Module 1.2 International Law and the World’s Legal System Flashcards
*is the body of rules applicable to the conduct of
nations in their relationships with other nations,
and with individuals and other private parties,
rules for settling disputes between nations, as
well as rules for intergovernmental
organizations.
*It can also include crimes and criminal
procedures applicable to genocide, war crimes,
and offenses against humanity committed by
individuals in an official capacity.
International Law
- It is not dictated by a legislative body instead, it
is consists of rules that countries agree to follow. - There is no global authority for enforcing
international law.
Characteristics of
International Law
Categories of International
Law
- Public International Law
- Private International Law
Deals with those rules affecting the conduct
of nations in their relationships with each
other and with individuals as citizens or
residents.
Public International Law
Deals with the rights and responsibilities of
individuals, corporations, or other private parties
in their cross-border or international activities, as
well as procedural rules for how courts resolve
private international disputes.
Private International Law
Sources of International
Law
*Treaty
*Convention
*is a legally binding agreement between
two or more nations that is recognized and given
effect under international law.
*It includes Bilateral which is a treaty between
two countries and Multilateral which is a treaty
between three or more countries.
Treaty
is an act of a legislature that renders
a treaty null and void.
Abrogation
a legally binding multilateral treaty
on matters of common concern, usually
negotiated on a regional or global basis and
open to adoption by many nations.
Convention
nations that express their
willingness to join a treaty.
Signatories
Treaty Terminologies
Protocol
Signatories
Ratification
Reservation
Abrogation
an exception to a treaty set out by
signatory country at the time of ratification.
Reservation
Is a body of commonly accepted rules of
conduct, or international norms, that have arisen
out of consistent and long-standing practice, and
that have nations have followed out of a sense
of binding obligation.
Customary International
Law
Is the body of Law and regulations, derived from
national and international sources, that governs
cross border business transactions, the activities
of those doing business in foreign countries or
subject to the jurisdiction of foreign courts , and
the resolution international business disputes.
International Business Law
an agreement that modifies or adds for
a treaty or convention, or that deals with matters
less significant than those dealt within treaties.
Protocol
the formal agreement of a signatory
nation to be bound by the treaty, usually by its
own legislative approval.
Ratification
Crimes Related to
International Business
*Transnational Organized Culture
*Transnational Business Crime
* UN Convention Against Corruption
is organized crime coordinated across national borders,
involving groups or markets of individuals working in more
than one country to plan and execute illegal business
ventures. In order to achieve their goals, these criminal
groups use systematic violence and corruption. Common
transnational organized crimes include conveying
drugs, conveying arms, trafficking for sex, toxic waste
disposal, materials theft and poaching.
Transnational Organized Crime
These are crimes that occur incident to or in
the course of legitimate business, and either
takes place across national borders or have
an effect in more than one country.
Transnational Business Crime
General principles of
Jurisdiction
*Territoriality Jurisdiction
*Nationality Jurisdiction
* Protective Jurisdiction
*Passive Personality Jurisdiction
*Universal Jurisdiction
Refers to a nation’s jurisdiction over all
persons, places and property within the
territory, airspace, or territorial waters of a
country and to crimes committed on vessels
flying that nation’s flag.
Territoriality Jurisdiction
Individuals and corporate citizens owe duties to
comply with the laws of their countries of
nationality no matter where they are in the world.
Nationality Jurisdiction
Allows jurisdiction over noncitizens for acts
committed abroad on the basis of a country’s
need to protect its national security, vital
economic interests, and governmental functions.
Protective Jurisdiction
Gives a country the right to hear cases stemming
from crimes committed against their own citizens
by non-citizens outside of their own territories.
Passive Personality Jurisdiction
