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INTERNATIONAL LAW different types of information: different types of information: laws, cases and regulations, guides or overviews, policy studies, conventions, recommendations …
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Definitions Foreign law. The domestic law of a country other than your own.Foreign law. The domestic law of a country other than your own. Comparative law. Study comparing laws of two or more countries or two or more legal systems (often includes the study of foreign law).Comparative law. Study comparing laws of two or more countries or two or more legal systems (often includes the study of foreign law). Public international law.Public international law. –Rules dealing with some relations between two ore more states (i.e., countries). –Rules dealing with some relations between states and persons (e.g., human rights). –Rules dealing with international organization. –International economic law is the branch that deals with economic exchanges between states (including monetary, trade and customs law).
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Definitions - II Sources of international lawSources of international law –International convention (treaties) –International custom, as evidence of a general practice accepted as law –The general principles of law recognized by civilized nations –Juridical decisions and teachings of most highly qualified publicists of the various nations Private international law (conflict of law)Private international law (conflict of law) –Rules dealing with relations among individuals that have an international element, typically rules concerning as to which county`s laws apply in a particular dispute.
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Definitions - III Soft law. Guidelines, policy declarations, or codes of conduct that set standards of conduct but are not directly enforceable.Soft law. Guidelines, policy declarations, or codes of conduct that set standards of conduct but are not directly enforceable. Transnational law (the international lex mercatoria).Transnational law (the international lex mercatoria). –Rules governing certain disputes that are accepted regardless of national jurisdiction. –Promoted as a solution to some problems of international commercial law; contracting parties from different countries would both be bound by this transnational law, rather than by law of either party`s country.
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Sources of analysis Preliminary questions –Is there a convention, are there import cases, what is a factual background ? –A list of questions include factual questionsfactual questions questions about the law.questions about the law. Sources of international law -international conventions -international custom -the general principles of law -judicial decisions and teaching
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Sources analysis - II Secondary sources Books and law journal articlesBooks and law journal articles Sources of international lawSources of international law Non-legal sources News, scientific, technical, economic sources helping the factual context for legal issue. Historical work can provide evidence for custom.
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Sources of law United NationsUnited Nations –Created in 1945 by signing the Charter. –The UN has six main organs: the General Assembly, Security Council, Economic and Social Council, Trusteeship Council, Secretariat, and the International Court of Justice. –The UN system includes independent organization, called “specialized agencies”. European UnionEuropean Union
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Fundamental values of the EU The EU as guarantor of peaceThe EU as guarantor of peace Unity and equality as the recurring themeUnity and equality as the recurring theme The fundamental freedomsThe fundamental freedoms The principle of solidarityThe principle of solidarity Respect of national identityRespect of national identity The need for securityThe need for security Fundamental rights in the EUFundamental rights in the EU
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Structure of the European Union First pillar: the European CommunitiesFirst pillar: the European Communities –EC (customs union and single market, agricultural policy, structural policy, trade policy) –new or amended provision (EU citizenship, education and culture, trans-European networks, consumer protection, health, research and environment, social policy, asylum policy, external borders, immigration policy) Second pillar: common foreign and security policySecond pillar: common foreign and security policy –foreign policy (cooperation and common position and measures, peacekeeping, human rights, democracy, aid to non-member countries) –security policy (disarmament, financial aspects of defence, security network) Third pillar: cooperation in justice and home affairsThird pillar: cooperation in justice and home affairs cooperation between judicial authorities in civil and criminal law, police cooperation, combating racism and xenophobia, fighting drugs and arms trade, fighting organised crime, fighting terrors, criminal acts against children, trafficking in human beings
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