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Unit 25 International Law. Learning outcomes of the Unit 25 Students will be able to: Students will be able to: 1. define the concept of international.

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Presentation on theme: "Unit 25 International Law. Learning outcomes of the Unit 25 Students will be able to: Students will be able to: 1. define the concept of international."— Presentation transcript:

1 Unit 25 International Law

2 Learning outcomes of the Unit 25 Students will be able to: Students will be able to: 1. define the concept of international law 2. provide examples of documents that belong to international law (and institutions that initiate those documents) 3. describe differences between acts within national legal system and regulations within the system of international law (creation, enforcement, etc.) 4. name the main points of the discussion about legal and moral character of international law (textbook source) 5. explain the concept of arbitration 6. explain and translate key terms related to the topic

3 Comparing definitions (public) INTERNATIONAL LAW MEĐUNARODNO (javno) PRAVO The legal system governing the relationships between nations; the law of international relations, embracing not only nations but also such participants as international organizations and individuals (such as those who invoke their human rights or commit war crimes). Sustav pravnih pravila kojima se ponajprije uređuju odnosi između država, odnosi između država i međunarodnih organizacija, te odnosi između međunarodnih organizacija. Danas i odnosi između pojedinca i države dobivaju međunarodnopravnu dimenziju pa je i pojedinac postao subjekt međunarodnog prava.

4 The source of international law Single state and its legislation = the source of law in idividual states (legislation by parliaments) Relations among states – whose law is applicable? NEW basis created through international agreements and other legally binding documents (contracts, conventions, etc.)

5 The original document of the first Geneva Convention from 1864 The Geneva Conventions comprise: - four treaties - four treaties - three additional protocols - three additional protocols  the standards in international law for humanitarian treatment of the victims of war The singular term Geneva Convention refers to the agreements of 1949, negotiated after the World War II, updating the terms of the first three treaties and adding a fourth treaty

6 Examples of international practise The field of law Područje prava Dokument International industrial property law Međunarodno pravo industrijskog vlasništva Pariška konvencija za zaštitu industrijskog vlasništva, 1883. Law of the sea Međunarodno pravo mora Konvencija UN o pravu mora, 1982 Inernational commercial law Međunarodno trgovačko pravo Različite konvencije Međunarodno željezničko pravo Konvencija o međunarodnom prijevozu željeznicama

7 International Commercial Law - documents - The United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention) -a treaty that is a uniform international sales law. As of September 2014, it has been ratified by 83 countries The Incoterms rules or International Commercial Terms are a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC) -First published in 1936, the Incoterms rules have been periodically updated, with the eighth version— Incoterms® 2010

8 Signing and ratifying a document of international law The term ratification stands for the domestic procedure that translates treaties under international law into domestic law. In many legal systems the legislative body has to pass the treaty in question. That is why it can take a considerable amount of time until a signed treaty gets ratified. In some legal systems (e.g. USA, Austria, Netherlands, Spain, France) some treaties, e.g. treaties defining human rights are directly applicable, i.e. without any implementing legislative act. Verb – to ratify

9 The legal character of international law? Should the acts of individual states be viewed as moral or legal? Or both? International morality versus legalism

10 Arbitration … is a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding. - to arbitrate - arbitral (e.g. arbitral proceedings)

11 Text work Paragraph 1 Paragraph 1 Task 1 - Read the first paragraph of the text in detail. Then, consider each of the following statements and decide if they are in line with the author's attitude. Task 1 - Read the first paragraph of the text in detail. Then, consider each of the following statements and decide if they are in line with the author's attitude. A International law is not legal in its character. B The selfish acts of some states, even if they are injurious to others, are not contrary to international laws. C International law is not the same thing as international morality.

12 Task 2 Task 2 Complete the following statements. Complete the following statements. In practice questions of international law are treated as legal questions by In practice questions of international law are treated as legal questions by _________________and in the national and international________. _________________and in the national and international________. Legal forms and methods are also used in _________________and in _________ Legal forms and methods are also used in _________________and in _________ and ____________ proceedings. and ____________ proceedings.

13 Paragraph 2 Task 1 - Which characteristics of international law speak, according to some theorists against its legal character? Task 1 - Which characteristics of international law speak, according to some theorists against its legal character? i) i) ii) ii) iii) iii) Task 2 - What are, according to Sir F. Pollock the only essential conditions for the existance of law? Task 2 - What are, according to Sir F. Pollock the only essential conditions for the existance of law? i) i) ii) ii)

14 Word study Find words or phrases in the text which mean the following: I In paragraph 1 Part 1 Part 1 a) the one that lessens the value or price of sth b) the opinion formed f) way of acting; g) harmful Part 2 Part 2 a) less formal way to talk about foreign affairs b) an infraction or violation c) to declare before a court d) to attack as untrue by word or argument; to oppose or challenge

15 II In paragraph 2 Part 1 Part 1 a) deceptive (likely to make you believe sth that is not true) b) to give a false or perverted meaning to; misrepresent c) to provide the explanation or cause of sth Part 2 Part 2 a) acting or done without compulsion or obligation b) having an appearance of truth or reason; believable c) disregarding exceptions; in general


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