1. SCOPE OF INTERNATIONAL LAW

2. The effectiveness of a legal order is based on
The norms
SOURCES OF LAW §§
that govern
the behavior
SUBJECTS
of the members
of a particular
society
The effectiveness of a legal order is based on
sanctions

3. REACH OF NATIONAL JURISDICTION
Territorial
State responsibility
Actions taken by state officials
Standard of care: national or international
Extraterritorial
Universal crimes

4. WHAT IS INTERNATIONAL LAW?

5. 1. INTERNATIONAL LAW,
TRADITIONAL APPROACH

6. Public International Law
STATE A
STATE B
”International Law is the body of rules generally
recognized by civilized nations as governing their
conduct towards each other and towards each
other’s subjects.” (Collins English Dictionary)

7. WHAT IS INTERNATIONAL LEGAL ORDER?
Subjects of law
Who are the participants in international legal order?
States, international organizations (sometimes private individuals)
Horizontal system of sovereign states
Where is the law, who makes it?
No formal machinery => law comes into effect by general consent of states
Sanctions
=> What is the basis of obligation?
States consider international law binding

8. EXAMPLES OF PUBLIC INTERNATIONAL LAW
Sources of international law
Scope of international law
International personality
State territory
State succession
State responsibility to aliens
Law of the sea
Environmental law
International dispute settlement
Law of war

9. SUBJECTS OF PUBLIC INTERNATIONAL LAW
States
Prerequisites of statehood:
Territorial sovereignty
A population
A government capable of
controlling the territory and the people
entering into international relations
Limitations to territorial sovereignty
Servitudes

10. American-Canadian arbitration tribunal:
United States v. Canada, 1941
A Canadian company built a lead and zinc smelting company in Trail, British Colombia, 10 miles of the U.S. border
Some of the emissions were being carried down the Columbia River Valley and caused damage to land and property in Washington
Canada agreed to pay for damages
The U.S. submitted a question, whether the Trail Smelter should be required to refrain from causing damage in the state of Washington
American-Canadian arbitration tribunal:
Under the principles of international law, no state has the right to use or permit the use of its territory in such a manner as to cause injury to the territory of another state

11. SUBJECTS OF PUBLIC INTERNATIONAL LAW (cont.)
States
International organisations
Intergovernmental organisations
Non-governmental organisations

12. THE UNITED NATIONS Goals Organs Provide for international peace
Promote world wide social progress
Foster a universal respect for international law
Organs
General Assembly
Security Council
Secretariat
Economic and Social Council
International Court of Justice
Resolves legal disputes between sovereign states
Issues advisory opinions asked by international organizations

13. SOURCES OF INTERNATIONAL LAW
International conventions
International customary law
General principles of law
Judicial decisions
Teachings of the most highly qualified publicists of various nations
Art 38(1) of the Statute of the International Court of Justice:

14. WHAT GIVES THE
Conventions
Practices
Principles
Court rulings
Experts’ statements
the force of international law?

15. Case Sei Fujii v. State, 1952
Mr. Sei Fujii, a Japanese alien, purchased real estate in California shortly after World War II
Because he was ineligible for citizenship under U.S. naturalization laws, a trial court held that his ownership of the land violated California’s alien land law and that the land escheated to the state
Mr. Sei Fujii appealed and an intermediate appellate court held that the alien land law violated the UN Charter’s human rights provisions and it reversed the decision of the trial court.
The state of California appealed to the state Supreme Court

16. Case Sei Fujii v. State (cont.)
Supreme Court of California, 1952:
UN Charter is a treaty
A treaty does not automatically supersede local laws which are inconsistent with it, unless the treaty provisions are self-executing
In determining whether a treaty is self-executing, courts look to
The intent of the signatory parties as manifested by the language of the instrument
The circumstances surrounding its execution
=>
The UN Charter provisions were not intended to supersede existing domestic legislation, but
The California alien land law was regarded invalid as in violation of the U.S. Constitution, which forbade racial discrimination

17. FISHERIES CASE UK v. Norway 1951
British fishermen refrained from fishing in Norwegian coastal waters for almost 300years
In the early 20th century they, equipped with improved and powerful equipment, entered Norway’s coastal region
Norway enacted legislation that formally delineated a zone along the Norwegian coast as reserved exclusively for fishing by its nationals
Norway strictly enforced this law by seizing any British vessels caught fishing in the restricted region
Britain instituted proceedings before the International Court of Justice arguing that Norway’s claim to the coastal waters violated a generally accepted customary rule of international law

18. Fisheries Case (cont.), International Court of Justice:
Norway had been claiming the disputed waters since 1812
Most countries of the world, including Britain, have never objected
General toleration of practices give them the force of law

19. TUNAFISH CASE

20. 2. INTERNATIONAL LAW,
COMPARATIVE APPROACH

21. Comparative Law §§
STATE A §§
STATE B

22. 2. ANGLO-AMERICAN COMMON LAW
MAIN LEGAL SYSTEMS
1. CIVIL LAW
THE ROMANO GROUP
THE GERMANIC GROUP
2. ANGLO-AMERICAN COMMON LAW
= CASE LAW
3. ISLAMIC LAW SYSTEM

23. HISTORY OF ROMANO-CERMANIC CIVIL LAW SYSTEM
ROME
12 tables 450 B.C.
Corpus Iuris Civilis A.D.
CATHOLIC
CHURCH
> Canon law
GLOSSATORS,
COMMENTATORS,
STUDENTS,
A.D.
Effects on
the English
law
Ius Commune
(Common law of
Europe)
GUILDS,
MERCHANTS
Lex Mercatoria
Legal nationalism
A.D.
Followed by:
Austria, Czechoslovakia, Greece, Hungary, Switzerland, Turkey, Japan, South Korea, Scandinavian countries…
Followed by:
The Netherlands, Belgium, Poland, Spain, Portugal, Latin America, Indochina,
sub-Saharan Africa, Indonesia…
Effects on
national
jurisdictions
German Civil
Code 1896
Code Napoleon
1804

24. Lex Mercatoria
consists of common trade practices and norms of customary law among international trading partners.
It dates back to the Renaissance. Its main principles are that a merchant must deal in good faith, contracts are binding and resorting to arbitration tribunals .

25. ANGLO-AMERICAN COMMON LAW SYSTEM
1066 Normans conquered England
William the Conqueror began to centralize the governmental administration
King’s courts represented the common custom of the realm => COMMON LAW
EQUITY: complementary and supplementary norms
ADMIRALTY: law and court with jurisdiction over marine affairs

26. CIVIL LAW - COMMON LAW The grounds for deciding cases are found in
Codes
Statutes
Prescribed texts
The cases are decided on basis of
Court decisions, precedents

27. CHARACTERISTICS OF RULINGS: INTERNATIONAL ACCEPTANCE:
COMPARISON BETWEEN
CIVIL LAW COMMON LAW
BASIC SOURCE:
Codified law, abstract principles
Specific circumstances
=> precedents => case law
FACT FINDER:
Judge
Jury
CHARACTERISTICS OF RULINGS:
Predictability, consistency, uniformity
Unpredictability, flexibility,
procedural emphasis
EFFECTS ON BUSINESS:
Contracts can be lacking in detail
Contracts must be comprehensive and detailed
INTERNATIONAL ACCEPTANCE:
Focus on national issues
Refined to cope with issues of international trade

28. Ray August. International Business Law. 2000. Prentice Hall. New Jersey

29. ISLAMIC LAW SYSTEM Main source of Shari’a is Koran Other sources:
Sunna: traditional teachings and practices of the Prophet Muhammad
Writings of Islamic scholars who derived rules by analogy from the principles established in the Koran and the Sunna
Consensus of the legal community
No evolution of Islamic law since the 10th century A.D.
Shari’a is primarily a moral code

30. 3. INTERNATIONAL LAW, WIDER APPROACH
”International law is the body of rules and norms that regulates activities carried on outside the legal boundaries of states”. (Ray August)

31. Private International Law
STATE A
STATE B

32. EXAMPLES OF PRIVATE INTERNATIONAL LAW
Contracts and sales
Transportation
Money and banking
Financing
Securities regulations
Intellectual property
Taxation
Torts
Inheritances
Nationality
Marriage and divorce