HOME

TheInfoList




Supranational law is a form of
international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between nation A nation is a community A community is a social unitThe term "level of anal ...
, based on the limitation of the rights of sovereign nations between one another. It is distinguished from
public international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between s. It establishes normative guidelines and a common conceptual framework for states ac ...
, because in supranational law, nations explicitly submit their right to make judicial decisions by treaty to a set of common tribunal. The
United Nations Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN), charged with ensuring international security, international peace and security, recommending the admission ...

United Nations Security Council
and subordinate organizations, such as the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations The United Nations (UN) is an intergovernmenta ...

International Court of Justice
, are the only globally accepted supranational tribunals.


American supranational law

The
Articles of Confederation The Articles of Confederation and Perpetual Union was an agreement among the 13 original states of the United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, ...
, formally the
Articles of Confederation and Perpetual Union The Articles of Confederation and Perpetual Union was an agreement among the 13 original states of the United States of America The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a coun ...
, was the first supranational agreement where 13
sovereign Sovereign is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French Old French (, , ; Modern French French ( or ) is a Romance language of the Indo-European family. It descende ...

sovereign
states were unified in a common government, which later became the
United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States of America
. The central government proved too weak to manage the growing economy as the sovereign states incurred national debts and independently managed their national currencies without central coordination. The supranational government was terminated and the sovereign states were united into a unified sovereign
nation-state A nation state is a political unit where the state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newsp ...
by the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. This founding document, originally comprising seven articles, delineates the national frame of government. Its first ...

United States Constitution
in 1785.


European Union supranational law

European Union law European Union law is a system of rules operating within the member states of the European Union. Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and ...
was the next example of a supranational legal framework. In the EU, sovereign nations have pooled their authority through a system of
courts A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''St ...

courts
and
political institutions In political science Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of politics, political activities, political thoughts, political behavior, and asso ...

political institutions
. They have the ability to enforce legal norms against and for member states and citizens, in a way that public international law does not. According to the
European Court of Justice European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western ...

European Court of Justice
(ECJ) in the early case, 26/62, of ''NW Algemene Transporten Expeditie Onderneming van Gend en Loos v Nederlandse Administratie der Belastingen''
963 Year 963 ( CMLXIII) was a common year starting on Thursday A common year starting on Thursday is any non-leap year A leap year (also known as an intercalary year or wikt:bissextile, bissextile year) is a calendar year that contains an addi ...
ECR 1, (often known as just ''
Van Gend en Loos 300px, An early 20th century Van Gend & Loos delivery truck Van Gend & Loos was a Dutch distribution company. It was established in 1809, and was purchased by DHL in 2003. History Van Gend & Loos was established by the Antwerp Antwerp ...
'') it constitutes "a new legal order of international law":
"The Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only member states but also their nationals. Independently of the legislation of member states, community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage. These rights arise not only where they are expressly granted by the treaty, but also by reason of obligations which the treaty imposes in a clearly defined way upon individuals as well as upon the member states and upon the institutions of the community."
Human rights Human rights are moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. ...
in the EU, as enforced by the ECJ, are based on the "general principles of EU law" – ascertained by the ECJ on the basis of various sources including national constitutions and traditions – as well as the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
(ECHR), and the
Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union (CFR) enshrines certain civil and political rights, political, economic, social and cultural rights, social, and economic rights for European Union (EU) Citizenship of the European Union, ...
. The status of the Charter was reinforced by the
Treaty of Lisbon The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties A treaty is a formal, legally binding written agreement between actors in international law International law, als ...
, which entered into force on 1 December 2009, though the United Kingdom, Poland, and the Czech Republic negotiated a protocol to the treaty which "purports to limit the impact of the Charter in those states".


Footnotes


External links


South-American Community of Nations
{{Law International law