...Running Head: International Law International Law Nathaniel Coakley Troy University IR 5552 Dr. James F. Rinehart April 29, 2011 6407 FLATROCK RD #4 COLUMBUS, GA 31907 According to Slomanson, International Law is defined as the body rules that which nations consider binding in their mutual relations. It is assumed that all nations or states mentioned in this definition are a sovereign state. International Law has become much broader in scope with the increase of non-government organizations, the increase globalization, and the rising behavior of multinationals. This paper will describe what is International Law and its purpose. It will answer two important questions. The first being, is International Law a fundamental requirement of a modern, increasingly independent global system of states and non-states actors? The second question, does international law prevent from pursing its self-interest. Before we can really look at International we must compare it to Domestic Law and identify the differences between the two. The first difference is that Domestic Laws operate within the borders of a single state. Whereas, International Law operates on much broader scope than Domestic Law does. The second difference, there is no definite body in International Law. However, Domestic Law can be referred as the guidelines that summarize the union between the government and the citizens. The third difference between Domestic and International Law is in International...
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...EXAM PAPER BY Marcie L. Pereira 2. “International Law has never shown such vibrancy as in the present moment and fragmentation is a result of that dynamism and capacity for adaptation and expansion. Moments of transition in conceptualization and institutional set-up are normally very creative.” Do you agree? Present your position. The system of international law has become increasingly fragmented, particularly since the end of the Cold War. Various factors are responsible for the increased fragmentation: • The proliferation of international regulations; • Increasing political fragmentation (juxtaposed with growing regional and global interdependence in such areas as economics, the environment, energy, resources, health, and the proliferation of weapons of mass destruction); • The regionalization of international law due to a rise in the number of regional fora engaged in the formulation of international regulations; • The emancipation of individuals from States; and • The specialization of international regulations. Presently, there exists no homogeneous system of international law. International law consists of erratic blocks and elements; different partial systems; and universal, regional, or even bilateral subsystems and subsubsystems of different levels of legal integration. All these parts interacting with one another create what may paradoxically be called an “unorganized system, full of intra-systematic tensions, contradictions and frictions. In theory, fragmentation...
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...aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank Dr Ben Saul, Director, Sydney Centre for International and Global Law, for reading and commenting on the text. DESIGN: Bodoni...
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...International Law: Valdez v. State of Oklahoma and the Application of International Law in Oklahoma1 I. Introduction “This court has before it a unique and serious matter involving novel legal issues and international law.”2 The Oklahoma Court of Criminal Appeals chose these words to describe Valdez v. State of Oklahoma,3 a case in which a Mexican national argued for postconviction relief from the death penalty on the basis of Article 36 of the Vienna Convention on Consular Relations (VCCR),4 to which the United States is a party. Significantly, Valdez made the Oklahoma Court of Criminal Appeals one of the first state courts to address Article 36 since the International Court of Justice (ICJ) decided Germany v. United States of America (LaGrand),5 in which the ICJ interpreted the controversial provision. Briefly stated, Article 36 grants foreign nationals the right to contact their consulate if they are arrested or detained in a foreign country.6 Such notification allows the consulate to provide legal assistance to the foreign national, who may speak another language or be unfamiliar with the foreign nation's legal system. As might be expected, local authorities sometimes fail to comply with Article 36. In the United States, such failures have prompted foreign nationals to file appeals based on what they consider to be a judicially enforceable right created by Article 36. However, U.S. courts have dismissed such appeals on the basis that Article 36 fails to...
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...• Positivism • Realism • International law • Conclusion • List of works cited Introduction Law is a concept of governance that involves the stipulation and establishment of rules and regulations that are enforced to shape politics, economics, and society. It is put in place by various governmental institutions to govern a community. Law moderates our day–to-day lives with regards to human relationships. It has various concepts to it; company law, property law, trust law, criminal law, constitutional law, administrative law, international law, and civil law. The study of law allows for review and revision of these rules and regulations ensuring that none is faulty or biased in any manner to a single party of the human population. Definitions The above mentioned concepts are in light of the various activities we indulge in. Contract law deals with regulation of trade terms relating to establishments of contracts. Property law deals in ownership rights and ownership transfers of personal property. It is often called Chattel law. We can say that Trust law applies to assets that are secured for financial reasons. A concept of law that was not mentioned previously in the introduction part is Tort law. This law enables one to apply for compensation in the case of loss of or damage of personal property (Byers 22). Criminal law establishes the way and reasons for perpetrator prosecution. Constitutional law protects the human rights as...
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...DFW Memorandum Name: Institutional Affiliation: Date: Over the years, economic globalization has been a hot topic worldwide. While a section of people argue that economic globalization has caused a number of problems, its positive impacts cannot go unnoticed. Economic globalization has been instrumental in the creation of free market flows, thus in the process, enabling development or increased productivity in developing countries. With this, it means that the developing countries will benefit from both foreign market and an international market. Additionally, through economic globalization, international investors are attracted to a given area with the potential for growth but this is only possible if the legal framework of the country of interest is clear on the investment policies that should be undertaken. Specifically, Shanghai has shown the significance of economic globalization owing to the number of investors who are attracted to invest in the country. As a legal counselor for DFW, a firm that is interested in venturing in Shanghai, understanding Chinese investment policies are critical in determining the business structure that the company will have, as well as, the various incentives, and the means of resolving disputes should any arise. There are two main types of business structures that can be used in Shanghai; these can be Limited Liability companies and Representative office. The Limited Liability Company is independent legal entities that bear...
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...International Law: Essential Aspects Explained Abstract International Law helps governing relations among sovereign nations. It affects both society and individuals in many aspects. Today international law is not only about relations among different countries, but also how it is dealt internally. This paper will identify important international principles and doctrines, such as National Law, the Principle of Comity, and the Act of State and Sovereign Immunity Doctrines. This paper will also explore how business is done internationally by seeking foreign markets, exporting, and manufacturing abroad. International contracts and methods for making payments in international transactions will be explained. Break down the whole regulation of international business activities, such as investing and export and import controls and bribing foreign officials. And lastly, how U.S laws apply in a global context, such as antitrust laws and antidiscrimination laws. International Law: Essential Aspects Explained International business and commerce has always been a big part of civilization and throughout history. What is new today is the rapid growth of exchange of goods, services and intellectual property on a global scale. There are many laws pertaining how we handle commerce through the United States and to other countries and vice versa. International Law can be identified as a body of law as a result of international customs, treaties and organizations that are the benchmark for...
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...Yale Law School Yale Law School Legal Scholarship Repository Faculty Scholarship Series Yale Law School Faculty Scholarship 1-1-1940 Relation Between International Law and Municipal Law Edwin Borchard Yale Law School Follow this and additional works at: http://digitalcommons.law.yale.edu/fss_papers Part of the Conflicts of Law Commons, Constitutional Law Commons, Contracts Commons, Courts Commons, Dispute Resolution and Arbitration Commons, Foreign Law Commons, International Law Commons, Jurisprudence Commons, and the Legal History, Theory and Process Commons Recommended Citation Borchard, Edwin, "Relation Between International Law and Municipal Law" (1940). Faculty Scholarship Series. Paper 3498. http://digitalcommons.law.yale.edu/fss_papers/3498 This Article is brought to you for free and open access by the Yale Law School Faculty Scholarship at Yale Law School Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship Series by an authorized administrator of Yale Law School Legal Scholarship Repository. For more information, please contact julian.aiken@yale.edu. VIRGINIA VIRGINIA LAW LAW REVIEW VOLUMp VOLUME 27 DECEMBER, 19·m 1940 NUMBER 2 NUMBER THE RELATION BETWEEN INTERNATIONAL LAW BETWEEN INTERNATIONAL AND MUNICIPAL AND MUNICIPAL LAW R continent it seem appropriate RECENT events on this continent make question of the relaonce more to discuss the much-debated much-debated tion between international law and...
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...CHAPTER 1—INTRODUCTION TO INTERNATIONAL BUSINESS TRUE/FALSE 1. Customs brokers are government inspection officials who regulate the shipment of goods in and out of the country. ANS: F PTS: 1 2. Global sourcing is the term commonly used to describe the process by which a firm attempts to locate and purchase goods or services on a worldwide basis. ANS: T PTS: 1 3. Nontariff barriers have a significant influence on how firms make their trade and investment decisions. ANS: T PTS: 1 4. The U.S.'s largest trading partner is Canada. ANS: T PTS: 1 5. Small and medium-size companies have little to contribute to the international marketplace. ANS: F PTS: 1 6. The U.S. has maintained a trade surplus in services. ANS: T PTS: 1 7. Because they tend to be more insidious, nontariff barriers are generally a greater barrier to trade than are tariff barriers. ANS: T PTS: 1 8. Intellectual property rights are valuable assets that can be licensed for use to others through a document collection international sales contract. ANS: F PTS: 1 9. Trade consists of the import and export of goods or services. ANS: T PTS: 1 10. Exporting is the shipment of goods or rendering of services to a foreign buyer located in a foreign country. ANS: T PTS: 1 11. The three forms of international business are exporting, importing, and licensing. ANS: F PTS: 1 12. Comparative advantage exists if the costs of production and price received...
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...EXAMPLE 1 International litigation is often difficult to seize because of different procedures used by States and principles laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system...
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...:Introduction of International Trade Law Outline Definition of ITL The Scope of ITL （调整范围） History of ITL Comparison of ITL and In. Business Law Sources of ITL( 渊源） Question How to understand the word “international law” here? What is International Law? “A rule… that has been accepted as such by the international community.” Includes :Customary international law. International treaties and agreements. General principles common to major legal systems. Public vs. Private International Law Public International Law. – Involves relationships between countries and applies “norms regarded as binding on all members of the international community” Private International Law. – Is described as conflict of laws or “domain of rights, duties, and disputes between and among persons from different places. Part I Definition 国际贸易法：调整跨越国界的货物贸易、技术贸易和服务贸易关系以及这些贸易关系有关的其他关系的法律规范和规则的总和。 (a) The body of norms and rules – Private law: governs transnational Relationships of Private Persons ( International transaction Law) e.g. the law of international sales, trade finance, licensing agreement etc. – Public law: laws that make up the legal framework within which international business takes place. e.g. the treaties of EU, GATT agreement, NAFTA (b) the scope of ITL（调整范围） Trade in goods, Trade in service，Trade in technology,other international business field Part III History of International Trade Law • Customs and usages Law • Decentralization...
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...‘Is International Law really Law’? (Arend 1999) Discuss with regard to the frequency of breaches of international law, the enforcement of international law and the difficulties in ascertaining international law. Introduction International law is ‘the body of law composed of principles and rules of conduct which states feel bound to observe and do commonly observe in their relations with each other’. However, it is constantly being questioned whether international law really can be considered law at all. The uncertainty as to its validity can be explained by the arguably frequent breaches that occur as well as the difficulties in ascertaining its content and ensuring its effective enforcement. As such, the validity of international law as a real legal order will be evaluated by examining the following. (a) The sources of international law (b) The enforcement of international law (c) The frequency of breaches within international law (a) The sources of international law The substantive content of international law can be ascertained by reference to a number of different sources. Article 38(1) of the Statute of the International Court of Justice (ICJ) recognises that the Court when deciding on disputes of international law can apply the following: a. International conventions establishing rules expressly recognized by the contesting states; b. International custom as evidence of a general practice accepted as law; c. The general principles...
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...approach to international law, one should not completely link such a discipline using a commercial approach. This commercial approach is used in contemporary international law. While understanding international law, there is a need to understand the term “world order”. According to Richard Falk, “world order is a system that consists of a behavior for security and changes identified by states, the structure of authority, conflicts, violence and international mediation” This current order is based on the behavior of states and its people. Since behavior is concerned here, there is also what kind of life and styles are followed by the people resulting in a global evolution....
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...Customary international Law, according to Article 38(1)(b) of the International Court of Justice Statute is defined as “evidence of general practice accepted as law”. A more implicit definition says, “Customary international law develops from the practice of States. To international lawyers, the practice of states' means official governmental conduct reflected in a variety of acts, including official statements at international conferences and in diplomatic exchanges, formal instructions to diplomatic agents, national court decisions, legislative measures or other actions taken by governments to deal with matters of international concern. (Public International Law In a Nutshell: 22-23). In examining customary international law in light of these definitions, this essay will seek not only to answer the questions of whether its method of creation is uncertain, its method of development, mysterious and its application arbitrary. Customary international law is created when a norm or principle embraces a particular set of characteristics. There has been great debate among legal academics as to the uncertainty of this method of creation. However, the implicit characterization of what is considered to be customary international law suggests that there is some measure of certainty pertaining the method of creation. According to Berkeley Law, for a principle or rule to be characterized as customary international law it must comprise of three undeniable characteristics, which include state...
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...International Law and Municipal Law Issues: • Does domestic law override international law? • Does international law apply domestically? 1 Theoretical Issues • Monism: Essentially exponents of natural-law theories; consequently, they regard all law as part of the same universal normative order, with municipal law deriving its binding force by way of delegation from international law. Thus, monists consider international law a part of domestic law. • Dualism: Essentially exponents of legal positivists – therefore, they have an essentially consensual view of international law, believing that international and municipal law were two separate legal orders. International law must be incorporated into domestic law, for it to apply domestically. • Harmonisation: Assumes that international law forms part of municipal law but acknowledges that on occasions when there was a conflict between the two systems, a municipal judge would be bound by the jurisdictional rules of the domestic domain. 2 Primacy of International Law 1 Municipal Tribunals Whether international law has primacy over municipal law depends on each particular country’s constitution. In Australia, there is no express incorporation of international obligations in Australia. Implementing legislation is required for both treaty and customary international law to apply. See below for further information. 2 International Tribunals A State cannot invoke domestic laws as an excuse for failure...
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