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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extradition
In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction. In an extradition process, one sovereign jurisdiction makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject them to its extradition process. The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. Between countries, extradition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diplomatic Immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities U.S. Department of State, Office of Foreign Missions. It allows diplomats safe passage and freedom of travel in a host country, and affords almost total protection from local lawsuits and criminal prosecution. Diplomatic immunity is one of the oldest and most widespread practices in international relations; most civilizations since Ancient history, antiquity have granted some degree of special status to foreign envoys and messengers. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comity
In law, comity is "a principle or practice among political entities such as countries, states, or courts of different jurisdictions, whereby legislative, executive, and judicial acts are mutually recognized." It is an informal and non-mandatory courtesy to which a court of one jurisdiction affords to the court of another jurisdiction when determining questions where the law or interests of another country are involved. Comity is founded on the concept of sovereign equality among states and is expected to be reciprocal. Etymology The term comity was derived in the 16th century from the French ''comité,'' meaning association and from the Latin '' cōmitās'', meaning courtesy and from '' cōmis'', friendly, courteous. Comity may also be referred to as judicial comity or comity of nations. History of comity (thirteenth century to nineteenth century) The doctrine of international comity has been described variously "as a choice-of-law principle, a synonym for private internati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opinio Juris Sive Necessitatis
''Opinio juris sive necessitatis'' ("an opinion of law or necessity") also simply ''opinio juris'' ("an opinion of law") is the belief that an Action (philosophy), action was carried out as a legal obligation. This is in contrast to an action resulting from Cognition, cognitive reaction or behaviors habitual to an individual. This term is frequently used in legal proceedings such as a defense for a case. ''Opinio juris'' is the subjective element of custom as a sources of law, source of law, both custom (law), domestic and customary international law, international, as it refers to beliefs. The other element is state practice, which is more objective as it is readily discernible. To qualify as state practice, the acts must be consistent and general international practice. A situation where ''opinio juris'' would be feasible is a case concerning Right of self-defense, self-defense. A condition must be met where the usage of force is limited to the situation at hand. The act of stri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preamble To The United Nations Charter
The Preamble to the United Nations Charter is the opening (preamble) of the 1945 United Nations Charter. History Jan Smuts from South Africa originally wrote the opening lines of the Preamble as, "The High Contracting Parties, determined to prevent a recurrence of the fratricidal strife which twice in our generation has brought untold sorrow and loss upon mankind. . ." which would have been similar to the opening lines of the Covenant of the League of Nations. After considerable argument at the United Nations Conference on International Organization, held in San Francisco, particularly Soviet insistence that language regarding the equal rights and self-determination of peoples be included in the Charter, the Preamble was modified significantly. The opening phrase "We the peoples of the United Nations ..", echoing the preamble of the United States Constitution, was suggested by US conference delegates Virginia Gildersleeve and Sol Bloom. The preambulatory phrase " In Larger Freed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations Charter
The Charter of the United Nations is the foundational treaty of the United Nations (UN). It establishes the purposes, governing structure, and overall framework of the United Nations System, UN system, including its United Nations System#Six principal organs, six principal organs: the United Nations Secretariat, Secretariat, the United Nations General Assembly, General Assembly, the United Nations Security Council, Security Council, the United Nations Economic and Social Council, Economic and Social Council, the International Court of Justice, and the United Nations Trusteeship Council, Trusteeship Council. The UN Charter mandates the UN and its Member states of the United Nations, member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter XVI Of The United Nations Charter
Chapter XVI of the United Nations Charter contains miscellaneous provisions prohibiting secret treaties, establishing the UN Charter as supreme over any other treaties, and providing for privileges and immunities of UN officials and representatives. Article 102 Article 102 bans secret treaties. Under this article, all international treaties must be registered with, and published by, the UN Secretariat. The article also states that secret treaties concluded in violation of this provision are unenforceable before UN bodies. Secret treaties were believed to have played a role in the events leading to World War I. Accordingly, U.S. President Woodrow Wilson had proposed banning them in the 1910s, and the League of Nations had created a special bureau of treaty registration under the League of Nations Secretary-General and had set aside a section of the League of Nations Journal for treaty publication. Article 18 of the Covenant of the League of Nations held that "Every treaty or inte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Instant Custom
In physics and the philosophy of science, instant refers to an infinitesimal interval in time, whose passage is instantaneous. In ordinary speech, an instant has been defined as "a point or very short space of time," a notion deriving from its etymological source, the Latin verb ''instare'', from ''in-'' + ''stare'' ('to stand'), meaning 'to stand upon or near.' The continuous nature of time and its infinite divisibility was addressed by Aristotle in his ''Physics'', where he wrote on Zeno's paradoxes. The philosopher and mathematician Bertrand Russell was still seeking to define the exact nature of an instant thousands of years later. , the smallest time interval certified in regulated measurements is on the order of 397 zeptoseconds (397 × 10−21 seconds). 18th and 19th century usage Instant (usually abbreviated in print to inst.) can be used to indicate "Of the current month". For example, "the 11th inst." means the 11th day of the current month, whether that date is in the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opinio Juris Sive Necessitatis
''Opinio juris sive necessitatis'' ("an opinion of law or necessity") also simply ''opinio juris'' ("an opinion of law") is the belief that an Action (philosophy), action was carried out as a legal obligation. This is in contrast to an action resulting from Cognition, cognitive reaction or behaviors habitual to an individual. This term is frequently used in legal proceedings such as a defense for a case. ''Opinio juris'' is the subjective element of custom as a sources of law, source of law, both custom (law), domestic and customary international law, international, as it refers to beliefs. The other element is state practice, which is more objective as it is readily discernible. To qualify as state practice, the acts must be consistent and general international practice. A situation where ''opinio juris'' would be feasible is a case concerning Right of self-defense, self-defense. A condition must be met where the usage of force is limited to the situation at hand. The act of stri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vienna Convention On The Law Of Treaties
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states. Known as the "treaty on treaties", the VCLT establishes comprehensive, operational guidelines, rules, and procedures for how treaties are drafted, defined, amended, and interpreted. An international treaty is a written agreement between countries subject to international law that stipulates their consent to the creation, alteration, or termination of their rights and obligations, as stipulated in the treaty. The Vienna Convention on the Law of Treaties was adopted and opened to signature on 23 May 1969,untreaty.un.org''Law of treaties'', International Law Commission, last update: 30 June 2005. Consulted on 7 December 2008.Vienna Convention on the Law of Tre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
