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International Law >
Overview
International Law deals with issues such as
treaties, trade, political regimes, international institutions, and
dispute resolution. Classic divisions of International Law are Public
International Law, Private International law, and Comparative Law.
Public International Law concerns itself with questions of rights
between several nations or nations and the citizens of other
nations. Private International Law deals with controversies between
private persons arising out of situations having
significant relationship to more than one nation. Main practice
areas related to private and public international law are trade,
commercial, human rights, war & peace, intellectual property, and
litigation. Comparative law is the comparison of legal systems. Major
issues in comparative law include intellectual property, environmental
concerns, tax policies, human rights, criminal law, women's rights, labor
relations, and conflict of law jurisprudence.
International Law includes the basic concepts of law in national legal
systems, namely status, property, obligation, and tort. It also includes
substantive law, procedure, process and remedies.
Customary law and Conventional law are the primary sources of international
law. Customary international law are practices generally followed by states out of a sense of legal obligation.
Customary law has been codified in the Vienna Convention on the Law of
Treaties. Conventional international law derives from international
agreements.
Agreements should
not conflict with the basic standards of international conduct or the
obligations of a member state under the Charter of the United Nations.
General principles common to systems of national law is a secondary source
of international law. If neither conventional nor customary international
law can be applicable, then general principle may be invoked as a rule of
international law.
International law does not restrict any nation from making laws governing
its own territory. The International Court of Justice is established by
the UN Charter is the principal judicial organ of the United Nations.
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