International law

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Providing a constitution for public international law, the United Nations was conceived during World War II
Providing a constitution for public international law, the United Nations was conceived during World War II

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.

Contents

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.

Main article: 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.

Main article: Supranational law

Main article: European Union law

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.

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.

  1. ^ C-26/62 Van Gend en Loos v. Nederlanse Administratie Der Belastingen


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