Law > EXAM > International Law Summary Full (All chapters) Q&A – April 2023. (All)

International Law Summary Full (All chapters) Q&A – April 2023.

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Public international law - -the rules and obligations that govern the relationship between states and its individuals -Private international law - -the rules and obligations that govern the relationships between private individuals and corporations -Three types of relationships in public international law - -state and state, state and persons, persons and persons -Is international law really law - -no formal governing body or rule making mechanisms -Law - -rules regarded as something states are obligated to follow -Comity - -lower standard, the practice between states acting out of civility and good will -Categories of international law - -international human rights law, humanitarian law, international criminal law, criminal jurisdiction -International human rights law - -protects individuals/groups from governments that violate civil, political, or human rights during times of peace -Source: conventions that many states have not ratified -Humanitarian law (law of armed conflict) - -rules for combatants, non-combatants, and refugees -Source: geneva convention -International criminal law - -regulates the behavior of state officials and organizations that cross national borders in commission of international crimes -These are the international obligations that officials and individuals have to follow in international law -international criminal court -international criminal jurisdiction - --extraterritoriality: exempted from jurisdiction of local law -territoriality: sovereign state where the crime actually occurs -nationality: membership to a nation or sovereign state (different from citizen) -protective principle: protect your own state when crime outside its boundaries threatens safety -passive personality: bring action against foreign nationals whose behavior affects their own citizens -universality: applies to conduct anywhere in the world when it has international concern -what does international law rely on - -consensus of the international community -most important sources of international law - -treaties and conventions -treaties - -agreements between one or more nations -conventions - -agreements sponsored by international organizations -there are _________ and _______ that become law, how? - -there are treaties and customs that have become so common in practice that they have become law -to establish existence of customary law, what do you have to demonstrate - --duration: passage of time -usus: consistent and recurring action by state (or non-recurring if action is non-involvement) -generality: how common is the practice -opinion: belief by states observing a custom that it is one they must obligatorily follow (most important, most difficult to authenticate) -customary international law - -treaties and conventions when ratified by enough states will become customary international law -persistent objector - -a state who from the conception of the treaty has continued to refuse to abide by it -general principles - -common principles used by states but not able to give a strict and finite definition -fairness and justice -typical sources of persuasive law - -national judicial decisions, international courts and international arbitration decisions, teachings of publicists, UN

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