Law enforcement 1.11 International law Lydia Slobodian.

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Presentation transcript:

Law enforcement 1.11 International law Lydia Slobodian

International law LEVELS OF LAW INTERNATIONAL LAW NATIONAL LAW LOCAL LAW

International law LEVELS OF LAW INTERNATIONAL LAW NATIONAL LAW LOCAL LAW

International law National law binds: Individuals Corporations Organisations Government actors

International law International law binds relationship between States.

Public international law Private international law

Public international law Private international law

International law International law binds relationship between States.

International law International law binds relationship between States. Treaties / agreements

Enforced on citizens through national law International law Treaties / agreements Enforced on citizens through national law

State to make laws and control actions of citizens International law STATE SOVEREIGNTY IN COUNTRY Exclusive rights of State to make laws and control actions of citizens

Enforced on citizens through national law International law Treaties / agreements Enforced on citizens through national law

Enforced on citizens through national law International law Treaties / agreements Enforced on citizens through national law

International law Private governance: corporate standards, labels and private certification schemes.

International law Civil society influence: consumer decisions, boycotts, public shaming etc.

International law Problems raised by absence of international law: Transboundary resources

International law Problems raised by absence of international law: Transboundary resources Country A Country B

International law Problems raised by absence of international law: Transboundary resources Country A How to share water and fish? Country B

International law Problems raised by absence of international law: Transboundary resources Country A How to share water and fish? Can they build a dam? Country B

International law Problems raised by absence of international law: Transboundary resources Country A How to share water and fish? Can they build a dam? What about pollution? Country B

International law Problems raised by absence of international law: Transboundary resources Global resources

International law Problems raised by absence of international law: Transboundary resources Global resources Crime against humanity

International law

What other problems would exist in a world without international law?

International law Three main function of international law: Legislative through norms and standards,

International law Three main function of international law: Legislative through norms and standards, Administrative through international bodies, processes, fora and funds,

International law Three main function of international law: Legislative through norms and standards, Administrative through international bodies, processes, fora and funds, Adjudicative through mechanism to resolve disputes.

International law

International law Three principle sources of international law:

u International law Three principle sources of international law: Agreements in written form and countries must show intention to be bound.

v International law Three principle sources of international law: Customary international law (legally binding). It must be: The general practice of states, Followed out of a sense of obligation.

w International law Three principle sources of international law: General principles of law (procedure).

International law HARD LAW vs SOFT LAW "Hard law" = binding,

International law HARD LAW vs SOFT LAW "Hard law" = binding, "Soft law" = not binding but carries some weight.

International law Soft law can become hard law if: Written into agreements, Followed by States.