en/globalissues/internationallaw/ UN International Law] |
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* [http://www.unrol.org/ United Nations Rule of Law], the [[United Nations]]' centralised website on the [[rule of law]] |
* [http://www.unrol.org/ United Nations Rule of Law], the [[United Nations]]' centralised website on the [[rule of law]] |
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* [http:// |
* [http://libraryresources.unog.ch/legal/ILC UNOG Library Legal Research Guide] |
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* [http://www.cil.nus.edu.sg/ Centre for International Law (CIL), Singapore] |
* [http://www.cil.nus.edu.sg/ Centre for International Law (CIL), Singapore] |
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* [http://topics.law.cornell.edu/wex/international_law International law overview] |
* [http://topics.law.cornell.edu/wex/international_law International law overview] |
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* [http://logic-law.com/index.php?title=History_of_Western_International_Law Primary Legal Documents Critical to an Understanding of the Development of Public International Law] |
* [http://logic-law.com/index.php?title=History_of_Western_International_Law Primary Legal Documents Critical to an Understanding of the Development of Public International Law] |
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* [http://works.bepress.com/cgi/viewcontent.cgi?article=1011&context=bryan_druzin Public International Law as a Form of Private Ordering] |
* [http://works.bepress.com/cgi/viewcontent.cgi?article=1011&context=bryan_druzin Public International Law as a Form of Private Ordering] |
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{{Portal bar|International relations}} |
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{{Authority control}} |
{{Authority control}} |
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[[Category:International law]] |
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[[Category:Law]] |
[[Category:Law]] |
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