1. UNIT 21: PUBLIC international law
English for Lawyers IV
Snježana Husinec, PhD;

2. Public international law vs. Private international law m
Public international law vs. Private international law m. Remember the differences between public and private international law and fill in the table. Why is international law sometimes referred to as ¨soft law¨?
Public international law
Private international law
Subjects
(parties involved)
Sources

3. PUBLIC INTERNATIONAL LAW PRIVATE INTERNATIONAL LAW
Classify the following areas of law into public or private international law.
adoption --- arms control --- contractual relations divorce --- environmental issues --- human rights immigration --- international crime --- maritime law piracy --- war crimes --- asylum
PUBLIC INTERNATIONAL LAW
PRIVATE INTERNATIONAL LAW

4. Public international law
Think of some real life situations in which international cooperation and international law may concern you personally and can make your life easier.
Examples:
When you’re travelling to another country without being burdened about visa, it’s international law in effect. The visa-waiver agreement is a form of international cooperation and treaty-making practice of states.
When you’re travelling abroad and are treated in the same manner as the nationals of that state, it’s international law in effect. You can also start a business there, although there may be more paperwork needed than if you’re a national, you will still enjoy the same rights as the nationals - it’s international law.
When you’re studying in another country and your life is made a lot easier thanks to the embassy of your home state there, it’s international law in effect. Diplomatic cooperation enables your state to establish an embassy so that you don’t have to go back to your home state just to ask for an official stamp or information about immigration.
When, if you’re an Indonesian, you can buy an iPhone 7, it’s international law in effect. Should there be no international trade cooperation and if Indonesia was not a party of an international organization that is WTO, you would not be able to enjoy the luxury of using Apple devices.

5. Regulating Relations between States
Read the text and provide each section with an appropriate subtitle.
Definition of public international law
Hierarchy of sources of international law
Sources of international law
International law vs. Domestic law
International legal personality
Some areas of international law
State responsibility
Use of force

6. Public international law
Read sections 1 and 2 and complete the following statements:
A) International law is __________________________________
_____________________________________________________
B) International legal personality entails
______________________________________
C) ________________ have full international legal personality.
__________________ have a degree of international personality.
__________________ have limited procedural capacity given to them by states

7. Culpability of individuals under international law
The treaty-based and customary law applicable in both international and internal conflicts also governs the conduct of individuals – individual criminal responsibility
Geneva conventions make frequent reference to the acts of individuals (the obligation to ensure respect for the provisions of humanitarian law requires the state not only to ensure that its agents respect the provisions, but all the people under its jurisdiction).
Crimes that can justifiably be prosecuted and punished by international community:
a) GENOCIDE
b) WAR CRIMES
c) CRIMES AGAINST HUMANITY = unlawful acts committed as part of a widespread or systematic attack against a civilian population (murder, extermination, enslavement, deportation, arbitrary detention, torture, rape, persecution on political, racial and religious grounds, rape and enforced prostitution and other inhumane acts).

8. Hierarchy of international law
Read section 4 and establish the hierarchy of international law:
_________________________

9. Sources of international law
Primary sources:
International agreements
Customs
General principles of law
Secondary sources:
Judicial decisions (case law)
(have no binding force)
Teachings of jurists

10. Primary sources - International agreements
bind only the parties to it
established by
the UNITED NATIONS
- The Universal Declaration of Human Rights
The Charter of the United Nations etc.
through INTERNATIONAL TREATIES
- The Geneva Conventions on the conduct of war or armed conflict
- The World Health Organisation
- The UNESCO Convention against Discrimination in Education
- The World Trade Organisation Framework Convention on Tobacco Control
- Vienna Convention on the Law of Treaties etc.

11. The main types of international agreements
Treaty = an international agreement concluded between States in written form and governed by international law, embodied in a single instrument or in two or more related instruments; Bilateral treaties, Multilateral treaties – (eg. Vienna Convention on the Law of Treaty 1969) - if ratified binding on the parties
Charter = constituent treaties of international organizations (an institution or committee); they are the guiding rules and regulations for the functioning of that institution and also might lay down certain limitations for outsiders or participating countries (eg. UN Charter, ICJ Charter )
Convention = 1. (broader meaning ) all international agreements
= 2. ( specific meaning) formal multilateral treaties with a broad number of parties; open for participation by the international community as a whole, or by a large number of states. Usually the instruments negotiated under the auspices of an international organization (e.g. Convention on Biological Diversity of 1992, United Nations Convention on the Law of the Sea of 1982, Vienna Convention on the Law of Treaties of 1969)

12. Primary sources - Customary law and General principles of law
CUSTOMARY LAW - states follow certain practices generally and consistently out of a sense of legal obligation; binds all states
GENERAL PRINCIPLES OF LAW – general principles of fairness and justice which are applied universally in legal systems around the world (“general principles of law recognized by civilized nations” are included in Article 38 of the International Court of Justice Statute are ).
eg. the rule against bias; the principle of reparation; the principle of state responsibility for its agents
used primarily as "gap fillers" when treaties or customary international law do not provide a rule of decision

13. International law vs. Domestic law
Read the section on Internatinal law vs. Domestic law and find the features of international law which distinguish it from international law:
Decentralized and based on consent
No international legislature enacting bindig rules
No international executive enforcing international laws
No compulsory judicial system
(acceptance of jurisdiction is voluntary)

14. Enforcement of public international law
no compulsory judicial system; acceptance of its jurisdiction - based on consent, voluntary
judicial tribunals in certain areas (e.g. trade, human rights)
Name
Scope
Years active
Subject matter
International Court of Justice (ICJ)
Global
present
General disputes
International Criminal Court (ICC)
present
Criminal prosecutions
Permanent Court of International Justice
Appelatte Body of the World Trade Organization
present
Trade disputes within the WTO
International Tribunal for the Law of the Sea
Etc. …
...
1994 – present
Maritime disputes

15. State responsibility and the Use of force
Read the last three sections of the text and answer the following questions:
What is state responsibility?
What is the aim of reparation in the event of breach of international law?
How is aggressionn clasified under international law?
Is the right to self-defence guaranteed to states under any circumstances?
Can the use of force ever be justifiable?
Which are the major subareas of international law?

16. Vocabulary practice I
Do ex. IV on p Translate the collocations into Croatian.
Find in the text the English equivalents for the following legal terms and expressions.
procesna sposobnost za traženje obeštećenja =
smatrati odgovornim za neispunjenje dužnosti=
odredba međunarodnog ugovora =
izričiti pristanak država =
biti uređen međunarodnim ugovorima =
poštivanje međunarodnog prava =
obveza nadoknade štete =
održati ili ponovno uspostaviti međunarodni mir i sigurnost =
upotrijebiti silu =

17. Vocabulary practice I - Key
Do ex. IV and V on p. 214.
Find in the text the English equivalents for the following legal terms and expressions.
procesna sposobnost za traženje obeštećenja = procedural capacity to seek redress
smatrati odgovornim za neispunjenje dužnosti = to be held accountable for non-fulfillment of duties
odredba međunarodnog ugovora = a provision of a treaty
izričiti pristanak država = express consent of states
biti uređen međunarodnim ugovorima = to be governed by treaties
poštivanje međunarodnog parva = observance of international law
obveza nadoknade štete = obligation to make reparation
održati međunarodni mir i sigurnost = to maintain or restore international peace and security
upotrijebiti silu = to employ / use force

18. Vocabulary practice II Change the following verb phrases into noun phrases.
- to adopt a treaty
- to sign a treaty
- to ratify a treaty
- to accede to a treaty
- to enter into force
- to approve a treaty
- to accept a treaty

19. Vocabulary practice II - key Change the following verb phrases into noun phrases.
- to adopt a treaty
- to sign a treaty
- to ratify a treaty
- to accede to a treaty
- to enter into force
- to approve a treaty
- to accept a treaty
- adoption of a treaty
- signature of a treaty
- ratification of a treaty
- accession to a treaty
- entry into force
- approval of a treaty
- acceptance of a treaty

20. Extracts from the Vienna Convention on the law of treaties
How can provisions of international law be incorporated into national legislation?
Why are definitions important in international agreements?
Find the general principles of international law mentioned in the introductory part of the Convetnion.
Find in Section 3, Article 31 the principles that will be applied in the interpretaion of the Convention.
How should treaties authenticated in different languges be interpreted?

21. Vocabulary practice III - What is what in a treaty-making process
Vocabulary practice III - What is what in a treaty-making process? Match the terms and their definitions.
ADOPTION
when a state accepts the opportunity to become a party to a treaty already negotiated and signed by other states. It is the same as ratification. It usually occurs after the treaty has entered into force.
ACCEPTANCE / APPROVAL
a time when a treaty becomes legally binding on the parties to the treaty
ACCESSION
is the formal act by which the form and content of a proposed treaty text are established. It takes place through the expression of the consent of the states participating in the treaty-making process.
ENTRY INTO FORCE
the international act whereby a state indicates its consent to be bound to a treaty. It grants states the necessary time-frame to seek the required approval for the treaty by national legislatures.
RATIFICATION
Has the same legal effect as ratification and consequently express the consent of a state to be bound by a treaty. Used instead of ratification when national law does not require the treaty to be ratified by the head of state.
RESERVATION
Signing a treaty by a representative of a state by which the signatory state expresses the willingness to continue the treaty-making process.
SIGNATURE
is a declaration made by a state by which it wants to exclude or alter the legal effect of certain provisions of the treaty in their application to that state which it does not want to comply.

22. Vocabulary practice III – key
ACCESSION
when a state accepts the opportunity to become a party to a treaty already negotiated and signed by other states. It is the same as ratification. It usually occurs after the treaty has entered into force.
ENTRY INTO FORCE
a time when a treaty becomes legally binding on the parties to the treaty
ADOPTION
is the formal act by which the form and content of a proposed treaty text are established. It takes place through the expression of the consent of the states participating in the treaty-making process.
RATIFICATION
the international act whereby a state indicates its consent to be bound to a treaty. It grants states the necessary time-frame to seek the required approval for the treaty by national legislatures.
ACCEPTANCE / APPROVAL
Has the same legal effect as ratification and consequently express the consent of a state to be bound by a treaty. Used instead of ratification when national law does not require the treaty to be ratified by the head of state.
SIGNATURE
Signing a treaty by a representative of a state by which the signatory state expresses the willingness to continue the treaty-making process.
RESERVATION
is a declaration made by a state by which it wants to exclude or alter the legal effect of certain provisions of the treaty in their application to that state which it does not want to comply.