International Law By : Fully Handayani R

International Law Definition of International Law Scope of International Law Sources of International Law Subjects of International Law International Civil Law

Definitions International Law is law which is related to international events. International Law is part of positive Law in a country. However, it is categorized as “Soft Law”.

Scope of International Law International Law is related to international events, which are in the form of : International tantra events which are discussed in Public International Law, or International civil events which are discussed in Civil International Law

The difference between Public International Law and Civil International Law Public International Law governs relationship that goes across borders or states which is not related to civil relationships. This relationship can be established by and between: states; states and other non state legal subjects (international organizations, for example); non state legal subjects. International Private Law governs the civil relationship between legal actors, each of whom shall comply with the provisions of their national civil laws

Sources of Public International Law Article 38 of the International Court Charter governs that: For international conventions to be adopted by a state, a ratification process needs to be done Common legal principles recognized by civilized states having full respect toward the legal values, for example: Pacta sunt servanda principle Court Decisions, for example: ICC, ICJ Jurisprudence/precedence and Scholars’ opinions International habits

Subjects of Public International Law The Subjects of International Law are the holders of Rights and Obligations set forth in International Law, which include: Sovereign States; Holy See, Vatican; International Red Cross (ICRC); Rebels and armed conflicts (belligerent); Individuals/ natural persons

International Private Law International Private Law governs civil relationship between natural persons, in which there is some foreign substance, though each party complies with their national legislations. The substance of International Private Law include: Private Law ; personal status, citizenship, domicile, legal individual. Property Law: material, immaterial property, agreements. Family Law; marriage, parent-children relationship, adoption, divorce, community property (harta perkawinan). Succession Law; legators, heirs and objects of succession Legal foundation for Intellectual Property Law: Article 16 of Algemene Bepalingen van Wetgeving (A.B) Principles governing Asas HPI tercantum dalam : Pasal 16, 17, 18 AB

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