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Summary International Law IBM1
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INTERNATIONAL LAW: THE DIFFERENT LEVELS OF LAWPUBLIC LAW
- The part of law which governs relationships between individuals and the government
and those relationships between individuals which are of direct concern to society.
- For example, price fixing (harms the economy, illegal), state ordering companies not
to form cartels, taxes, …
PRIVATE LAW
- The private law system evolved historically out of 2 families: common law and civil
law.
● COMMON LAW
- Unwritten
- In the UK: England, Wales, Ireland and North-Ireland
- Ex UK commonwealth countries: India, China, South-Africa and
Australia
● CIVIL LAW
- Also called continental law as it is based on the Code de Napoleon,
which was influenced by Roman Laws
- Continental law evolved into three major groups within the EU:
Napoleonic, German and Scandinavian
● HYBRID LAW
- A mixture of common law and civil law
- Mainly in states that during their history were ruled by both UK as
another continental nation
- For example, Quebec (France & UK), South-Africa (Netherlands &
UK) and Scotland that was only ruled b y the Uk, but still chose for
hybrid law
The main differences between common law and civil law
CIVIL LAW PRIVATE LAW
Origin: Continental Europe Origin: United Kingdom
Dogmatic = everything is structured and Pragmatic = cross the bridge when we get
clear there
Based on Roman Law Not based on Roman LAw
Codified (written), covers entire areas of law Not codified, does not cover entire areas of
in Code Civil (BW) law
Cas Law acts on certain subjects, no code
Court doesn’t need to follow stare decisis Based on precedent stare decisis (previous
(precedents), court judgments are NOT court decisions), court judgments are
binding for other court decisions binding (it becomes law)
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,Types of private laws
- PROPERTY LAW, who is the owner of a property
- CONTRACT LAW, agreement between private parties
- COMPANY LAW, how to govern a company
- LAW OF TORTS, law on damages
Why is there no such thing as ‘an international law’?
DEMOCRACY
- Division of power
- The opposite is a dictatorship where one person holds all powers
THE THREE POWERS
In a perfectly safe democracy, the power is in the hands of the following 3 powers
- LEGISLATIVE = authority to make laws for a political entity member are called
legislators, they are always elected and pass the laws
- EXECUTIVE = executing and enforcing the law
- JUDICIARY = interprets and applies the laws in the name of the state, the courts
In other words, you would need an international parliament that ratifies the laws manned with
internationally elected representatives. This doesn’t exist. We only elect national
representatives and parliaments. There is no international state or union.
What is international law?
INTERNATIONAL PRIVATE LAW
- There is no ‘international private law’, it is in fact national private law that comes
international because two individuals (natural person or legal person/company) for
two different states that are in conflict
- The local national law will then decide which of both countries’ law will be carried
- In international private law the only thing that has to be handled is how to decide
which kind of law applies and then look which of the two national laws will handle it
● LEX FORI = you apply the law where the court is based
● INTERNATIONAL PRIVATE LAW = national set of rules, national law, that
defines which national law is applicable in a given case if there is a foreign
element
● ATTENTION: it is the (national) law that decides which (national) law will be
applied, checking national law might lead to the conclusion that the local law
is not valid and they need to apply a foreign/other national law
INTERNATIONAL PUBLIC LAW
- International public law is law carried between states
- We will address 2 subjects
● THE UN: United Nations & Human Rights
● THE WTO: World Trade Organization & The Trade Agreements
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, INTERNATIONAL LAW: THE UNITED NATIONS (UN)
UNITED NATIONS
- Established 24 October 1945 ( after WWII)
- 193 member states
- Headquarters in Manhattan, New York City (first and largest, built on neutral ground)
- Further main offices in Geneva, Nairobi and Vienna (also chosen for neutral ground)
UN MEMBER STATES
- 193 member states
- 5 founding countries (= blue helmet)
● China
● France
● Soviet Union
● United States
● United Kingdom
→ they have veto power, the power to stop an official action/votr
- African states joined later due to colonial history
- Germany joined late because of East-West conflict
- South Sudan was the last to join in 2011
- Palestine and the Vatican are not a part of the United Nations
UN ORGANS
The 5 levels of the UN organization (GSESI)
General Assembly Main deliberative assembly
Security Council Resolutions for peace and security
Economic and Social Council Promoting functions
Secretariat Supporting functions
International Court of Justice (ICJ) Primary judicial organ
GENERAL ASSEMBLY
Organization
- Composed of all member states
- Meets annually in September
- Every country has the same say, regardless the size (1 vote per country)
Activities
- Debate issues on security and diplomacy
- Resolutions relating to defense, as well as administrative issues (new memberships,
budget) → ⅔ votes
- Other resolutions need the majority of the votes
- Decisions
● Majority vote = standard I important resolutions (budget, elections) ⅔ votes
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