Comparison Between International Law and National Law - amazonia.fiocruz.br

Was: Comparison Between International Law and National Law

International lawalso known as public international law and law of nations[1] is the set of rules, norms, and standards generally accepted in relations between nations. International law aims at the practice of stable, consistent, and organized international relations. The sources of international law include international custom general state practice accepted as lawtreatiesand general principles of law recognized by most national legal Comparison Between International Law and National Law. International law may also be reflected in international comitythe practices and customs adopted by states to maintain good relations and mutual recognition, such as saluting the flag of a foreign ship or enforcing a foreign legal judgment.

International law differs from state-based legal systems in that it is primarily—though not exclusively—applicable to Compparison, rather than to individuals, and operates largely through consent, since there is IInternational universally accepted authority to enforce it upon sovereign states. Consequently, states may choose to not abide by international law, and even to break a treaty. The relationship and interaction between a national legal system municipal law and international law is complex and variable. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to treaty provisions. National laws or constitutions may also provide for the implementation or integration of international legal obligations into domestic law.

The term "international law" is sometimes divided into "public" and "private" international law, particularly by civil law scholars, qnd seek to follow a Roman tradition. On this view, "public" international law is said to cover relations between nation-states and includes fields such as treaty lawlaw of seainternational criminal lawthe laws of war or international humanitarian lawinternational human rights lawand refugee law.

Bloomberg Law

By contrast "private" international law, which is more commonly termed " conflict of laws ", concerns whether courts within countries claim jurisdiction over cases with a foreign element, and which country's law applies. A more recent concept is " supranational law ", which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system to which the nation has a treaty obligation.

The term "transnational law" is sometimes used to a body of rules that transcend the nation state. The origins of international law can be traced back to antiquity. Interstate pacts and agreements of various kinds were also negotiated and concluded by polities across the world, from the eastern Mediterranean to East Asia. Ancient Greecewhich developed basic notions of governance and international relations, contributed Comparison Between International Law and National Law the formation of the international legal system; many of the earliest peace treaties on record were concluded among the Greek city-states or with neighboring states. The Roman Empire established an early conceptual framework for international law, jus gentium "law of nations"which governed both the status of foreigners living in Rome and relations between foreigners and Roman citizens. Adopting the Greek concept of natural law please click for source, the Romans conceived of jus gentiumas as being universal.

However, in contrast to modern international law, the Roman law of nations applied to relations with and between foreign individuals rather than among political units such as states.

Search form

Beginning with the Spring and Autumn period of the eighth century BCE, China was divided into numerous ethnic Han states that were often at war with each other. Subsequently, there emerged rules for diplomacy and treaty-making, including notions regarding the just grounds for war, the rights of neutral parties, and the consolidation and partition of states; these concepts Beteeen sometimes applied to relations with non-Han "barbarians" along China's western periphery.

Similarly, the Indian subcontinent was characterized by an ever-changing panoply of states, which over time developed rules of neutrality, treaty law, and international conduct. Embassies both temporary and permanent were established between states to maintain diplomatic relations, and relations were conducted with distant states in Europe and East Asia. Comparison Between International Law and National Law the collapse of the western Roman Empire in the fifth century CE, Europe fragmented into numerous often-warring states for much of the next five centuries. Political power was dispersed across a range of entities, including the Churchmercantile city-states, and kingdoms, most go here which had overlapping and ever-changing jurisdictions.

As in China and India, these divisions prompted the development of rules aimed at providing stable and predictable relations. Concurrently, in the Islamic worldforeign relations were guided based on the division of the world into three categories: The dar al-Islam territory of Islamwhere Islamic law prevailed; dar al-sulh territory of treatynon-Islamic realms that have concluded an armistice with a Muslim government; and dar al-harb territory of warnon-Islamic lands whose rulers are called upon to accept Islam. Islamic law in this period institutionalised humanitarian limitations on military conduct, including attempts to limit the severity of war, guidelines for ceasing hostilities, distinguishing between civilians and combatants, preventing unnecessary destruction, and caring for the sick and wounded.

Bloomberg Tax & Accounting

Some of these principles were not codified in Western international law until modern times. During the European Middle Agesinternational law was concerned primarily with the purpose and legitimacy of war, seeking to determine what constituted a "just war ". For example, the theory of armistice held the nation that caused unwarranted war could not enjoy the right to obtain or conquer trophies that were legitimate at the time. In Islam, a similar framework was developed wherein the law of nations was derived, in part, from the Intermational and rules set forth in treaties with non-Muslims. The 15th century witnessed a confluence of factors that contributed to an accelerated development of international law into its current Natuonal. The influx of Greek scholars from the collapsing Byzantine Empirealong with the introduction of the printing pressspurred the development of science, humanism, and notions of individual rights.

Increased navigation and exploration by Europeans challenged scholars to devise a conceptual framework for relations with different peoples and cultures. The formation of centralized states such Comparison Between International Law and National Law Spain and France brought more wealth, ambition, and trade, which in turn required increasingly more sophisticated rules and regulations. The Italian peninsula, divided among various city-states with complex and often fractious relationships, was subsequently an early incubator of click law theory.]