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International Law

By : Fully Handayani R
International Law

Definition of International Law


 Scope of International Law
 Sources of International Law
 Subjects of International Law
 International Civil Law
Definitions

International Law is law which is related


to international events.

International Law is part of positive Law


in a country. However, it is categorized
as “Soft Law”.
Scope of International Law

International Law is related to


international events, which are in the
form of :
 International tantra events which are
discussed in Public International Law, or
 International civil events which are
discussed in Civil International Law
The difference between Public International
Law and Civil International Law

 Public International Law governs relationship that goes


across borders or states which is not related to civil
relationships. This relationship can be established by
and between:
 states;
 states and other non state legal subjects (international
organizations, for example);
 non state legal subjects.

 International Private Law governs the civil relationship


between legal actors, each of whom shall comply with
the provisions of their national civil laws
Sources of Public International Law

Article 38 of the International Court Charter


governs that:
 For international conventions to be adopted by a
state, a ratification process needs to be done
 Common legal principles recognized by civilized
states having full respect toward the legal values,
for example: Pacta sunt servanda principle
 Court Decisions, for example: ICC, ICJ
 Jurisprudence/precedence and Scholars’ opinions
 International habits
Subjects of Public International Law

The Subjects of International Law are the


holders of Rights and Obligations set
forth in International Law, which include:
 Sovereign States;
 Holy See, Vatican;
 International Red Cross (ICRC);
 Rebels and armed conflicts (belligerent);
 Individuals/ natural persons
International Private Law
International Private Law governs civil relationship between natural
persons, in which there is some foreign substance, though each party
complies with their national legislations. The substance of International
Private Law include:
 Private Law ; personal status, citizenship, domicile, legal individual.
 Property Law: material, immaterial property, agreements.
 Family Law; marriage, parent-children relationship, adoption, divorce,
community property (harta perkawinan).
 Succession Law; legators, heirs and objects of succession

Legal foundation for Intellectual Property Law: Article 16 of Algemene


Bepalingen van Wetgeving (A.B)

Principles governing Asas HPI tercantum dalam : Pasal 16, 17, 18 AB


Thank you.

Any questions??