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International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ...
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Geneva Conventions
upright=1.15, The original document in single pages, 1864 The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Convention'' colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone. The Geneva Conventions define the rights and protections afforded to those non-combatants who fulfill the criteria of being '' protected persons''. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventio ...
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Customary International Law
Customary international law consists of international legal obligations arising from established or usual international practices, which are less formal customary expectations of behavior often unwritten as opposed to formal written treaties or conventions. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law. Many governments accept in principle the existence of customary international law, although there are differing opinions as to what rules are contained in it. A rule becomes customary international if two requirements are met: (1) There is a state practice that "appears to be sufficiently widespread, representative as well as consistent" showing that a significant number of states have used and relied on the rule in question and the concept has not been rejected by a significant number of states, (2) states we ...
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Sources Of International Law
International law, also known as "law of nations", refers to the body of rules which regulate the conduct of sovereign states in their relations with one another. Sources of international law include treaties, international customs, general widely recognized principles of law, the decisions of national and lower courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the international community are developed. They have been influenced by a range of political and legal theories. Modern views Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general pr ...
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Sovereign State
A sovereign state is a State (polity), state that has the highest authority over a territory. It is commonly understood that Sovereignty#Sovereignty and independence, a sovereign state is independent. When referring to a specific polity, the term "country" may also refer to a constituent country, or a dependent territory. A sovereign state (polity), state is required to have a permanent population, defined territory, a government not under another, and the capacity to International relations, interact with other sovereign states. In actual practice, recognition or non-recognition by other states plays an important role in determining the status of a country. List of states with limited recognition, Unrecognized states often have difficulty engaging in Diplomacy, diplomatic relations with other sovereign states. History Since the end of the 19th century, almost the entire globe has been divided into sections (countries) with more or less defined borders assigned to different sta ...
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Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law.
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Supranational Union
A supranational union is a type of international organization and political union that is empowered to directly exercise some of the powers and functions otherwise reserved to State (polity), states. A supranational organization involves a greater transfer of or limitation of state sovereignty than other kinds of international organizations. The European Union (EU) has been described as a paradigmatic case of a supranational organization, as it has deep political, economic and social integration, which includes a Single market, common market, Schengen Area, joint border control, a European Court of Justice, supreme court, and regular Elections to the European Parliament, popular elections. Another method of decision-making in international organisations is intergovernmentalism, in which state governments play a more prominent role. Origin as a legal concept After the dropping of atomic bombs on Hiroshima and Nagasaki in August 1945, Albert Einstein spoke and wrote frequentl ...
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European Court Of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France. The court was established in 1959 and decided its first case in 1960 in ''Lawless v. Ireland''. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its member states of the Council of Europe, 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, ...
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International Criminal Court
The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the International criminal law, international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is distinct from the International Court of Justice, an United Nations System, organ of the United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute, the ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights. The Court has faced #Criticism and opposition, a number of criticisms. Some governments have refused to recognize the court's assertion of jurisdiction, with other civil groups also accusing the court of bias, Eurocentrism and racism. Others have also que ...
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Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution ...
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Monism And Dualism In International Law
The terms monism and dualism are used to describe two different theories of the relationship between international law and domestic law. Monism and dualism both offer approaches to how international law comes into effect within states, and how conflicts between national and international law are resolved. In practice, many states are partly monist and partly dualist in their actual application of international law in their national systems. Monism Monists accept that the internal and international legal systems form a unity. Both national legal rules and international rules that a state has accepted, for example by way of a treaty, determine whether actions are legal or illegal. In most so-called "monist" states, a distinction between international law in the form of treaties, and other international law, e.g., customary international law or ''jus cogens'', is made; such states may thus be partly monist and partly dualist. In a pure monist state, international law does not need ...
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Jeremy Bentham
Jeremy Bentham (; 4 February Dual dating, 1747/8 Old Style and New Style dates, O.S. [15 February 1748 Old Style and New Style dates, N.S.] – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism. Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong." He became a leading theorist in Anglo-Americans, Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated Individualism, individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and (in an unpublished essay) the decriminalizing of homosexual acts. He called for the abolitionism, abolition of slavery, capital punishment#Abolition of capital punishment, capital punishment, and physical punishment, includ ...
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