International law encompasses the set of agreements and norms that govern relationships between sovereign states in times of peace and war. It is an important field of study for lawyers because it can help them understand the political economy and power relations that shape state behaviour. 스토킹변호사
The law of international law consists of jus cogens, treaties and customary principles. It includes a variety of topics from disarmament to the protection of cultural heritage during armed conflict.
Basic elements of international law
International law is a system of rules that regulates the behaviour of nations and other international entities. It includes a variety of treaties, agreements, and norms in areas such as trade, the environment, military ethics, human rights, outer space, and the treatment of diplomats. It also prohibits states from acquiring territory by force.
International legal scholars have a wide range of perspectives on the nature and structure of international law. Some view it as a cosmopolitan order that secures solidarity and peace in a post-Westphalian world. Others see it as a collection of laws that govern the behaviour of international actors and influence global politics.
The most basic element of international law is a set of principles known as “general principles.” These include respect for the laws and customs of other countries, non-interference in internal affairs, the equality of all persons before the law, the separation of powers, and participation in decision making. General principles are not legally binding but serve as inspiration for more specific rules and regulations in other areas of international law.
Other elements of international law are multilateral treaties, international organizations, and supranational laws. Multilateral treaties are negotiated by states and typically contain provisions relating to human rights, the environment, or trade. International organizations, such as the United Nations, are governed by international law and may be created by treaty or convention. Finally, supranational laws are judicial decisions made by tribunals outside of and above the authority of individual states.
International treaties
A treaty is a legally binding agreement between two or more states that binds them to certain obligations. It can be bilateral (between two states) or multilateral, and it may contain a range of topics, from weapons disarmament to economic cooperation. It can also establish rights for individuals. Treaties are the first source of law recognized by the International Court of Justice, which resolves disagreements in international law.
Although they can take many forms, most treaties include a preamble that defines the purpose of the agreement and summarizes any underlying events; numbered articles that lay out responsibilities and obligations; a definition of “irregular” breaches; an expiration time or terms for termination; and reservations or exclusions. They also typically contain a place where the final authentic copies of the treaty will be deposited and how disputes as to its interpretation will be resolved.
A recent meta-analysis examined the effects of a wide variety of international treaties on social and economic outcomes. The results suggest that treaties are likely to produce their intended effects primarily through immediate socialization and short-term normative processes rather than longer-term legal processes such as ratification or coming into force. It also suggests that the point in time at which a treaty is evaluated might be a crucial factor for understanding its impact. This is because studies evaluating effects at the time of negotiation had larger intended impacts than those evaluating them at the time of ratification or entry into force.
International organizations
International organizations are groups of countries that act on behalf of their citizens. They deal with issues that are primarily of a global nature and can not be solved by individual states alone. These include the development of a world economy, armed conflict, human rights, and the environment. International organizations also play a major role in the resolution of international disputes.
They are governed by international law, which is the body of laws that regulates the conduct of international actors. It is different from domestic law, which is regulated by individual state governments. The law of international organizations can be defined in many ways, including by treaty or by the customary law of nations.
There are several international organisations, most notably the UN and NATO. Others are more specialised, such as the International Court of Justice and Interpol. The former is a judicial branch of the UN, which resolves disputes between states and is responsible for international law. The latter is a police network that works to protect international borders and promotes the exchange of information.
International law includes the legal rules that govern international transactions and relationships between sovereign states, and the norms that are binding on all nations. It is distinct from international comity, which comprises legally nonbinding practices adopted by states for reasons of courtesy (e.g., saluting the flags of foreign warships at sea).
International courts
International courts are judicial bodies that exercise global jurisdiction over the actions of nations and their citizens. These courts are often established through the signing of international treaties or agreements. They also may be created by specific states as independent bodies. International law provides many important legal principles that guide the functions of these bodies.
The International Court of Justice (ICJ) is a principal judicial organ of the United Nations. It has a broad range of powers to resolve disputes between states and to give advisory opinions. Its decisions and opinions are binding on all parties to a case. Its broad acceptance is reflected in the fact that several hundred international treaties confer jurisdiction upon it over specified categories of cases.
Its judges are elected to nonrenewable nine-year terms. The ICJ statute requires that its bench include a balance of judges from the world’s major regional groups, including three from Africa, two from Asia, five from Europe, and two from Latin America. It is also possible for the Court to form ad hoc chambers to hear particular types of cases.
The ICC prosecutes individuals who commit genocide, crimes against humanity, and war crimes. The ICC’s founding treaty, the Rome Statute, was adopted in July 1998 and entered into force on July 1, 2002. It currently has 123 member states. Several major powers, such as China and India, have not signed the treaty, and several countries, including Russia, have never accepted its jurisdiction.