INTERNATIONAL LAWINTERNATIONAL LAW

different types of information:different types of information:

laws, cases and regulations, guides or overviews, policy studies, conventions, laws, cases and regulations, guides or overviews, policy studies, conventions, recommendations …recommendations …

DefinitionsDefinitions

• Foreign law. Foreign law. The domestic law of a country other than The domestic law of a country other than your own.your own.

• Comparative law. Comparative law. Study comparing laws of two or Study comparing laws of two or more countries or two or more legal systems (often more countries or two or more legal systems (often includes the study of foreign law).includes the study of foreign law).

• Public international law. Public international law. – Rules dealing with some relations between two ore more Rules dealing with some relations between two ore more

ststatates (i.e., countries). es (i.e., countries). – Rules dealing with some relations between states and Rules dealing with some relations between states and

persons (e.g., human rights). persons (e.g., human rights). – Rules dealing with international organization. Rules dealing with international organization. – International economic law is the branch that deals with International economic law is the branch that deals with

economic exchanges between states (including monetary, economic exchanges between states (including monetary, trade and customs law).trade and customs law).

Definitions - IIDefinitions - II

• Sources of international lawSources of international law– International convention (treaties)International convention (treaties)– International custom, as evidence of a general practice International custom, as evidence of a general practice

accepted as lawaccepted as law– The general principles of law recognized by civilized nationsThe general principles of law recognized by civilized nations– Juridical decisions and teachings of most highly qualified Juridical decisions and teachings of most highly qualified

publicistpublicistss of the various nations of the various nations

• Private international lawPrivate international law (conflict of (conflict of llaw)aw)– Rules dealing with relations among individuals that have an Rules dealing with relations among individuals that have an

international element, typically rules concerning international element, typically rules concerning as to as to which county`s laws apply in which county`s laws apply in a a particular dispute.particular dispute.

Definitions - IIIDefinitions - III

• Soft law. Soft law. Guidelines, policy declarations, or codes of Guidelines, policy declarations, or codes of conduct that set standards of conduct but are not conduct that set standards of conduct but are not directly enforceabledirectly enforceable..

• Transnational law Transnational law (the international lex mercatoria).(the international lex mercatoria).– Rules governing certain disputes that are accepted Rules governing certain disputes that are accepted

regardless of national jurisdiction.regardless of national jurisdiction.– Promoted as a solution to some problems of international Promoted as a solution to some problems of international

commercial law; contracting parties from different countries commercial law; contracting parties from different countries would both be bound by this transnational law, rather than would both be bound by this transnational law, rather than by law of either party`s country.by law of either party`s country.

Sources of analysisSources of analysis

Preliminary questionsPreliminary questions– Is there a convention, are there import cases, what is a Is there a convention, are there import cases, what is a

factual background ?factual background ?– A list of questionA list of questionss include include

• factual questionsfactual questions• questionquestionss about about the the law.law.

Sources of international law Sources of international law - international conventionsinternational conventions- international custominternational custom- the general principles of lawthe general principles of law- judicial decisions and teachingjudicial decisions and teaching

Sources analysis - IISources analysis - II

Secondary sourcesSecondary sources• Books and law journal articlesBooks and law journal articles• Sources of international lawSources of international law

NonNon--legal sourceslegal sources

News, scientific, technical, economic News, scientific, technical, economic sources sources helping the helping the factual context for legal issue. Historical work can factual context for legal issue. Historical work can provide evidence for customprovide evidence for custom..

Sources of lawSources of law

• United Nations United Nations – Created in 1945 by signing the Charter. Created in 1945 by signing the Charter. – The UN has six main organs: the General Assembly, The UN has six main organs: the General Assembly,

Security Council, Economic and Social Council, Security Council, Economic and Social Council, Trusteeship Council, Secretariat, and the International Trusteeship Council, Secretariat, and the International Court of Justice.Court of Justice.

– The UN system includes independent organization, The UN system includes independent organization, called “specialized agencies”. called “specialized agencies”.

• European UnionEuropean Union

Fundamental values of the EUFundamental values of the EU

• The EU as guarantor of peaceThe EU as guarantor of peace• Unity and equality as the recurring themeUnity and equality as the recurring theme• The fundamental freedomsThe fundamental freedoms• The principle of solidarityThe principle of solidarity• Respect of national identityRespect of national identity• The need for securityThe need for security• Fundamental rights in the EUFundamental rights in the EU

Structure of the European UnionStructure of the European Union

• First pillar: the European CommunitiesFirst pillar: the European Communities– ECEC (customs union and single market, agricultural policy, structural policy, (customs union and single market, agricultural policy, structural policy,

trade policy)trade policy)– new or amended provisionnew or amended provision (EU citizenship, education and culture, trans- (EU citizenship, education and culture, trans-

European networks, consumer protection, health, research and environment, European networks, consumer protection, health, research and environment, ssoocicial policy, asylum policy, external borders, immigration policy)al policy, asylum policy, external borders, immigration policy)

• Second pillar: common foreign and security policySecond pillar: common foreign and security policy– foreign policyforeign policy (cooperation and common position and measures, (cooperation and common position and measures,

peacekeeping, human rpeacekeeping, human rightights, democracy, aid to non-member countries)s, democracy, aid to non-member countries)– security policysecurity policy (disarmament, financial aspects of defence, security network) (disarmament, financial aspects of defence, security network)

• Third pillar: cooperation in justice and home affairsThird pillar: cooperation in justice and home affairscooperation between judicial authorities in civil and criminal law, police cooperation between judicial authorities in civil and criminal law, police cooperation, combating racism and xenophobia, fighting drugs and arms cooperation, combating racism and xenophobia, fighting drugs and arms trade, fighting organised crime, fighting terrors, criminal acts against trade, fighting organised crime, fighting terrors, criminal acts against children, trafficking in human beingschildren, trafficking in human beings