法律知识导读第十二单元 International Law.pptVIP

International Court of Justice（国际法院）：The International Court of Justice (ICJ), located in Hague, Netherlands, is the primary judicial organ of the United Nations. Established in 1945,the Statute of the International Court of Justice, similar to that of its predecessor, is the main constitutional document constituting and regulating the Court. 国际法是指适用主权国家之间以及其它具有国际人格的实体之间的法律规则的总体。国际法又称国际公法，以区别于国际私法或法律冲突，后者处理的是不同国家的国内法之间的差异。根据《国际法院规约》第38条之规定，国际法的渊源包括以下几个方面：条约、国际习惯法、一般法律原则、司法判例及学说等。至于国际法的法律依据，早期西方社会是不承认的，但目前国际法的法律地位已经得到了确认。然而，从实证的角度来考察，名义上国际法对国家具有约束力，但事实上国际社会缺乏有效制裁违法国家的手段。 ------International law is the set of rules generally regarded and accepted as binding in relations between states and between nations, primarily applicable to countries rather than to private citizens. History Existed since the mid-19th century; Two sophisticated legal systems developed in the Western World: the codified systems of continental European states (American Civil Law) and English common law. In the 20th century, the two World Wars and the formation of the League of Nations accelerate this process and established modern public international law. ★ After the failure of the Treaty of Versailles and World War II, the UN has also been the focus for the development of new advisory (non-binding) standards, such as the Universal Declaration of Human Rights. Other international norms and laws have been established through international agreements, including the Geneva Conventions, as well as by agreements implemented by other international organizations. Sources of international law Treaties, international customs, and general principles; judicial decisions and scholarly writings Types of international law Public international law: Public international law (or international public law) governs the relationship between states and international entities. It includes these legal fields: treaty law, law of sea, international criminal law, the laws of