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What is International Law ?
International law is the body of rules and norms or principles which govern international affairs. It is a term used not only to describe a particular body of law, but a large number of activities undertaken by the community to enforce legal principles.
The aim of International Law is to produce harmonized and mutually accepted rules between countries. The legal system produced by International Law serves as an instrument for achieving this goal.
International law is an academic field of practice and scholarship, part of public international law. International law involves bilateral treaties, arbitration agreements and other diplomatic arrangements between countries. The study of international law involves an understanding of public international law. It is situated at the expert level of both public policy and political science as well as a body of professional knowledge for the communities involved in multinational enterprises, global companies and transnational corporations.
Types Of International Law
- Public International Law – involves international relations that concern human beings. The major component of public international law is the laws created by International Organizations or International Court of Justice. These laws are concerned with rights and duties of individuals, state and non-state actors.
- Private International Law – This law is concerned with the conflicts between two nations. It includes all conventions, treaties, contracts and torts that are of a private nature. The main purpose of this law is to promote uniformity in jurisdiction, conflict of laws and choice of law. The major component of Private International Law is conflicts between state and citizen or state to state.
- International Commercial Laws – This law involves international business transactions such as trade and commerce across borders within the same country or international borders as in the case of free trade agreements. The main examples of these laws are the WTO, NAFTA and GATT agreements.
- International Humanitarian Law – This law involves ensuring protection for civilians and non-combatants during war and armed conflicts.
Importance Of International Law
International law is to produce harmonized and mutually accepted rules between countries. At an international level, there are laws that govern whether an individual from one country can be tried for a crime committed in another country. These laws are called public international law (PIL). Public international law also addresses a civil dispute between individuals in different countries. At the domestic level, this type of law is called private international law (PIL).
At all levels, international law regulates the conflicts between state and citizen or state to state. International law helps in establishing rules in the conflict of civil laws, expropriation and removal of assets, international arbitration and rules regarding liabilities.
International criminal law deals with individuals who are either citizens living outside the country or individuals charged with crimes within the country by other states.
Public international criminal law works to establish rules on how individuals should be tried for crimes committed outside their country. International criminal law also establishes the rules for how individuals are tried for crimes committed within their country. International criminal law concerns itself with both treaties and conventions that address international crimes.
Scenario 1: A student from Nigeria applies to study at Stellenbosch University to study a bachelors degree in Business Administration. The application requires the student, who is a Nigerian citizen, to submit proof that they are not involved in any criminal activity. Stellenbosch University will only accept his application if he is able to prove that he is not associated with any criminal activity. The student could be prosecuted under Nigerian law.
Scenario 2: An individual from one country (A) has a business which is registered in another country (B). The individual spends time in low-risk B, but somehow the government of A discovers this and then issues an Interpol red warrant for the business owner by putting his face on an international wanted list. If this business owner travels through a third country (C), the government of C will have to decide which country has jurisdiction. This is because Interpol red warrants may only be in force in the country where they have been issued. Once jurisdiction is decided, the C government will either contact the country that issued the warrant or if they do not have any contact details, they will arrest and try him based on their own laws.
Topics Studied Under International Law
- Refugee Law
- Refugees of War and Statelessness
- Human Rights
- International Legalese
- International Trade and Diplomacy
- Foreign Policy in Practice
- World Politics and Diplomacy…
- Corruption of Power
- Human Trafficking
- Prosecuting War Crimes
- International Criminal Law
- International Law in the United Nations
- Colonization and Rights of Indigenous Peoples
- Nuclear Weapons and Arms Control
- Sources of international law
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