Defination of public International Law

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Defination of public International Law

Unread postby Admin » Sun Dec 02, 2012 9:12 am

Definitions of International Law
What is public International Law
International Law is comprised of (1) treaties, (2) decisions of "international courts" (e.g., the International Court of Justice), (3) the past practice of nations and (4) the writings of international law scholars. As such, International Law is distinct from "Foreign Law," which is the law of other countries.

Public International Law is the law of the political system of nation-states. It is a distinct and self-contained system of law, independent of the national systems with which it interacts, and dealing with relations which they do not effectively govern. Since there is no overall legislature or law-creating body in the international political system, the rules, principles, and processes of international law must be identified through a variety of sources and mechanisms. This can make international law appear difficult to pin down. Students and scholars in the United States often use the Restatement of the Law (Third), the Foreign Relations of the United States as a guide to identifying international law as applied in the US.

ALI Restatement 3rd, Section 101, International Law Defined:
"International law, as used in this Restatement, consists of rules and principles of general application dealing with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical."

From the Oxford English Dictionary:
"[I] international law, the law of nations, under which nations are regarded as individual members of a common polity, bound by a common rule of agreement or custom; opposed to municipal law , the rules binding in local jurisdictions."
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