International Law Sources of public international Law

• the body of norms and rules that regulates the conduct (regelt das Verhalten) between states

  • no world government so it is more or less comity (Höflichkeit)

  • Countries agree that they treat each other with dignity and respect

• states that have

  • a defined territory

  • permanent territory

  • a government exercising effective power

  
  

• Intergovernemental organisations

  • permanent organisations that are

  • set up by at least two states

  • Examples are UN, EU, WTO, World bank

—> NGO are no subject to public internatioal law

• Generally individuals are not covered by the public international law

• BUT indivuals are habe human right under the

  • Human Rights by the UN of 1948

  • European Convention on Human Rights of 1950

1. International treaties and conventions

2. Customary Law (ius cogens)

3. General principles of law recognised by civiliesed nations

• Treaties are legally binding agreements between two or more states, conventions are treaties sponsored by an international organisation, e.g. the UN

• We can devide treaties and conventions in the context of public international law in two parts

  1. Bilateral Treaties and conventions:

     • Double tax treaties, bilateral investment treaties, Conventions CETA (Cananda-EU), EPA (EU-Japan)

  2. Multilateral Treaties and conventions

     • WTO agreements in particular GATT, GATS, TRIPS

     • Mercosur, Nafta

     • CISG - Convention of contract for the international sale of goods

• if a pracitice is consistently and reguarly observed by a large number of of major states for a longer period of time that it will be constant and uniform conduct. It is important that those states who recognised those rules are oblied to follow them

  • For Example:

    1. Prohibition on intervention, i.e. the free decision by any state to decide on its political, economical, social and cultural system

    2. State immunity, i.e. a state is not subject to another state’s legal proceedings and enforcement.

    3. Minimum standards regarding the treatment of foreign citizens

    4. Rules on extraterritorial jurisdiction of each state

• Common law

  • For Example:

    1. Ownerships grants very similar rights in all jurisdictions

    2. contract are binding

    3. a person who unlawfully harms a other person is liable to compensation (Tort)

    4. a person who obtained something that at an other person expense without legal reasons has to return it. ((unjust enrichment)