International Law

Public vs. private Public: rights between nations, or nations and citizens of different nations Private: controversies between private persons resulting from relationships with more than one country

International Law Sources: Customary and Conventional International customs: Countries follow practices out of a sense of legal obligation. Customary law was codified in the Vienna Convention on the Law of Treaties.Vienna Convention on the Law of Treaties.

International Law Conventional laws: Treaties & international agreement: A treaty is an agreement between 2 nations that has been ratified by each. (Under the U.S. Constitution, Article II, Section 2, the president agrees, with the advise & consent of the senate if 2/3 of senators agree.) Bilateral – 2 nations. Multinational- several nations: EU & NAFTA For a collection of multilateral treaties, visit the Fletcher School at Tufts. Fletcher School at Tufts.

International Law International Organizations & conferences Organizations through the United Nations.United Nations. International Court of Justice.International Court of Justice World Trade Organization European Union NAFTA

International Law Comparative law Common law system Derived from English traditions The law has primarily developed and continues to be modified through judicial decisions. Civil law system Derived from Continental European traditions The law is developed and modified through enacted law.

For Example: Mexican Legal System Modeled on civil law tradition, most notably the French system. Involves a complete set of written legal codes. If there is a gap or uncertainty, the legislature completes the law. The code is the exclusive source of procedures & rights. Rights & rules that have not been codified do not exist, and are not implied. The legislature, and not the courts, is the traditional source of legal reform.

Mexican Legal System Appellate decisions are generally not binding. Exception: Jurisprudencia, when an identical legal issue is decided in an identical manner for the 5 th consecutive time. Stare decisis is insignificant. The legislature is the primary source of the law as well as changes to the law, and the role of the judiciary is limited.

Mexican Legal System The juicio de amparo (amparo) Is a writ of protection that secures individual rights guaranteed by the constitution Allows individuals to protect constitutional rights in criminal, civil, administrative, and labor disputes. The major weakness is that a favorable judgment resolves only the instant controversy, but does not set precedent or protect similarly situated parties.

The Hierarchy of Law in Mexico would be: Mexican Constitution Treaties Federal Law Regulations State Constitutions State Laws

NAFTA The United States, Canada, and Mexico launched the North American Free Trade Agreement (NAFTA) in It opened up free markets between the 3 countries.

North American Agreement on Labor Cooperation (NAALC) NAFTA countries are not required to enforce the laws of the other countries, but by signing, they have agreed to enforce their own laws.

For Example: Labor & Employment Laws in China Employees beginning work on or after 1/1/08 are covered under the new Labor Contract Law Employment relationship must be based on a written employment contract. 3 Types: Fixed-term contracts Open-ended contracts Contracts for the completion of a certain project

Contract must contain complete information Name, domicile, legal rep of employer Name, domicile, number of the resident ID of worker Term of employment contract Job description & place of work Working hours, rest & leave

Contract must contain complete information (cont’d) Labor compensation Social insurance Labor protection, working conditions & protections against hazards Other matters which laws & statutes require to be included

Leave Regulations (minimum leave for all employees working continuously for over one year) Minimum Annual Paid Leave Continuous Employment 5 days< 10 years 10 days10-20 years 15 days>20 years

There are 11 official national holidays Tomb-Sweeping Day Dragon Boat Festival Mid-Autumn Festival May Day New Year 3-day Spring Festival 3-day National Day

Tighter Restrictions on Probationary Periods Terms of the Employment Contract Maximum Length of the Probationary Period <3 months0 months >3months <1year<1 month ≥1 year <3 months≤2 months ≥3 yrs or open-ended contract ≤6 months

Employment Promotion Law Prohibits discrimination based on Ethnicity Race Gender Disability Religious belief Migrant workers

Age discrimination Not prohibited Mandatory retirement age 60 for men 55 for women

Relevant International Law Convention 111 of the International Labor Organization (ILO) on Discrimination in Respect of Employment and Occupation states, Article 11(1) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) International Covenant on Civil and Political Rights (ICCPR) American Convention on Human Rights (ACHR)

Universal Declaration of Human Rights