International Law, unlike most other areas of law, has no defined area or governing body, but instead refers to the many and varied laws, rules and customs which govern, impact and deal with the legal interactions
Слайд 2 International Law, unlike most other areas of law,
has no defined area or governing body, but instead
refers to the many and varied laws, rules and customs which govern, impact and deal with the legal interactions between different nations, their governments, businesses and organizations, to include their rights and responsibilities in these dealings.
Слайд 3 The immense body that makes up international law
encompasses a piecemeal collection of international customs; agreements; treaties;
accords, charters (i.e. the United Nations Charter); protocols; tribunals; memorandums; legal precedents of the International Court of Justice (aka World Court) and more.
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Without a unique governing, enforcing entity, international law
is a largely voluntary endeavor, wherein the power of
enforcement only exists when the parties consent to adhere to and abide by an agreement.
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Due to the diverse legal systems and applicable
histories of different countries, laws addressing international law include
both common law (case law) and civil law (statutes created by governing bodies).
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Their application covers all the facets of national
law, to include substantive law, procedure, and remedies.
official domestic actions may not be questioned by the judicial bodies of another country. It dissuades courts from deciding cases that would interfere with a country’s foreign policy.
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Doctrine of Sovereign Immunity - deals with actions
brought in the court of one nation against another
foreign nation and prevents the sovereign state from being tried in court without its consent.
In the U.S., this is governed by the Foreign Sovereign Immunities Act (FSIA) of 1976.
Слайд 11 There are both national laws and international agreements
which govern/regulate international business transactions, which include investments, offshore
banking, contracts, imports/exports, tariffs, dumping, trade and more.
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Although there is no definitive governing body overseeing
international law, the United Nations is the most widely
recognized and influential international organization and the International Court of Justice (ICJ) is its judicial counterpart.
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International law may further be broken down as
public or private. Public International law covers the rules,
laws and customs that govern and monitor the conduct and dealings between nations and/or their citizens
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The UN deals largely with public international law.
Private International law (Conflict of laws) handles disputes between