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Sources Of International Law
International law, also known as "law of nations", refers to the body of rules which regulate the conduct of sovereign states in their relations with one another. Sources of international law include treaties, international customs, general widely recognized principles of law, the decisions of national and lower courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the international community are developed. They have been influenced by a range of political and legal theories. Modern views Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutu ...
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Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage. Most large legislatures enact only a small fraction of the bills proposed in a given session. Whether a given bill will be proposed is generally a matt ...
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UN General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Currently in its 77th session, its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter. The UNGA is responsible for the UN budget, appointing the non-permanent members to the Security Council, appointing the UN secretary-general, receiving reports from other parts of the UN system, and making recommendations through resolutions. It also establishes numerous subsidiary organs to advance or assist in its broad mandate. The UNGA is the only UN organ wherein all member states have equal representation. The General Assembly meets under its president or the UN secretary-general in annual sessions at the General Assembly Building, within the UN headquarters in New York City. The main part of t ...
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Diplomatic Immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities
U.S. Department of State, Office of Foreign Missions.
It allows diplomats safe passage and freedom of travel in a host country and accords almost total protection from local lawsuits and prosecution. Diplomatic immunity is one of the oldest and most widespread practices in ;
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Comity
In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the " mutual recognition of legislative, executive, and judicial acts." Etymology Comity derives from the Latin ''comitas'', courtesy, from ''cemis'', friendly, courteous. International law The doctrine of international comity has been described variously "as a choice-of-law principle, a synonym for private international law, a rule of public international law, a moral obligation, expediency, courtesy, reciprocity, utility, or diplomacy. Authorities disagree as to whether comity is a rule of natural law, custom, treaty, or domestic law. Indeed, there is not even agreement that comity is a rule of law at all." Because the doctrine touches on many different principles, it is regarded as "one of the more confusing doctrines evoked in cases touching upon the interests of foreign states." The doctrine of international comity was created by a grou ...
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Opinio Juris Sive Necessitatis
''Opinio'' was a Dutch weekly magazine which was briefly published between 2007 and 2008. The magazine was headquartered in Amsterdam, the Netherlands. History ''Opinio'' was first appeared on 18 January 2007. The magazine ceased operations and declared bankruptcy on 3 June 2008. The number of subscribers at that point was 5000, which was not economically sustainable. The magazine was an initiative of former '' Trouw'' editor Jaffe Vink. It appeared in tabloid format (16 pages), and was printed on pink paper. It did not contain any advertisements, nor pictures or editorial cartoons. The magazine described itself as left wing-conservative. The headquarters of the magazine which was published weekly on Fridays was in Amsterdam. ''Opinio'' was largely funded by IT-entrepreneur Roel Pieper. Among its many contributors were Ayaan Hirsi Ali, Paul Cliteur, Afshin Ellian, Derk Jan Eppink and Bart Jan Spruyt and Douglas Murray. Incidents In 2008, Dutch prime minister Jan Peter Balk ...
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Preamble To The United Nations Charter
The Preamble to the United Nations Charter is the opening (preamble) of the 1945 United Nations Charter. History Jan Smuts from South Africa originally wrote the opening lines of the Preamble as, "The High Contracting Parties, determined to prevent a recurrence of the fratricidal strife which twice in our generation has brought untold sorrow and loss upon mankind. . ." which would have been similar to the opening lines of the Covenant of the League of Nations. After considerable argument at the United Nations Conference on International Organization, held in San Francisco, Virginia Gildersleeve from the US was successful in changing and shortening the Preamble, however, with much of Smuts' original text reattached at the end. The opening phrase "We the peoples of the United Nations ..", echoing the preamble of the United States Constitution, was suggested by US congressman and Conference delegate Sol Bloom. The preambulatory phrase "In Larger Freedom" became the title of a UN ...
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United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties. During the Second World War, the Allies— formally know ...
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Chapter XVI Of The United Nations Charter
Chapter XVI of the United Nations Charter contains miscellaneous provisions prohibiting secret treaties, establishing the UN Charter as supreme over any other treaties, and providing for privileges and immunities of UN officials and representatives. Article 102 Article 102 bans secret treaties. Under this article, all international treaties must be registered with, and published by, the UN Secretariat. The article also states that secret treaties concluded in violation of this provision are unenforceable before UN bodies. Secret treaties were believed to have played a role in the events leading to World War I. Accordingly, U.S. President Woodrow Wilson had proposed banning them in the 1910s, and the League of Nations had created a special bureau of treaty registration under the League of Nations Secretary-General and had set aside a section of the League of Nations Journal for treaty publication. Article 18 of the Covenant of the League of Nations held that "Every treaty or intern ...
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Instant Custom
Bin Cheng (; 1921 – 16 October 2019) was a Chinese-born British legal scholar. An authority on international air and space law, he served as professor and dean of the University College London Faculty of Laws and honorary president of the London Institute of Space Policy and Law. He was a fellow of the Royal Aeronautical Society and an honorary fellow at UCL. He was named an ''officier'' of the Ordre des Palmes Academiques by the French government and awarded the Santos-Dumont Merit Medal by the Brazilian government. Life and career Bin Cheng was born in 1921 in the Republic of China, with his ancestral home in Zhongshan, Guangdong. He was the son of Cheng Tien-hsi (F. T. Cheng), a jurist and diplomat who served as a judge of the Permanent Court of International Justice and as the last ambassador of the Republic of China to the United Kingdom from 1946 to 1950. Cheng earned a ''Licence-en-droit'' degree from the University of Geneva in Switzerland in 1944. He obtained a P ...
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Opinio Juris Sive Necessitatis
''Opinio'' was a Dutch weekly magazine which was briefly published between 2007 and 2008. The magazine was headquartered in Amsterdam, the Netherlands. History ''Opinio'' was first appeared on 18 January 2007. The magazine ceased operations and declared bankruptcy on 3 June 2008. The number of subscribers at that point was 5000, which was not economically sustainable. The magazine was an initiative of former '' Trouw'' editor Jaffe Vink. It appeared in tabloid format (16 pages), and was printed on pink paper. It did not contain any advertisements, nor pictures or editorial cartoons. The magazine described itself as left wing-conservative. The headquarters of the magazine which was published weekly on Fridays was in Amsterdam. ''Opinio'' was largely funded by IT-entrepreneur Roel Pieper. Among its many contributors were Ayaan Hirsi Ali, Paul Cliteur, Afshin Ellian, Derk Jan Eppink and Bart Jan Spruyt and Douglas Murray. Incidents In 2008, Dutch prime minister Jan Peter Balk ...
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Vienna Convention On The Law Of Treaties
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated. An international treaty is a written agreement between international law subjects reflecting their consent to the creation, alteration, or termination of their rights and obligations. The VCLT is considered a codification of customary international law and state practice concerning treaties. The convention was adopted and opened to signature on 23 May 1969,untreaty.un.org''Law of treaties'', International Law Commission, last update: 30 June 2005. Consulted on 7 December 2008.Vienna Convent ...
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