Académique Documents
Professionnel Documents
Culture Documents
Prepared by :-
Musbri Mohamed
DIL; ADIL ( ITM )
Pursuing MBL ( UKM )
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International Law
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GATT/WTO
Regional Agreements
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Unlike federal or state statutory law, judge-
made common law, or administrative law,
international law is not created by a
sovereign. That is, international laws are
not effective until ratified by sovereign
national governments.
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What is international law?
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Most generally, international law consists of the body
of rules & procedures that are intended to govern
relations between nations or states.
International law has traditionally
been based on the notion of state
sovereignty, but that concept has
been breaking down because of
the globalization. Interactions
between states have become more
complicated, involving a wide array
of issues that require them to give
up some of their sovereignty in
order to have effective relations
with each other.
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Art. 38(1) of the Statute of the I.C.J.
defines customarily recognized sources:
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International Organisations
1. UN
a. Structure/Security Council
b. Kyoto
c. Hazardous Waste
2. EU
a. Structure
b. Environment (Waste or Nature
Conservation).
3. WTO
a. Structure
b. Conflict Trade/Environment
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What is Law?
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Law is not necessarily congruent with
-Justice
-Morality
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Purpose of Law
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Position of Law within the Whole
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Why is Law Binding?
Formally: because it is made in
accordance with the applicable rules (e.g.
an act made by parliament in accordance
with the provisions of the constitution)
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Public International Law: regulates the
relations between national states. Now,
through conventions, it also recognizes the
rights of individuals and, thus, governs
relations between a state & citizens of other
states.
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“International custom” & “General principles”:
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Approaching a Research Problem in Int’l Law:
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Public Law (the law governing the relationship
between individuals and the state or between
states).
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Private Law (the law governing the
relationship between individuals).
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Criminal Law (the law that deals with crime
and the legal punishment of criminal offences).
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Sources of Law
Levels:
Local government
State within a federal state / province
National
Supranational (e.g. EU)
International
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Common law
Term:
1. Opposite of civil law (here relevant).
2. Opposite of statutory (written) law.
Spread:
Mainly UK, Ireland, North America, Australia, New Zealand
(mix of common and civil law in Scotland and Quebec (CA)).
Origin:
Development since the Norman rule from 1066 A.D. (no
major
impact of Roman law).
Country of origin = England.
Characteristics:
Traditionally no codification of law (now more and more
statutes)law mainly made by judges in court through
development
of general principles by comparision of cases focused on
practical
needs, i.p. of trade strict rules on departure from previous
judgements (precedents) on same issue. 21
Civil law
Origin: Roman law (500 A.D.); adopted in Europe from Middle Ages.
Characteristics:
Codification of law (e.g. French „Code Civile“ (1804), German ,
Bürgerliches Gesetzbuch“ (1900)) -> law made by parliament.
Very abstract + systematic.
Development of general principles mainly through writing of legal
scholars.
Function of judges = application of law; precedences not binding.
Sub-categories:
Romanistic family (French impact; more directly based on Roman
law).
Germanic family (based on reception of Roman law in German
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countries in medieval times).
Islamic law
Characteristics:
Based on islamic religion.
Main source = Qur‘an (7th century; will of Allah
revealed to mankind through prophet Muhammed)not
man made, but made by Allah -> Unchangable by men
rules cover private life also (e.g. drinking, prayers).
Applies to all Muslims regardless of nationality or
residence.
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Indigenous law
Characteristics:
Not in writing (oral transmission).
Gradual development depending on social needs (factors:
time, place, way of life).
Not very complex.
Originally based on consensus (no means of enforcement).
Application limited to group of people without state quality.
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Conflict of Laws
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Problem:
private law = national law (i.e. every state has its own
legal system)
but in practice often legal situations that touch more than
one state (e.g. international trade; marriage of citizens of
different states)
Possible solutions:
Application of one national private law to be chosen by
conflict of laws principles.
Creation of universal laws / rules applicable regardless of
national borders (see lessons on international commercial
contracts and arbitration).
Harmonisation / unification of national laws (e.g. EU).
Definition:
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Possible criteria for choice of law (Principles
are based on considerations of reason,
convenience, utility) :
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Execution and Enforcement of Law
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Construction / Interpretation of Law
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= the process of determining how the
provisions of the general law relate to a
specific legal case.
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Established rules / approaches:
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Method of IL
Your Expectations / Ideas / Proposals
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Topics of IL
Your Expectations / Ideas / Proposals
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Criteria for the Assessment of Presentations
Content of presentation
(handling of topic, structure, understandability,
focus on important points).
Difficulty of topic.
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Technological change, basically improvement in
communications (Internet), accelerated the progress
of globalization
Firms were able to access market knowledge quicker
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The scope and authority of international law have thus expanded
dramatically during the era of globalization. Historically,
international law addressed only relations between states in certain
limited areas (such as war and diplomacy) and was dependent on the
sovereignty and territorial boundaries of distinct countries (generally
referred to as “states”).
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What Is International Law?
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Is International Law Really “Law”?
There are several ways to think about law. In the domestic legal system,
we think of law as the rules that the government issues to control the
lives of its citizens. Those rules are generally created by the legislature,
interpreted by the judiciary, and enforced by the executive branch, using
the police, if necessary, to force citizens to obey.
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What Are the Sources of International Law?
Treaties are the strongest and most binding type because they
represent consensual agreements between the countries who sign
them. At the same time, rules of international law can be found,
as stated in the statute of the International Court of Justice (ICJ),
in customary state practice, general principles of law common to
many countries, domestic judicial decisions, and the legal
scholarship.
Thank you.
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