国际法导论英文.pptVIP

Introduction to International Law Intro International Law versus Law International Law versus Political Science Basic Concepts Learning International Law International Law versus Law “Law” is a system of social rules usually enforced through a set of structured institutions. International Law versus Law “Public law subjects, which relate closely to the state (including constitutional, administrative and criminal law) “Private law subjects (including contract, tort, property) Example of Law First Proposition: 10 Commandments by Moses: #6, Thou Shall Not Kill Second Proposition: If you kill, you will be punished by… International Law versus Law But international law only refers to the first proposition Example of International Law Winners wrote the history. Only the defeated will be labeled as “war criminal.” International Law versus Law International law (public), which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions. International law (private) or conflict of laws, which addresses the question of which legal jurisdiction cases may be heard in. Subtle Difference By definition, International private law is still the “law,” since the domestic courts could generate the ruling toward the legal case and enforce it. Example of International Private Law It is relatively easier for two locals to file divorce. If one of the couple were a foreigner, then the foreign law should be considered by local court. However, it does not mean that foreign country has any say in the legal consideration. It is a private and foreign individual versus the state legal system. And the true international law is one legal system versus another, or others. International Law versus Law The key word is still “enforcement.” Although domestic enforcement did not get all the bad guys, (most of time, the function of domestic law is a lot worse than international law) at least bad guys would not claim themselves as just, like mos