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International law
International law is the set of rules generally regarded and accepted as binding in relations between states and between nations.[1] It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems 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. Much of international law is consent-based governance. This means that a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct. 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 actors such as customary international law and peremptory norms (jus cogens). The term "international law" can refer to three distinct legal disciplines: 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 and international human rights law. Private international law, or conflict of laws, which addresses the questions of (1) which jurisdiction may hear a case, and (2) the law concerning which jurisdiction applies to the issues in the case. Supranational law or the law of supranational organizations, which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective. The two traditional branches of the field are: jus gentium law of nations jus inter gentes agreements between nations
History
International law has existed since the mid-19th century. Two sophisticated legal systems developed in the Western World: the codified systems of continental European states (American Civil Law) and English common law, upon which the judge-made law of the United States is primarily based. In the 20th century, the two World Wars and the formation of 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 also been the locus for the development of new advisory (non-binding) standards, such as the Universal Declaration of Human Rights. Other international norms and laws have been established through international agreements, including the Geneva Conventions on the conduct of war or armed conflict, as well as by agreements implemented by other international organizations such as the International Labor Organization, the World Health Organization, the World Intellectual Property Organization, the International Telecommunication Union, UNESCO, the World Trade Organization, and the International Monetary Fund. The development and consolidation of such conventions and agreements has proven to be of great importance in the realm of international relations.
International law
International law
Supranational law
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," whereas "Sovereign" is defined as "supreme power or authority." Given this contradiction, nations have at times abrogated "International Laws" when they considered doing so 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. International courts There are numerous international bodies created by treaties adjudicating on legal issues where they may have jurisdiction. The only one claiming universal jurisdiction is the United Nations Security Council. Others are: the United Nations International Court of Justice, and the International Criminal Court (when national systems have totally failed and the Treaty of Rome is applicable) and the Court of Arbitration for Sport. East Africa Community 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 been completed. Union of South American Nations The Union of South American Nations is for the South American continent. It intends to establish a framework akin to the European Union by the end of 2019. It is envisaged to have its own passport and currency, and limit barriers to trade. Andean Community of Nations The Andean Community of Nations is the first attempt to integrate the countries of the Andes Mountains in South America. It started with the Cartagena Agreement of 26 May 1969, and currently consists of four countries: Bolivia, Colombia, Ecuador and Peru. The Andean Community operates by means of supranational laws, called Agreements, which are mandatory for these countries.
Bibliography
I Brownlie, Principles of Public International Law (OUP 2008)
External links
Library resources about International law
International law United Nations Rule of Law (http://www.unrol.org/), the United Nations' centralised website on the rule of law. Centre for International Law (CIL), Singapore (http://www.cil.nus.edu.sg/) International law overview (http://topics.law.cornell.edu/wex/international_law) Department of International Law, Graduate Institute of International and Development Studies, Geneva (http:// www.graduateinstitute.ch/law/)
License
Creative Commons Attribution-Share Alike 3.0 //creativecommons.org/licenses/by-sa/3.0/