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International Law explained by Hesham Elrafei |  What are the sources of International Law?
 
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What are the sources of International public law? Le droit international expliqué | Quelles sont les sources du droit international? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei Overview of the sources of international public law as stated in Article 38 of the international court of justice ICJ statute : treaty, customary law, courts decisions, jurisprudence and law principles. Sources of International Law , explained , simplified and visualized. Les sources du droit international public مصادر القانون الدولي وفقال لمادة 38 من النظام الأساسي لمحكمة العدل الدولية 1 What are the sources of international law? 2 The term ‘source of law’ refer to legal rules governing the international community. 3 Unlike national laws , where sources of law are specified in a norm superior to laws and regulations, usually a constitution, no such norm exists in international law. 4 The International Court of Justice, stipulated a catalogue of sources of international law, which is used when deciding legal disputes submitted before the world court. 5 the first source is international treaties, whether a general or particular treaty, a bilateral ,regional or multinational one, 6 a treaty is a binding international agreement. by which the countries are obliged to observe their contractual obligations. 7 the 2nd source is customary law. At the outset, international law was mainly constituted by customs. 8 which is by its nature, universal, whereas treaty law binds the parties to these treaties only 9 International custom consists of 2 elements: First is State practice, which means What generally States Do and Say. 10 Oppinio Juris is the 2nd element of customary law. It means that the state practice, has to be accepted as law, by the other states. 11 In addition to treaties and customs, other sources exist, such as Judicial decisions , juristic writings and general principles of law. 12 while they are not formal sources , they can still play an important role as an evidence of the law.
Views: 160114 Hesham Elrafei
Sources of International law
 
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According to article 38 of Statute of the International Court of Justice there are five sources of international law. 1. Treaties 2. Customs 3. General Principles of law 4. Judicial Decisions 5. Juristic works
Views: 95344 LAW Notes
International Law Explained
 
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If you're interested in licensing this or any other Big Think clip for commercial or private use, contact our licensing partner Executive Interviews: https://www.executiveinterviews.biz/rightsholders/bigthink/ The depth and breadth of international law. Kal Raustiala: I think international law is one of these things that's a little bit like the air where it's everywhere. We don't really notice it so when you get on a plane and you fly to Europe the ability to get on that plane, cross over the air space of other countries, sometimes you see the little map when you're in the plane that shows you're crossing over Greenland or whatever, all of that is governed by international law in different ways. Different treaties are in place to take care of all the questions that might arise about aviation. So that's a really mundane example and then at the other extreme we've got much more contentious examples like--  Let's take the war in Iraq. So as most of us remember in the run up to the war the Bush administration went to the security council at the United Nations and tried to get a second resolution, and they're doing that because there is a legal framework in place that governs the ability of countries to enter in to armed conflict. So between those two bookends a zillion other examples but I think the thing to recognize about international law is in a globalized world, in an integrated world, you are constantly dealing with things that are crossing borders or you're crossing borders and international law is usually playing some role in shaping that. Question: What dictates international law?the most common thing are treaties and most of us are familiar with--  I mentioned aviation. There are treaties governing that. The UN itself was created by a treaty. So treaties are kind of the backbone a little bit like we think of statutes in the domestic context, but we do have something like common law. We call it customary law so a good example would be the law of the sea. There's all kinds of rules about ships and their ability to go on the high seas and who can board and where they can cross. Most of that is governed by custom and the idea is this custom kind of a cruise over time like the common law becomes entrenched and accepted as law, and then there is also courts. Right. So we have--  The International Court of Justice sits in The Hague and we've got a series of other courts. Right. The World Trade Organization has a court and so forth. So there is a set of judicial institutions much like in our domestic system so in a lot of ways it's a very similar system. There isn't I suppose a constitutional equivalent. There isn't a kind of grand governing thing but there are literally tens of thousands of treaties so a surprising amount of topics are covered.Question: Who are the governing bodies?There are a whole set of international organizations so from the United Nations being the most broad, the most elaborated, probably the most famous. The World Trade Organization is a little more specialized and then you've got dozens and dozens and dozens, thousands probably, of these subsidiary international organizations, international maritime organization dealing with law of the sea questions and so on down the line. And these have been created over the years. Some of them date back to the nineteenth century but for the most part that's a kind of twentieth-century phenomenon so one of the things we see in the last century or so has been one, the rise of these international organizations, the UN being the paramount example, and two, the use of treaties. Treaties existed in the past but when we talked about custom and common law that was much more common. Now we tend to codify that in to treaty. So those two things are sort of two major trends of the last century.Question: How will globalization affect international law?in the sense that you can have a treaty for example in which every country is a member of that treaty and so would be governed by that, and in fact we have lots of treaties that are pretty close to what you've got in virtually every single country. The Convention on the Rights of the Child I think is a good example where only the United States and Somalia when I last checked were not parties to that treaty. The United Nations Charter comes pretty close. Right. So virtually every country--  Switzerland for a long time was a holdout. Virtually every country is part of the UN system and so governed by the rules of the UN Charter so there is no barrier to that and we do see it.
Views: 114208 Big Think
Sources of International Law Lecture 4
 
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Article 38 of ICJ International convention International customs General principles of law recognized by civilized Nations. Judicial decisions/juristic works. Ex aequo et Bono. Decisions and determinations of organs of international institutions. Opinio juris sive necessitatis. Usages. International Rules of Comity. State papers. State guidance for their officers. Reasons. Equity and justice. Case laws. West Rand Central Gold Mining Company Ltd vs R 1905. Portugal vs India 1960. Mavrommatis Palestine Concession Case 1964. Temple of Preah vihear 1962. Barcelona Traction Case 1964. R vs. Keyn 1876 Paquete Havana case 1900.
Views: 12303 Vineet Kumar NET/JRF
Sources of International Law
 
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Description- This video covers Main Sources of International law- International Conventions International Customs General Principles of Law Decisions of Judicial and Arbitral Tribunals Juristic Works Decision or determination of the Organ of International Organizations Other Sources: International Comity States Papers Decision or Instruction of States to its Officers/Diplomats Reasons ( Logic) Equity & Justice
Views: 3114 Sisodia Educator
IHL and Humanitarian Principles
 
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IHL and Humanitarian principles The Advanced IHL Learning Series are addressed to lecturers and trainers who wish to update their knowledge of the latest developments and challenges in international humanitarian law (IHL) and other related areas. They enable lecturers to update and deepen their expertise in topical issues, have access to teaching resources and introduce the topics in their course or training. What are the respective aims of IHL and the humanitarian principles? What are their sources? Who are they addressed to? Does IHL refer to the principles? What is the normative framework governing relief operations? How can the principles help foster respect for IHL? This Advanced IHL Learning Series provides lecturers with a wide range of resources to understand and teach these issues. For more information please visit: https://www.icrc.org/en/ihl-and-humanitarian-principles
Principles of International Law I Justice Jawad Hassan I Key-note Address
 
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Justice Jawad Hassan is the sitting judge of Lahore High Court having expertise on Public and Private International Law.
Views: 695 Qanoondan
What is LAW OF THE SEA? What does LAW OF THE SEA mean? LAW OF THE SEA meaning & explanation
 
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✪✪✪✪✪ We're uploading our new videos at - https://bittubers.com/profile/TheAudiopedia . Check us out and SUBSCRIBE there. ✪✪✪✪✪ ✪✪✪✪✪ The Audiopedia Android application, INSTALL NOW - https://play.google.com/store/apps/details?id=com.wTheAudiopedia_8069473 ✪✪✪✪✪ What is LAW OF THE SEA? What does LAW OF THE SEA mean? LAW OF THE SEA meaning - LAW OF THE SEA definition - LAW OF THE SEA explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. Law of the Sea is a body of international law that concerns the principles and rules by which public entities, especially states, interact in maritime matters, including navigational rights, sea mineral rights, and coastal waters jurisdiction. It is the public law counterpart to admiralty law, which concerns private maritime intercourse. The United Nations Convention on the Law of the Sea, or "UNCLOS", concluded in 1982 and put into force in 1994, is generally accepted as a codification of customary international law of the sea. Disputes are resolved at the International Tribunal of the Law of the Sea (or "ITLOS"), a court in Hamburg. In 2017, ITLOS celebrated 20 years of existence, during which time it had settled some 25 cases. The Tribunal has jurisdiction over all disputes concerning the interpretation or application of the Convention, subject to the provisions of article 297 and to the declarations made in accordance with article 298 of the Convention. The judge are derived from a wide variety of nations. With many people worldwide now turning their eyes to an ocean in peril, the Law of the Sea convention turned into a global diplomatic effort to create a basis of laws and principles for all nations to follow concerning the sea and everything it held. The result: A 1982 oceanic constitution, called the United Nations Convention on the Law of the Sea. Between New York, USA and Geneva, Switzerland, ambassadors from 165+ countries sat down to trade and barter for their nations' rights. The conference created the standard for a 12-mile territorial sea around a land and allowed it to gain universal acceptance. Within these limits, states are free to enforce any of their own laws or regulations or use any resources. Furthermore, each signatory coastal state is granted an Exclusive Economic Zone (or "EEZ"), in which that state has exclusive rights to fisheries, mineral rights and sea-floor deposits. The Convention allows for "innocent passage" through both territorial waters and the EEZ, meaning merchant ships do not have to avoid such waters, provided they do not do any harm to the country or break any of its laws. Military ships do NOT have the right to pass through another nation's EEZ unless permission is granted. This can cause difficulties for Russia, whose Baltic fleet and Black Sea fleet do not have unobstructed access to the great oceans. By contrast, the USA (which is not a signatory to UNCLOS) has free access to the Atlantic, Pacific and Arctic oceans, and to the Gulf of Mexico. Because the EEZ is so extensive, ITLOS may need to determine the ocean boundaries between states, as they did in 2012 between Bangladesh and Burma (Myanmar). As the Arctic Ocean becomes increasingly important for both navigation and resources, the USA may find it necessary to submit to UNCLOS to clarify the Alaska/Canada border. The Law of the Sea should be distinguished from Maritime Law, which deals with topics such as law of carriage of goods by sea, salvage, collisions, marine insurance and so on. In maritime law disputes, normally at least one party is a private litigant, such an individual or a corporation.
Views: 29318 The Audiopedia
GENERAL PRINCIPLES OF LAW
 
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Views: 3033 Sam Life
Jurisdiction of States explained | International Law | Lex Animata  | Hesham Elrafei
 
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States jurisdiction in international law : concept, types and examples. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs, and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , however, there must be a link , between the individual , the offence and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors. State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs. and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , in relation to civil and criminal matters. however, there must be a link , between the individual , the offence , and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors the first base of jurisdiction, is the territorial principle , and it means that the local court power, is geographically restricted, within the borders of that state. However, As one offence may take place in more than one single country, the territorial jurisdiction is divided into 2 categories, subjective and objective. the subjective principle, is exercised by the state in which the offence is started , while the objective principle, is exercised by the state in which the offence is completed. For example, a fraud can be committed by someone in ireland, against another in england. or a shooting incident , can take place on the borders of two countries, on the other hand, the state power is not absolute within its territory , as certain persons, like diplomats. are immune, from the local courts jurisdiction, the nationality of the parties, is the second ground for state jurisdiction, as a state can exercise its jurisdiction, beyond its territory ( boundaries ) , regardless where the person is located, subject that the offender or the victim ( the passive personality ) is a national of the claimant country. The 3rd ground is the protective or security principle, and it allows a State , to exercise jurisdiction over foreigners, outside its territory , regardless of their citizenship , when there is a threat to its national security. And lastly, the universality principle , is the fourth ground for state jurisdiction, and it allows any state , to punish certain international offences abroad , like piracy, slavery , torture , crimes against humanity and genocide, whether committed by or against foreign nationals.
Views: 52508 Hesham Elrafei
4 - Fundamental Principles Of Criminal Law
 
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What are the fundamental principles of criminal law? In this video, we aim at explaining exactly what those are: i) a defendant is innocent until proven guilty; ii) the prosecution (the Crown Prosecution Service in most cases) bears the burden of proof (also known as the ‘golden thread running through criminal law’ and contrary to what Foster’s Crown Law 1762 stated); iii) the standard of proof in criminal prosecution is of ‘beyond reasonable doubt’, with, of course, the help of case law such as Woolmington v DPP (1935). Moving on, we also consider the role a jury can and must play when deciding such cases as the one mentioned. Where can you find out more? Follow us on each of our social media platforms: Facebook: https://www.facebook.com/swbil/ Instagram: https://www.instagram.com/swbil/ OR Visit our website: https://www.bsolpk.org/
Rules of war (in a nutshell)
 
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Yes, even wars have laws. To find out more, visit http://therulesofwar.org ******** Rules of War in a Nutshell - script Since the beginning, humans have resorted to violence as a way to settle disagreements. Yet through the ages, people from around the world have tried to limit the brutality of war. It was this humanitarian spirit that led to the First Geneva Convention of 1864,and to the birth of modern International Humanitarian Law. Setting the basic limits on how wars can be fought, these universal laws of war protect those not fighting, as well as those no longer able to. To do this, a distinction must always be made between who or what may be attacked, and who or what must be spared and protected. - CIVILIANS - Most importantly, civilians can never be targeted. To do so is a war crime. “When they drove into our village, they shouted that they were going to kill everyone. I was so scared, I ran to hide in the bush. I heard my mother screaming. I thought I would never see her again.” Every possible care must be taken to avoid harming civilians or destroying things essential for their survival. They have a right to receive the help they need. - DETAINEES - “The conditions prisoners lived in never used to bother me. People like him were the reason my brother was dead. He was the enemy and was nothing to me. But then I realized that behind bars, he was out of action and no longer a threat to me or my family.” The laws of war prohibit torture and other ill-treatment of detainees, whatever their past. They must be given food and water and allowed to communicate with loved ones. This preserves their dignity and keeps them alive. - SICK & WOUNDED - Medical workers save lives, sometimes in the most dangerous conditions. “Several fighters from both sides had been critically wounded in a fierce battle and we were taking them to the closest hospital. At a checkpoint, a soldier threatened us, demanding that we only treat his men. Time was running out and I was afraid they were all going to die.” Medical workers must always be allowed to do their job and the Red Cross or Red Crescent must not be attacked. The sick or wounded have a right to be cared for, regardless of whose side they are on. - LIMITS TO WARFARE - Advances in weapons technology has meant that the rules of war have also had to adapt. Because some weapons and methods of warfare don't distinguish between fighters and civilians, limits on their use have been agreed. In the future, wars may be fought with fully autonomous robots. But will such robots ever have the ability to distinguish between a military target and someone who must never be attacked? No matter how sophisticated weapons become it is essential that they are in line with the rules of war. International Humanitarian Law is all about making choices that preserve a minimum of human dignity in times of war, and makes sure that living together again is possible once the last bullet has been shot.
General Principles of Law and International Due Process
 
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Charles Kotuby counsels both private clients and sovereign states in complex global disputes. His U.S.-based practice is focused on government regulation and federal appeals. He has authored briefs in more than a dozen cases before the U.S. Supreme Court and has argued cases concerning federal statutory and constitutional issues before the U.S. Courts of Appeals for the Third, Sixth, and Ninth Circuits. Mr. Kotuby’s global practice is focused on international litigation, commercial and investment arbitration. He has counseled clients in both common and civil law systems, and frequently deals with novel issues of public and private international law. Mr. Kotuby has appeared as counsel in international matters before the U.S. Supreme Court and the Court of Justice of the European Union, and before ICSID and UNCITRAL tribunals. He regularly advises energy and mining clients on investment protections in Latin America, Africa, Southeast and Central Asia, and on maritime issues under the United Nations Convention on the Law of the Sea (UNCLOS). Luke Sobota was previously a partner in the Global Disputes practice group of a leading international law firm. Highlights of his work at Three Crowns include leading the firm’s work for Chevron in its international dispute with Ecuador, including in the pending $9.5 billion UNCITRAL treaty arbitration. Mr. Sobota has also been spearheading a multi-billion-dollar contractual arbitration before the ICC in New York, and has been actively involved in several ICSID investor-state arbitrations involving claims of breach of contract, expropriation, and denial of justice. He also has been advising two sovereign clients on issues of public international law concerning border disputes. He previously worked in the Office of Legal Counsel at the U.S. Department of Justice, where he advised and prepared formal legal opinions for executive branch officials on a range of constitutional, international, and administrative law issues. He has successfully argued cases in U.S. appellate courts and briefed several cases in the U.S. Supreme Court. He teaches a course on global sovereign disputes at American University and is currently writing a monograph on general principles of international law for Oxford University Press. He earned his law degree from the University of Chicago Law School, after which he clerked for the late Chief Justice of the U.S. Supreme Court, William H. Rehnquist.
Principles of State Jurisdiction and International Criminal Law
 
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Presented by Dr Douglas Guilfoyle
Views: 2412 djaguilfoyle
Basic principles of law
 
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A beginners guide to understanding law. Based on university level law books. Helpful to those about to embark on a law career.
Views: 28582 Bill Turner
Subjects of International Law explained | Lex Animata
 
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Subjects of International Law explained | Lex Animata By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei States and non-State actors like individuals, international organizations, multinational companies and international non-government organizations are regulated by, or subjected to, international law. They are called subjects of international law. These subjects have international legal personality.
Views: 40068 Hesham Elrafei
Basic Principle of International Humanitarian Law
 
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CEC/UGC: Social Science - 4, Law, Legal Studies, Human Rights and related subjects(Manage by EMRC, Punjab University, Patiala)
Basic Principle of International Humanitarian Law
 
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CEC/UGC: Social Science - 4, Law, Legal Studies, Human Rights and related subjects(Manage by EMRC, Punjab University, Patiala)
Basic Principle of International Humanitarian Law
 
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CEC/UGC: Social Science - 4, Law, Legal Studies, Human Rights and related subjects(Manage by EMRC, Punjab University, Patiala)
OLS-HLP 3: The Fundamental Principles of IHL Regulating Hostilities
 
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This session provides a brief introduction to the basic rules of conduct of hostilities, offering participants the opportunity to learn about the relationship between the principles of distinction and proportionality, the rules regarding precautionary measures, and the prohibition of superfluous injury and unnecessary suffering. The definition of a military objective will be covered, as will conditions under which damage to civilian objects or injury or death to civilians may not be unlawful under IHL in certain circumstances.
Views: 2879 PHAPassociation
How Maritime Law Works
 
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Support Wendover Productions on Patreon: https://www.Patreon.com/WendoverProductions Maritime law is confusing, but interesting (I hope.) Last Video: https://www.youtube.com/watch?v=7PsmkAxVHdM Twitter: http://www.Twitter.com/WendoverPro Email: [email protected] Attributions: South China Sea video courtesy youtube.com/militarytiger (Creative Commons License) Cruise Ship icon by Rohan Gupta from the Noun Project Convention on the Reduction of Statelessness Map by Alinor (Creative Commons License) Old Cruise Ship photo courtesy Roger W from Flickr (Creative Commons License) Foreign Coders photo courtesy Cory Doctorow from Flickr (Creative Commons License)
Views: 2753947 Wendover Productions
CLN4Ue Virtual Lesson 5.1 - Principles of International Law
 
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CLN4Ue Virtual Lesson 5.1 - Principles of International Law
Views: 926 Scott Lewis
International humanitarian law: a universal code
 
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Is international humanitarian law up to the job of protecting the people affected by modern-day armed conflicts? This film looks in turns at the poor security conditions frequently confronting the civilian population, the fact that people often have to flee their homes, hostage-taking, the dangers posed by cluster munitions, and the work of preventing and, punishing war crimes. It tells us the basic rules of the law and reminds us that respecting them is everyone's responsibility. http://www.icrc.org
What is INTERNATIONAL HUMANITARIAN LAW? What does INTERNATIONAL HUMANITARIAN LAW mean?
 
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✪✪✪✪✪ We're uploading our new videos at - https://bittubers.com/profile/TheAudiopedia . Check us out and SUBSCRIBE there. ✪✪✪✪✪ ✪✪✪✪✪ The Audiopedia Android application, INSTALL NOW - https://play.google.com/store/apps/details?id=com.wTheAudiopedia_8069473 ✪✪✪✪✪ What is INTERNATIONAL HUMANITARIAN LAW? What does INTERNATIONAL HUMANITARIAN LAW mean? INTERNATIONAL HUMANITARIAN LAW meaning - INTERNATIONAL HUMANITARIAN LAW definition -INTERNATIONAL HUMANITARIAN LAW explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. International humanitarian law (IHL) is the law that regulates the conduct of war (jus in bello). It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning non-combatants. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering. Serious violations of international humanitarian law are called war crimes. International humanitarian law, jus in bello, regulates the conduct of forces when engaged in war or armed conflict. It is distinct from jus ad bellum which regulates the conduct of engaging in war or armed conflict and includes crimes against peace and of war of aggression. Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at the Nuremberg War Trials. By extension, they also define both the permissive rights of these powers as well as prohibitions on their conduct when dealing with irregular forces and non-signatories. International humanitarian law operates on a strict division between rules applicable in international armed conflict and internal armed conflict. This dichotomy is widely criticized. The relationship between international human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. While pluralist scholars conceive international human rights law as being distinct from international humanitarian law, proponents of the constitutionalist approach regard the latter as a subset of the former. In a nutshell, those who favors separate, self-contained regimes emphasize the differences in applicability; international humanitarian law applies only during armed conflict. On the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation (i.e., IHL) or to certain groups of people including refugees (e.g., the 1951 Refugee Convention), children (the 1989 Convention on the Rights of the Child), and prisoners of war (the 1949 Third Geneva Convention).
Views: 19423 The Audiopedia
1 - International Law and Human Rights
 
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International law is the set of rules, agreements and treaties that are binding between countries. When sovereign states enter into agreements that are binding and enforceable, it’s called international law or international legal system. It is horizontal in nature because all States are equal in nature. International laws promote peace, justice, common interests and trade. International laws apply to governments. It’s up to each state government to implement and follow international laws. A country’s laws apply to citizens and other people that are present in the country. However, it’s up to the country’s governing authority to apply international law and keep their agreements with the other countries that are involved. Therefore domestic legal system is said to be vertical in nature because its the state machinery that governs the individuals What comes to your mind when you think of international law? It is simply the set of rules, agreements and treaties that are binding between countries. When sovereign states enter into agreements that are binding and enforceable, it’s called international law or international legal system. It is horizontal in nature because all States are equal in nature. This means that the law applies to all nations equally. So what are the functions of international law? International laws promote peace, justice, common interests and trade. International laws apply to governments. It’s up to each state government to implement and follow international laws. In contrast a country’s laws apply to citizens and other people that are present in the country. However, it’s up to the country’s governing authority to apply international law and keep their agreements with other countries. International law generally comes from five sources given in the article 38 of ICJ Statute: treaties, customs, general principles of law, judicial decisions of ICJ and academic writings. Treaties are express agreements that countries enter into voluntarily. They’re written agreements. They are considered a more modern and deliberate method of law-creation. There are many writers who feel that treaties are most important source of international law as the expressed consent of the state must be taken before it is applied. The entire system of international law is based on consent. The Vienna Convention on the Law of Treaties of 1969 calls for interpretation of treaties based on the plain language of the words in the treaties. The context of the words and the presumption of good faith and good intentions can also play a role in interpreting a treaty. Customs are common practices between countries. They’re common practices that are so expected and consistent that countries operate with the belief that the custom is legally required and binding. Examples of customary law are the prohibitions of a state using or condoning genocide or slavery. Generally, as long as a state doesn’t object to a customary law, it applies to that state. General principles of law are rules of law that develop over time. Principles of law are an understanding of how the law should work based on past rulings. In addition to looking at past rulings, international courts can also look to judicial opinions for help identifying and interpreting international law. The judicial decisions of ICJ are also a source of law though it is subsidiary in nature. The general assembly of UN has the right to ask an advisory opinion from ICJ therefore Court is quite authoritative as far as law-making and the status of the law is concerned. Finally the writings of international academics are also considered subsidiary source of international law as they have a direct impact on customary international law. Until recently international law took no notice of individuals. It used to be a system that only operate between states and governs this interstate relationship. It was generally unconcerned with what states inside its boundaries. The idea of human rights emerged stronger after World War II. Governments then committed themselves to establishing the United Nations, with the primary goal of maintaining international peace and security. People wanted to ensure that never again would anyone be unjustly denied life, freedom, food, shelter, and nationality. Member states of the United Nations pledged to promote respect for the human rights of all. To advance this goal, the UN established a Commission on Human Rights and charged it with the task of drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter. The Commission, guided by Eleanor Roosevelt’s forceful leadership, captured the world’s attention. On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the 56 members of the United Nations. With the goal of establishing mechanisms for enforcing the UDHR, the UN Commission on Human Rights proceeded to draft two treaties:
What is TERRITORIAL PRINCIPLE? What does TERRITORIAL PRINCIPLE mean? TERRITORIAL PRINCIPLE meaning
 
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What is TERRITORIAL PRINCIPLE? What does TERRITORIAL PRINCIPLE mean? TERRITORIAL PRINCIPLE meaning - TERRITORIAL PRINCIPLE definition - TERRITORIAL PRINCIPLE explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ The territorial principle (also territoriality principle) is a principle of public international law under which a sovereign state can prosecute criminal offences that are committed within its borders. The principle also bars states from exercising jurisdiction beyond their borders, unless they have jurisdiction under other principles such as the principle of nationality, the passive personality principle, the protective principle, and possibly universal jurisdiction. The Lotus case was a key court ruling on the territoriality principle. In 1926, a French vessel collided with a Turkish vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice ruled that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence, even though the incident happened beyond Turkey's boundaries. This case extended the territoriality principle to cover cases that happen outside a state's boundaries, but have a substantial effect on the state's interests or involve its citizens. Questions have surfaced regarding how the territoriality principle applies, with the rise of globalization and the Internet. The applicability of this principle also was in question, with the case against Augusto Pinochet and other cases of transnational justice.
Views: 1331 The Audiopedia
Basic Principle of International Humanitarian Law
 
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CEC/UGC: Social Science - 4, Law, Legal Studies, Human Rights and related subjects(Manage by EMRC, Punjab University, Patiala)
Jus Cogens , Peremptory norms explained | Lex Animata | Hesham Elrafei
 
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What is Jus Cogens ( Peremptory norms ) ? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This animation video visualize and simply the concept of Jus Cogens in International law as per the Article 53 of the Vienna Convention on the Law of Treaties 1969, the video examines the following in terms of : definition and meaning of the term, origin in the roman law ( JUS STRICTUM & JUS DISPOSITIVUM ) , example of jus cogens norms ( genocide , crimes against humanity , slavery trade , torture, use of force, piracy , violation of human rights etc ) and the legal effect of an agreement violating a jus cogens norm: void.
Views: 65483 Hesham Elrafei
What is INTERNATIONAL TRADE LAW? What does INTERNATIONAL TRADE LAW mean?
 
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✪✪✪✪✪ WORK FROM HOME! Looking for WORKERS for simple Internet data entry JOBS. $15-20 per hour. SIGN UP here - http://jobs.theaudiopedia.com ✪✪✪✪✪ ✪✪✪✪✪ The Audiopedia Android application, INSTALL NOW - https://play.google.com/store/apps/details?id=com.wTheAudiopedia_8069473 ✪✪✪✪✪ What is INTERNATIONAL TRADE LAW? What does INTERNATIONAL TRADE LAW mean? INTERNATIONAL TRADE LAW meaning - INTERNATIONAL TRADE LAW definition - INTERNATIONAL TRADE LAW explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. International Trade Law includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments have become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is an important part of the WTO activities, this latter branch of law is now a very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, "the law for merchants on land" and "the law for merchants on sea." Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of “international legislation” and new lex mercatoria, regulating relations in international trade. “International legislation” – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria - "the law for merchants on land". Alok Narayan defines "lex mercatoria" as "any law relating to businesses" which was criticised by Professor Julius Stone. and lex maritima - "the law for merchants on sea. Alok in his recent article criticised this definition to be "too narrow" and "merely-creative". Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. In 1995, the World Trade Organization, a formal international organization to regulate trade, was established. It is the most important development in the history of international trade law. The purposes and structure of the organization is governed by the Agreement Establishing The World Trade Organization, also known as the "Marrakesh Agreement". It does not specify the actual rules that govern international trade in specific areas. These are found in separate treaties, annexed to the Marrakesh Agreement. Scope of WTO : (a) provide framework for administration and implementation of agreements; (b) forum for further negotiations; (c) trade policy review mechanism;and (d) promote greater coherence among members economics policies Principles of the WTO: (a) principle of non-discrimination (most-favoured-nation treatment obligation and the national treatment obligation) (b) market access (reduction of tariff and non-tariff barriers to trade) (c) balancing trade liberalisation and other societal interests (d) harmonisation of national regulation (TRIPS agreement, TBT agreement, SPS agreement) The General Agreement on Tariffs and Trade(GATT) has been the backbone of international trade law since 1948 after the charter for international trade had been agreed upon in Havana. It contains rules relating to "unfair" trading practices — dumping and subsidies. Many things impacted GATT like the Uruguay Round and the North American Free Trade Agreement.
Views: 11536 The Audiopedia
EXTRADITION  ; Rule of Specialty ; DOUBLE CRIMINALITY
 
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A brief description of EXTRADITION , RULE of Specialty & Double CRIMINALITY.
Principles of World Trade Organisation (WTO) - Know everything about MFN, GATS & NTP for all exams
 
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Views: 34361 Study IQ education
ILD 2012 | Panel Discussion: General Principles of International Law
 
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International Law Conference, U.S. Naval War College June 25-27, 2012 Panel discussion on the "General Principles of International Law" Moderator: Capt. Kevin Kelly, U.S. Naval War College Panelists: - Professor Wolff Heìntschel von Heìnegg, Europa-Universität Viadrina, Frankfurt - Sir Daniel Bethlehem QC, Legal Policy International Ltd. - Professor Robert Chesney, University of Texas (Video courtesy of the International Law Department) ***** The views expressed are the speakers' own and may not necessarily reflect the views of the Naval War College, the Department of the Navy, the Department of Defense, or any other branch or agency of the U.S. Government.
Views: 1300 usnavalwarcollege
Private International Law
 
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Views: 1038 Indah Pusfita
Master Public International Law
 
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The Public International Law track of the LLM programme in International and European Law provides students with a solid understanding of the general principles and structures of international law. At the same time it allows students to specialize in particular areas of international law, like human rights law, economic law and criminal law.
What is LOTUS CASE? What does LOTUS CASE mean? LOTUS CASE meaning, definition & explanation
 
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What is LOTUS CASE? What does LOTUS CASE mean? LOTUS CASE meaning - LOTUS CASE definition - LOTUS CASE explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ The Lotus case concerns a criminal trial which was the result of the 2 August 1926 collision between the S.S. Lotus, a French steamship (or steamer), and the S.S. Boz-Kourt, a Turkish steamer, in a region just north of Mytilene (Greece). As a result of the accident, eight Turkish nationals aboard the Boz-Kourt drowned when the vessel was torn apart by the Lotus. On 7 September 1927 the case was presented before the Permanent Court of International Justice, the judicial branch of the League of Nations, the predecessor of the United Nations. The issue at stake was Turkey's jurisdiction to try Monsieur Demons, the French lieutenant on watch duty at the time of the collision. Since the collision occurred on the high seas, France claimed that the state whose flag the vessel flew had exclusive jurisdiction over the matter. France proffered case law, through which it attempted to show at least state practice in support of its position. However, those cases involved ships that both flew the flag of the same state. The Court, therefore, rejected France's position stating that there was no rule to that effect in international law. The Lotus principle or Lotus approach, usually considered a foundation of international law, says that sovereign states may act in any way they wish so long as they do not contravene an explicit prohibition. The application of this principle – an outgrowth of the Lotus case – to future incidents raising the issue of jurisdiction over people on the high seas was changed by article 11 of the 1958 High Seas Convention. The convention, held in Geneva, laid emphasis on the fact that only the flag state or the state of which the alleged offender was a national had jurisdiction over sailors regarding incidents occurring in high seas. The principle has also been used in arguments against the reasons of the United States of America for opposing the existence of the International Criminal Court (ICC).
Views: 7267 The Audiopedia
law optional upsc lecture 9-  General principles of criminal law
 
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useful for upsc ias ips uppsc bpsc opsc optional subjects for state pcs exams
State Jurisdiction in International Law
 
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What is State Jurisdiction ? State jurisdiction is the capacity of a State under International Law to prescribe and enforce the rules of law. Types of State Jurisdiction Basis of State Jurisdiction Principles of Jurisdiction Immunity from Jurisdiction
Views: 7855 CSS Forum
Can International Law Change the World?
 
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Speakers: Judge Sir Christopher Greenwood Chair: Howard Davies This event was recorded on 18 February 2009 in Old Theatre, Old Building While each system of national law seeks to regulate affairs within only one society, international law concerns the entire world. Yet it has almost none of the methods of enforcement available to national legal systems. So, can it change the world? Christopher Greenwood was elected a judge at the International Court of Justice (ICJ) in November 2008. He is an authority in international law who taught at LSE for 12 years, and was a practising barrister and has been a QC since 1999. He has appeared as an advocate in several cases at the ICJ.
The Responsibility of International Organizations and the International Law Commission
 
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The Responsibility of International Organizations and the International Law Commission: A Conversation between Professors Georg Nolte, member of the International Law Commission, and José E. Alvarez, NYU The responsibility of international organizations has been an important concern of the international community for some years. In 2011, the International Law Commission adopted the "Draft Articles on Responsibility of International Organizations." These articles will be debated in the UN General Assembly's Sixth Committee. In addition, cases before the European Court of Justice and the European Court of Human Rights (in particular Kadi/Behrami/Al-Skeini/Al-Jedda) have raised significant questions about the human rights obligations of the United Nations as well as member states cooperating with UN actions. Such questions have arisen in the course of implementing UN sanctions or undertaking UN peacekeeping operations. Have the ILC and international judges asked the right questions and reached the right answers with respect to allocating responsibility on the UN? What is the International Law Commission's role in resolving such issues? Prof. Georg Nolte, member of the International Law Commission, and Prof. J.E. Alvarez, the Herbert and Rose Rubin Professor of Law at NYU School of Law, addressed these issues in the form of a conversation at New York University School of Law.
Views: 9543 NYU School of Law
International Humanitarian Law
 
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International humanitarian law (IHL) is the law that regulates the conduct of war. It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law". The relationship between international human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. While pluralist scholars conceive international human rights law as being distinct from international humanitarian law, proponents of the constitutionalist approach regard the latter as a subset of the former. In a nutshell, those who favor separate, self-contained regimes emphasize the differences in applicability; international humanitarian law applies only during armed conflict. On the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation (i.e., IHL) or to certain groups of people including refugees (e.g., the 1951 Refugee Convention), children (the 1989 Convention on the Rights of the Child), and prisoners of war (the 1949 Third Geneva Convention). Democracies are likely to protect the rights of all individuals within their territorial jurisdiction. choice. The main treaty sources of IHL applicable in international armed conflict are the four Geneva Conventions of 1949 and their Additional Protocol I of 1977. The main treaty sources applicable in non-international armed conflict are Article 3 common to the four Geneva Conventions and their Additional Protocol II of 1977. There is a further Protocol III to the 1949 Conventions adopted in 2005, which is concerned with the narrow issue of the (ab)use of the symbol of the Red Cross/Red Crescent, which is of critical importance in the context of IHL and providing humanitarian assistance to civilians, the injured and sick. There are also many older treaties dealing with matters which are a part of the corpus of IHL, primarily the Hague Conventions of 1899 and 1907, which are still relevant in certain contexts. It is also important to stress that there were also two earlier Geneva Conventions from 1929. Although these have been superseded, these conventions applied during the Second World War. Many of the treaty provisions of IHL bind states as the provisions are considered to represent customary international law. There is also a clear relationship between IHL and aspects of international criminal law (ICL); violations of IHL are often violations of ICL and entail individual criminal responsibility which is recognised by international law. Thus, IHL, also known as the laws of war, is a body of rules and principles which has a complex but important relationship with IHRL and ICL. IHL primarily stems from the Geneva and Hague Conventions that relate to the treatment of combatants and non-combatants in times of conflict. The fundamental basis for the existence of IHL is, rather paradoxically, human dignity. IHL is a recognition that armed conflicts exist and have always done so. But it is the attempt to ‘humanise’ conflict so that suffering is not unnecessary and that there is a recognition that there are limits to what can be done to others in a situation of conflict. Thus IHL is, like IHRL, based upon an attempt to legally protect the inherent dignity of humankind.
Basic Principle of International Humanitarian Law
 
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CEC/UGC: Social Science - 4, Law, Legal Studies, Human Rights and related subjects(Manage by EMRC, Punjab University, Patiala)