상간녀위자료소송 International law is the set of rules that governs relations between sovereign states. It also includes the rules and principles of international organizations.
The subjects of international law are primarily sovereign states and, increasingly, international organizations and individuals. The purpose of international law is to provide a framework, common set of procedures and a sense of purpose to the actors involved in international relationships.
Treaties are agreements between sovereign nations (and sometimes between States and international organizations) that are governed by international law. They can cover a wide range of topics, from peace and trade to borders and cybercrime. There are many different types of treaties, but they can be broadly classified as bilateral or multilateral. Treaties may also be known as conventions, protocols, covenants, charters, laws, statutes, acts, and agreements.
Each treaty must contain a preamble that lists the High Contracting Parties, which are typically identified by their official titles rather than their personal names (e.g., His Majesty the King of X or His Excellency the President of Y). It must also include the full names and titles of the plenipotentiary representatives of each party. The preamble also sets out how the parties communicated with each other and agreed upon the contents of the treaty.
If a treaty has been negotiated in several languages, the authentic texts must be made available to all States and to the public. If a comparison of the authentic texts discloses a difference of meaning that the application of articles 31 and 32 does not remove, the interpretation that best reconciles the texts, having regard to the object and purpose of the treaty, shall prevail. A treaty does not create obligations for a third State unless that State expressly accepts them. A treaty can be amended, but the rules laid down in Part II apply unless otherwise provided for in the treaty.
Conventions are international agreements that create binding legal obligations for States that ratify them. They typically have built in mechanisms to ensure compliance with their terms, including the levying of sanctions against non-compliance. They also tend to contain provisions that grant them a higher rank in international law than national laws, such as those contained in domestic constitutions or legislation.
The 1949 Geneva Conventions and their 1977 Additional Protocols, for example, state that “No High Contracting Party shall be allowed to derive from the fact that it has denounced or renounced any of the provisions of this Convention any right to dispense with its obligations thereunder.” This is an expression of the principle of non-reciprocity that underpins all operational work carried out by UNODC against transnational organized crime.
Some treaties, such as those dealing with human rights or humanitarian law, may have optional articles and protocols that allow for a limited number of reservations. Reservations are essentially statements that purport to exclude or modify the legal effect of certain provisions of a treaty on the reserving State, and are usually based on arguments that contradict the spirit or purpose of the treaty in question.
In addition, some conventions create monitoring bodies to examine complaints by States, individuals, or organizations that are alleged to have violated their terms. These organs can be judicial in nature, in which case they may render rulings and impose sanctions against States found to be in violation of their obligations under the treaty, or non-judicial in which case their procedures are more recommendatory.
Private International Law
The rules of private international law govern legal relationships between citizens of different countries. These include the rules on jurisdiction (whether courts in one country can resolve a case), the laws that apply to cross-border situations, and whether judgments of one court can be recognised in another country. Private international law also accommodates legitimate differences in fundamental values between countries through mechanisms such as public policy exceptions.
The Hague Conference on Private International Law, which is tasked with working for the progressive unification of private international law rules, has made impressive progress in some areas (notably the law applicable to contractual obligations, choice of court agreements and taking evidence abroad). However, in other areas, such as recognition and enforcement of judgments, much work remains to be done.
In the era of the Internet, questions about what private international law principles should govern the use of information transmitted via the Internet arise frequently. This book collates a wide range of research findings in these overlapping disciplines and is likely to be useful for lawyers, academics and anyone concerned with the interaction between law and technology.
IALS Library has a wide range of books, law reports and journals on private international law. These are classified under the classmark SH and can be found on the Catalogue. You can also access a number of online resources, including subscription databases such as the Foreign Law Guide: Current Sources of Law in Jurisdictions around the World and the European e-Justice Portal.
Public International Law
Public international law, also called the Law of Nations, is a system of legal codes and norms that regulate the relationship between States. It covers issues such as war and peace, human rights, environmental protection, international trade, the settlement of land and maritime boundaries and jurisdictional disputes.
It differs from national law in that there is no conventional enforcement framework; instead nations adhere to the concepts of public international law through treaties, customary law and agreed general principles of law, with a sense of mutual respect that encourages them to comply. There is a large number of bodies that adjudicate on matters of international law, including various inter-governmental organisations, specialised courts and arbitration tribunals.
Research in this area is complex, partly because there is a clear distinction between primary and secondary sources of public international law. The latter include scholarly writings and case law, which is often interpreted with more deference than is given to judicial decisions in domestic law.
It is therefore essential to find a wide range of material. The most important sources are the treaties, and to a lesser extent the Conventions, but it is also necessary to consult various national yearbooks and digests which outline state practice under systematic subject headings, reproduce extracts from state practice documentation and summarise court decisions on matters of international law.