international law outline- g w s b a（国际法轮廓- g w s b）.docVIP

International Law Outline Steinhart Fall 2003 International Law Basics Public vs. Private International Law Public International Law = governs activities of governments Private International Law = individuals, corporations Sources of Authority Statute of the International Court of Justice, Article 38 international conventions; international custom; general principles of law recognized by civilized nations; judicial decisions and teaching of publicists RS §102: A rule of international law is one that has been accepted as such by the international community of states: in the form of customary law; Customary international law results from a general and consistent practice of states followed by them from a sense of legal obligation. by international agreement; for the parties thereto for others if they lead to the creation of customary international law when such agreements are intended for adherence by states generally; AND are in fact widely accepted. by derivation from general principles common to the major legal systems of the world (Jus Cogens). Two Theoretical Perspectives of Int’l Law Natural Law—necessary MORAL limits necessary for humanity to create jus cogens. Positivist—looks to the practices of the states to create jus cogens. Brief History of International Law League of Nations created after 1919 Peace Treaty (no US or USSR) Permanent Court of International Justice established 1921 at the Hague (succeeded in 1946 by the International Court of Justice) International Monetary Fund—established to promote monetary cooperation among nations and stability in foreign exchange. 1958 New York Convention on the Recognition Enforcement of Foreign Arbitral Awards—a decision by an int’l arbitral panel sitting in a contracting country as if the decision were by that domestic court (take award to local court and assets will be seized) Treaties (Conventional International Law) Basic Treaty Definitions Treaties at International law = all international agree