CHAPTER 2 - Int'l Trade Law Chapter 2 CHAPTER 2...

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Int’l Trade Law Chapter 2 CHAPTER 2 INTERNATIONAL LAW AND ORGANIZATION I. Public International Law A. Definitions of Public International Law - 1. When people use the words international law, it is often referred to “public” international law! 2. “A rule… that has been accepted as such [law] by the international community.” 3. Involves relationship between states (nations or countries) and applied norms regarded as binding on all members of the international community 4. *Law governing relations between states, business, juridical persons, natural persons, and int’l organizations a. States - nations or countries where in the Montevideo Convention (1933) defined that a state should have (1) government (2) people (3) Land (4) Ability to engage in foreign relations b. Juridical - nonnatural people or business organizations c. Int’l Organizations - NGOs, UN, World Bank, WHO, IMF, WTO, etc. 5. Now it is more commonly thought of as “rules and principles of general application dealing with the conduct of states and of international organizations and with their relations inter se [among themselves] as well as with some of their relations with persons, whether natural or juridical” 6. No codified set of accepted laws 7. Sources of International Law : a. Treaties/conventions b. Customary international law c. International agreements d. General principles common to major legal systems B. Sources of International Law 1. Treaties /Conventions (IA= Int’l agreements). Vienna Convention (1969) Treaty on laws of treaty that defines an enforceable treaty: Required for a treaty to exist a. Int’l subject matter J. Duong 1
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Int’l Trade Law Chapter 2 b. Between states c. In writing d. Governed by int’l laws 2. CIL - Customary International law , requirements a. General and consistent practice b. Accepted as a legal obligation “(opino juris”). Paquete Habana (1900) during the Spanish-American War where a fishing ship was seized, but it was not customary that US did so 3. General Principles recognized by ALL states, examples a. Due process b. Elementary consideration of humanity (Corfu Channel 1949 where no one can go through channel w/o Albania’s consent. British entered in with navy unaware of mines in the channel, lost of lives occurred. Albanians being inhumane by not telling anyone of planted mines 4. Secondary Sources a. Scholarly writing b. Decisions of ICJ (or World Court) C. The Law of Treaties 1. Treaty - a binding agreement, contract, or compact between two or more nations or int’l organizations that is recognized and given effect under int’l law. A treaty becomes effective on the date set out in the treaty for it to “enter into force.” (Except with US, requiring 2/3 senate majority: signed but not ratified issue). Treaties serve to make int’l law more uniform throughout the world
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CHAPTER 2 - Int'l Trade Law Chapter 2 CHAPTER 2...

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