Traditionally, two types of law have been distinguished. On the one hand, there is the national or national law, which deals with the legal relations within the boundaries of a single state and with the organization of that state itself. On the other hand, there is international law (sometimes called “public international law“), which deals with the legal relations between states.
This traditional account is basically a description of the “Westphalian pair” that was debated in the sect. 1.5
There may be clear differences between national and international law in the past, but the pressure is mounting. For example, it is a mistake to assume that states are free to adopt the laws of their choice. A large part of domestic law and regulations in European countries currently begins in Brussels.
International law examples
But in return, most EU law comes from Geneva, New York, or Nairobi. Whether it’s a worldwide trade and investment law, Security Council sanctions, or greenhouse gas emissions standards, legal standards are increasingly being developed at meetings of worldwide organizations or at ad hoc worldwide conferences around the world, rather than in national capitals. Are done.
An example of the interaction of laws and measures by institutions at different levels can be found in the so-called Caddy case. The case provides an example of the interaction between the UN Charter (under which Mr. Kady was financed).
Domestic law (under which sanctions were imposed), EU law (under which sanctions were first changed and then repealed), and the European Convention on Human Rights (ECHR) law, which is the basis It was decided that Mr. Kady’s human rights had been violated.
The Kadi case
In 2001, the UN Security Council decided to freeze the assets of Saudi businessman Yassin Abdullah Qadi on suspicion of financing terrorist activities. The Security Council requested that in addition to the worldwide Atomic Energy Agency’s ongoing inspections in Iran, it monitor Iran’s compliance with “the steps required by the IAEA Board“.
Based on the information provided by the intelligence services, the suspects are identified behind closed doors and there is no trial. Those on the sanctions list are not informed of the measures taken against them. They only know one day that they can no longer withdraw money from their bank accounts. Decisions are binding on UN member states, meaning states need to implement sanctions immediately.
Article 103 of the UN Charter provides that the obligations under the Charter outweigh the obligations of any other state treaty. Within the European Union, Security Council sanctions become part of the EU’s rules and regulations and are therefore binding on EU member states under EU law.
In various court cases, Mr. Kady sought to challenge the sanctions imposed on him. Initially, it was useless, but in 2008 the European Court of Justice (then known as the European Court of Justice) annulled the EU regulation on the grounds that sanctions against it It was alleged that he had not been notified. The evidence against him and therefore the evidence was not able to be challenged.
Under the law of the European Convention on Human Rights – incorporated into the law of the European Union – any person charged with a criminal offense has the right to be informed and to defend himself.
The Caddy case highlights another shortcoming of the traditional account, which states that international law relates only to legal relations between states. Although the lawsuit relates to the legal status of an individual citizen – a situation that is traditionally governed exclusively by domestic law – it is largely governed by worldwide and European law.
Apparently, worldwide law is not just a legal system that governs relations between states, but also a legal system that addresses individual citizens. In the sect. 11.2, we will see that it also addresses other non-state actors.
The Topics of International Law
Private International law deals with many different topics, including but certainly not limited to relations between states. Here are some of them.
War and Peace
Perhaps the most traditional subject of international law has been negotiating the laws of war and peace to resolve disputes between states. The 1949 Geneva Conventions on Human Rights, with their additional protocols, and the 1993 Chemical Weapons Convention, are worldwide agreements on the legal and illegal means by which states wage war. Today, the United Nations plays a central role in safeguarding worldwide peace and security, especially through its Security Council.
Shipping and the use and exploitation of the sea are traditional subjects of international law. The questions that are addressed through the worldwide law of the sea are:
- What restrictions can be imposed on shipping?
- What activities are allowed in the high seas and coastal areas?
- Are states allowed to exploit the seabed?
- Which states have the right to fish in a particular area of the ocean, and how many fish can they catch each year?
Many of these questions are covered in the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
- Defamation Law
- Nuisance Law
- Proximate Cause
- European Union Law
- Example of Nation
- Legal Families Law
- Interpretation Law
Environmental issues such as global warming, greenhouse gas emissions, and water and environmental pollution are beyond the jurisdiction of nation-states. Therefore, they are also regulated by agreements reached between states, such as the Kyoto Protocol on Climate Change and Global Warming, the POP Air Pollution Protocol that controls inter-Brad organic pollution, and the control of marine pollution from ships. MARPOL Conventions.
Economic and Financial Relations
As has become increasingly clear over the past few decades, trade and finance are no longer issues that can be addressed exclusively at the national level. The World Trade Organization (WTO), the World Bank, and the World Monetary Fund (IMF), organizations governed by international law, are examples of the important role of international law in the field of economic and financial relations.
Crime and criminals are not confined to national borders. Crime can have worldwide aspects (for example, drug trafficking), and criminals can move from one country to another to commit their crimes and avoid arrest. This requires worldwide cooperation in the fight against crime, such as the 2000 United Nations Convention against worldwide Organized Crime, the 1988 United Nations Convention on Illicit Trafficking in Narcotic Drugs and Psychotropic Substances, and An worldwide organization such as Interpol (worldwide Criminal Police).