What is International Law?
Provided by HG.org
Many have asked the question “what is international law?” It is an understandable question given the way that it is thrown around as though it is an easily identifiable thing. However, “international law” is largely a misnomer, given that it primarily refers to a body of treaty agreements and their resulting rules, regulations, and practices, and not the codification of laws passed down by a centralized government or legislative body.
Generally, international laws are broken into two basic categories: public and private. Public international laws deal with relationships between nations and/or organizations or people from different countries. Private international laws, on the other hand, deal with disputes between citizens or businesses from different countries, often when there is a question of which country's laws apply or which nation may conduct a trial or tribunal of the matter.
International Law as a Misnomer
Although called “international law” one of the biggest reasons this is a misnomer is the lack of a formally structured and internationally recognized court system. In the United States, for example, there are relatively well-defined courts that are a part of government, have clear rules for their operation and jurisdiction, and provide structures for appeals. On the other hand, there are dozens of international bodies with judicial roles, overlapping jurisdictions, and often little or no structure for appellate review. For example, there is the United Nations Security Council, the International Military Tribunal that conducted the trials of Nazi war criminals after the conclusion of World War II, International Court of Justice (or “World Court”), and the Court of Arbitration for Sport that handles cases involving international athletics.
In addition to human rights, maritime laws, and war crimes, international laws also typically cover drug control, international aviation, intellectual property rights, trade relations, military disarmament, telecommunications and the Internet, space law, and other topics that often stretch beyond a country's borders. Of course, without a centralized global government to issue and police these policies, these “laws” are really more like guidelines. Indeed, countries are only bound by international laws when they agree to it. For example, a nation may join in a treaty under one regime, then withdraw from that same treaty a few years later when a new administration comes into power. Nations may join international organizations, like the United Nations, the European Union, or NATO, and agree to follow all of that organizations rules, but when those rules become inconvenient simply ignore them. On the other hand, countries are sometimes held to account for rules arising under treaties or pacts to which they were not a party, particularly in matters relating to human rights, war crimes, and disputes over territory. Unfortunately, the ability to be bound or to bind other countries to international laws is often directly proportional to the nation's military strength.
Public International Law
Public international laws pertain to situations in which two or more countries or sovereign entities are involved in a dispute. Generally, this body of international law covers matters relating to human rights, wartime laws, and disputes occurring at sea. Given that these are often nation versus nation disputes, penalties for violations of these “laws” usually result in sanctions by other countries, such as cutting off certain types of trade, terminating agreements between nations, or, in extreme cases, the declaration of war.
Private International Law
Private international laws, on the other hand, relate to people, businesses, or other private organizations from different countries, rather than the nations those entities call home. Private international law often involves settling matters such as which country's laws apply or which country should serve as the proper venue for the trial. Although the dispute exists between private persons or entities, it is often necessary for governments to take part in the process in order to help their citizens settle these matters and achieve a more favorable result.
If you have a dispute with the people or government of another nation, you should contact an attorney with experience in international matters. Given the confusing and complicated nature of international law, such attorneys may be few and far between, but a skilled one can help to ensure your interests are as well protected as possible.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
International Law as a Misnomer
Although called “international law” one of the biggest reasons this is a misnomer is the lack of a formally structured and internationally recognized court system. In the United States, for example, there are relatively well-defined courts that are a part of government, have clear rules for their operation and jurisdiction, and provide structures for appeals. On the other hand, there are dozens of international bodies with judicial roles, overlapping jurisdictions, and often little or no structure for appellate review. For example, there is the United Nations Security Council, the International Military Tribunal that conducted the trials of Nazi war criminals after the conclusion of World War II, International Court of Justice (or “World Court”), and the Court of Arbitration for Sport that handles cases involving international athletics.
In addition to human rights, maritime laws, and war crimes, international laws also typically cover drug control, international aviation, intellectual property rights, trade relations, military disarmament, telecommunications and the Internet, space law, and other topics that often stretch beyond a country's borders. Of course, without a centralized global government to issue and police these policies, these “laws” are really more like guidelines. Indeed, countries are only bound by international laws when they agree to it. For example, a nation may join in a treaty under one regime, then withdraw from that same treaty a few years later when a new administration comes into power. Nations may join international organizations, like the United Nations, the European Union, or NATO, and agree to follow all of that organizations rules, but when those rules become inconvenient simply ignore them. On the other hand, countries are sometimes held to account for rules arising under treaties or pacts to which they were not a party, particularly in matters relating to human rights, war crimes, and disputes over territory. Unfortunately, the ability to be bound or to bind other countries to international laws is often directly proportional to the nation's military strength.
Public International Law
Public international laws pertain to situations in which two or more countries or sovereign entities are involved in a dispute. Generally, this body of international law covers matters relating to human rights, wartime laws, and disputes occurring at sea. Given that these are often nation versus nation disputes, penalties for violations of these “laws” usually result in sanctions by other countries, such as cutting off certain types of trade, terminating agreements between nations, or, in extreme cases, the declaration of war.
Private International Law
Private international laws, on the other hand, relate to people, businesses, or other private organizations from different countries, rather than the nations those entities call home. Private international law often involves settling matters such as which country's laws apply or which country should serve as the proper venue for the trial. Although the dispute exists between private persons or entities, it is often necessary for governments to take part in the process in order to help their citizens settle these matters and achieve a more favorable result.
If you have a dispute with the people or government of another nation, you should contact an attorney with experience in international matters. Given the confusing and complicated nature of international law, such attorneys may be few and far between, but a skilled one can help to ensure your interests are as well protected as possible.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
