1. INTERNATIONAL LAW I

2. The effectiveness of a legal order is based on
The norms
SOURCES OF LAW §§
that govern
the behavior
SUBJECTS
of the members
of a particular
society
The effectiveness of a legal order is based on
sanctions

3. REACH OF NATIONAL JURISDICTION
Territorial
State responsibility
Actions taken by state officials
Standard of care: national or international
Extraterritorial
Universal crimes

4. WHAT IS INTERNATIONAL LEGAL ORDER?
Subjects of law
Who are the participants in international legal order?
States, international organizations (sometimes private individuals)
Horizontal system of sovereign states
Where is the law, who makes it?
No formal machinery => law comes into effect by general consent of states
Sanctions
=> What is the basis of obligation?
States consider international law binding

5. CONCEPT OF INTERNATIONAL LAW
Different ways to approach:
Public international law
Comparative law
Private international law

6. 1. PUBLIC INTERNATIONAL LAW

7. International law, traditional approach
STATE A
STATE B
”International Law is the body of rules generally
recognized by civilized nations as governing their
conduct towards each other and towards each
other’s subjects.” (Collins English Dictionary)

8. EXAMPLES OF PUBLIC INTERNATIONAL LAW
Sources of international law
Scope of international law
International personality
State territory
State succession
State responsibility to aliens
Law of the sea
Environmental law
International dispute settlement
Law of war

9. SUBJECTS OF PUBLIC INTERNATIONAL LAW
States
Prerequisites of statehood:
Territorial sovereignty
A population
A government capable of
controlling the territory and the people
entering into international relations
Limitations to territorial sovereignty
Servitudes

10. SUBJECTS American-Canadian arbitration tribunal:
United States v. Canada, 1941
A Canadian company built a lead and zinc smelting company in Trail, British Colombia, 10 miles of the U.S. border
Some of the emissions were being carried down the Columbia River Valley and caused damage to land and property in Washington
Canada agreed to pay for damages
The U.S. submitted a question, whether the Trail Smelter should be required to refrain from causing damage in the state of Washington
SUBJECTS
American-Canadian arbitration tribunal:
Under the principles of international law, no state has the right to use or permit the use of its territory in such a manner as to cause injury to the territory of another state

11. SUBJECTS OF PUBLIC INTERNATIONAL LAW (cont.)
States
International organisations
Intergovernmental organisations
Non-governmental organisations
SUBJECTS

12. THE UNITED NATIONS (1) SUBJECTS Goals
Maintenance of peace and security in the world
Promotion of world wide economic and social co-operation
Promotion of the protection of human rights
Achievements by universal respect for international law

13. THE UNITED NATIONS (2) SUBJECTS Organs General Assembly
Security Council
Secretariat
Economic and Social Council
International Court of Justice
Resolves legal disputes between sovereign states
Issues advisory opinions asked by international organizations
UN General Assembly
Security Council chambers
Peace Palace, seat of the ICJ

14. WORLD TRADE ORGANISATION HISTORY
Bretton Woods Conference 1944
=>
General Agreement on Tariffs and Trade GATT 1947
Uruguay Round
The World Trade Organisation Agreement 1994
SUBJECTS

15. WORLD TRADE ORGANISATION
Members: 149 states (Dec 2005)
Targets of the WTO:
Implement the WTO Agreement and its annexes
Act as a forum for ongoing multilateral trade negotiations
Serve as a tribunal for resolving disputes
Review the trade policies and practices of member states
SUBJECTS

16. Dispute Settlement Body Dispute Settlement Panels
THE WTO STRUCTURE
SUBJECTS
Ministerial Conference
General Council
General
Council
meeting as Trade
Policy Review Body
Council for Trade-related Aspects of Intellectual Property Rights
Appellate Body
Council for Trade in Goods
meeting as
Dispute Settlement Body
Council for Trade in Services
Dispute Settlement Panels
Director-General of the Secretariat
Committees
Standing Committees
Modified from Ray August. International Business Law Prentice Hall. New Jersey.

17. SUBJECTS WTO AGREEMENT Valid from 1994
Consists of multilateral trade agreements on
Trade in Goods (GATT)
Trade in Services (GATS)
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Settlement of Disputes (DSU)
Trade Policy Review Mechanisms (TPRM)
SUBJECTS

18. Commodity arrangements
WTO: GATT
Principles
SUBJECTS
MOST-
FAVOURED-
NATION
RULE
NATIONAL
TREATMENT
RULE
PROTECTION
THROUGH
TARIFFS
TRANSPARENCY
Regional integration
Commodity arrangements
Escape clause
Exceptions
Export controls

19. SOURCES OF INTERNATIONAL LAW
International conventions
International customary law
General principles of law
Judicial decisions
Teachings of the most highly qualified publicists of various nations
Art 38(1) of the Statute of the International Court of Justice:

20. SOURCES WHAT GIVES THE Conventions Practices Principles Court rulings
Experts’ statements
the force of international law?

21. SOURCES Case Sei Fujii v. State, 1952
Mr. Sei Fujii, a Japanese alien, purchased real estate in California shortly after World War II
Because he was ineligible for citizenship under U.S. naturalization laws, a trial court held that his ownership of the land violated California’s alien land law and that the land escheated to the state
Mr. Sei Fujii appealed and an intermediate appellate court held that the alien land law violated the UN Charter’s human rights provisions and it reversed the decision of the trial court.
The state of California appealed to the state Supreme Court

22. FISHERIES CASE UK v. Norway 1951
SOURCES
British fishermen refrained from fishing in Norwegian coastal waters for almost 300years
In the early 20th century they, equipped with improved and powerful equipment, entered Norway’s coastal region
Norway enacted legislation that formally delineated a zone along the Norwegian coast as reserved exclusively for fishing by its nationals
Norway strictly enforced this law by seizing any British vessels caught fishing in the restricted region
Britain instituted proceedings before the International Court of Justice arguing that Norway’s claim to the coastal waters violated a generally accepted customary rule of international law

23. Fisheries Case (cont.), International Court of Justice:
SOURCES
Norway had been claiming the disputed waters since 1812
Most countries of the world, including Britain, have never objected
ICC: General toleration of practices give them the force of law