Chapter 2 - 2:InternationalLaw& 03:58-We recognize that it...

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03:58 -We recognize that it was the rise of the European nation state, that led to the development of modern international law -In 16 th and 17 th centuries legal scholars developed the first modern European concepts of International law -International law arises because nations have agreed to follow customary and accepted rules or norms and to comply with treaties and conventions that they sign International Law Body of rules applicable to the conduct of nations in their relationships with other nations, the conduct of nations in their relationships with individuals, and rules for international, or intergovernmental organizations Also include crimes and criminal procedures applicable to genocide, war crimes, and offenses against humanity committed by individuals in an official capacity Characteristics: Lawmaking by choice and by consent No global authority for enforcing ICJ does issue judgments against nations, but they must agree to be a party and “hard” enforcement does not exist Has only “soft” enforcement like force of public opinion, diplomacy, withholding of foreign aid or other assistance, trade and economic sanctions, political retaliation Public and Private International Law Public Rules affecting the conduct of nations in their relationships with each other and with individuals Ex.) Resolving territorial or boundary disputes, conducting diplomacy or war, how nations treat foreign citizens Private Rights and responsibilities of private individuals or corporations operating in an international environment Ex.) International conventions and rules for international business transactions including sales contracts, international shipping Harmonization of law—process of making national laws more uniform
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Sources of International Law Primary International treaties and conventions, custom or customary laws, general principles of law recognized by civilized nations Secondary Subsidiary means for the determination of rules of law Judicial decisions and teachings of highly qualified jurists Provide evidence of what international law might be or how it should be interpreted Customary International Law Commonly accepted rules of conduct that, through a consistent and long standing practice, nations have followed out of a sense of binding obligation US Alien Tort Claims Act (Alien Tort Statute or ATS) Gives the federal courts jurisdiction over civil actions for damages brought by non-US citizens for torts committed against them by other non-US citizens outside of the US in violation of the law of nations Law of Treaties Treaty-legally binding agreement, contract, or compact, between 2 or more nations that is recognized and given effect under international law Bilateral Treaty-between 2 countries Multilateral Treaty-3 or more countries Pacta Sunt Servanda-“the pact must be respected”: treaties are binding on the parties by consent and must be performed in good faith Convention-legally binding multilateral treaty on matters of common concern, usually negotiated
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This note was uploaded on 02/15/2012 for the course BLS 464 taught by Professor Humbauch during the Spring '11 term at Miami University.

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Chapter 2 - 2:InternationalLaw& 03:58-We recognize that it...

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