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International Law
International Law is the term commonly used for referring to the
system of implicit and explicit agreements that bind together
nation-states in adherence to recognized values and standards,
differing from other legal systems in that it concerns nations
rather than private citizens. However, the term "International
Law" can refer to three distinct legal disciplines:
* Public international law, which involves for instance the
United Nations, maritime law, international criminal law and the
Geneva conventions.
* Private international law, or conflict of laws, which
addresses the questions of in which legal jurisdiction may a
case be heard; and the law concerning which jurisdiction(s)
apply to the issues in the case
* Supranational law or the law of supranational organizations,
which concerns at present regional agreements where the special
distinguishing quality is that laws of nation states are held
inapplicable when conflicting with a supranational legal system.
Public International law
Public international law (or international public law) concerns
the relationships between subjects of international law,
including sovereign nations, international organizations, and in
some cases, movements of national liberation (wars of national
liberation) and armed insurrectional movements (see insurgency).
The norms of international law have their source in either
custom (consistent state practice with opinio juris), or
conventional agreements, i.e., treaties. Also, while infrequent,
international law can be derived from academic and expert legal
opinions (soft law) and globally accepted standards of human
behaviour (peremptory norm sometimes known as jus cogens norms
or ius cogens)
International law has existed since the Middle Ages (see Islamic
international law), but much of its modern corpus began
developing from the middle of the 19th century. The two World
Wars, the League of Nations and other international
organizations such as the International Labor Organization all
contributed to accelerate this process and established much of
the foundations of modern public international law. After the
failure of the Treaty of Versailles and World War II, the League
of Nations was replaced by the United Nations, founded under the
UN Charter. The UN has developed new advisory standards, such as
the Universal Declaration of Human Rights. Other international
norms and laws have been established through international
agreements; e.g. the Geneva Conventions on the conduct of war or
armed conflict, as well as by other international organizations
such as the ILO, the World Health Organization, the World
Intellectual Property Organization, the International
Telecommunication Union, UNESCO, the World Trade Organization,
and the International Monetary Fund. Thus later law is of great
importance in the realm of international relations.
Conflict of laws
Conflict of laws, often called "private international law" in
civil law jurisdictions, is less international than public
international law. It is distinguished from public international
law because it governs conflicts between private persons, rather
than states (or other international bodies with standing). It
concerns the questions of which jurisdiction should be permitted
to hear a legal dispute between private parties, and which
jurisdictions law should be applied, therefore raising issues of
international law. Today corporations are increasingly capable
of shifting capital and labor supply chains across borders, as
well as trading with overseas corporations. This increases the
number of disputes of an inter-state nature outside a unified
legal framework and raises issues of the enforceability of
standard practices. Increasing numbers of businesses use
commercial arbitration under the New York Convention 1958.
The European Union
The European Union is a concept without definition. The world
has never seen such a system. It is the first and only example
of a near supra-national legal framework, where sovereign
nations have pooled their authority through a system of courts
and political institutions. It constitutes a new legal order in
international law for the mutual social and economic
benefit of the member states. The European Union, however,
cannot be considered as a nation (federal state) in itself or a
supra or super-nation because all member states retain the
option to withdraw from the union.
East Africa Community
There are ambitions to make the East African Community,
consisting of Kenya, Tanzania, Uganda, Burundi and Rwanda, a
political federation with its own form of binding supranational
law by 2010.
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