Law making agreement – instrument

containing

general and abstractive new norm set

jointly by

at least two entities

International agreements are the effect

of negotiations not an unilateral act
of some authority

Law-making agreements are primarily

the main source of international
public and private law.

Law-making agreements are also to

some extent a source of labour law

Set of norm regulating relationships between

states, various international institutions, and

even nations without an established state

structure,

which

are

fighting

for

independence.



Status of a nation in international community



Rules of conduct in relations between states



Specific relationships between states



Methods of setting international disputes



Source of and the mode for establishing

international law



Territorial issues



Borders



Open seas



Outer space



Bilateral



Conventional



Constitutive

instrument of equal subjects of

international law,

common and consistent declaration of

parties shaping their legal situation



Bilateral



Plurilatelar



Multilateral

Agreements between:



States



Governements



Governement departements



Traty



Concord



Convention



Pact



Declaration



Concordat



Simple procedure



Complex procedure

Agreements are being drawn in languages

of each party. Parties may decide to give

one version a priority over the others for

interpretative grounds, or may create an

extra version in some other language

and give this priority to this version

Agreements should be interpreted in good

faith and in accordance with the

oridinary meaning of the terms used in

an agreement. Object and purpose of

the agreement may give clues as for the

interpretation of an agreement

In international practice it is assumed,

that the relationship between the

international law and a domestic law is

governed by the latter.

States express their opinion on this

matter when formulating the system of

governement – eg. Polish constitution

in article 9 says „The Republic of

Poland shall respect international law

that is binding upon it”

(international law – not only

international agreements)

If ratyfied international agreements are

considered to be a part of internal

legal order. They can be treated by

that if they are:



Precise



Direct



Unconditional

Such international agreements are able

to be directly applicable in the

internal legal system



Monist theory



Dualist theory

Supreme objective of the UN is to

maintain sustainable peace in the
world and develop friendly relations
among nations, support international
economic, social, cultural and
humanitarian cooperation, and
promote respect for human rights

Principles contained in the Charter of

the United Nations (1945) are
considered to be the key principles of
international law.

Charter created the United Nations. All

other international agreements
should be registered with the UN.

Charter has primacy over duties

arising from other agreements

State authorities are not subordinated

to any other external authority.

State is a highest, full and exclusive

authority on its territory

Every state has:



Fundamental rights



Acquired rights

Fundamental rights of a state:
(Identical for all states)



Right to sovereignity



Right to maintain international
relations



Right to reverence

Aquired rights of a state
(rights aquired by the state through

conclusion of international agreements)

States are equal in legal terms in

international relationships, irrespective of
the size of their territory, population and
political system, economic potential and
military force.

All nations enjoy the same legal protection
No nation can judge another nation

(jurisdictional immunity of states). The only
exception is the Security Council of the UN

Since states are equal no state or a

group of states may interfere in the
affairs of another state.

States own comptetnce includes

internal and external affairs.

Sometimes states agree to confer their

competence to some international
organization (eg. EU)



Terrorism



Human rights



Agressive states



Every valid agreement binds the
parties and shall be exercised in a
good faith



Fundamental structural right of
international legal system

Disputes between states should be solved:



Directly – by negotiations



With the participation of a third country
by means of „good deed” or mediation



With participation of international
investigative commision (investigation or
conciliation)



Submission to international arbitration



Submission to the jurisdiction of
International Court of Justice



Prohibition of aggresive war



States have right of self defence if
they are subject to a military attack

Recognition of an attack of a state on

another state (member of the UN) as
as an attack on all members of the
UN.

Other members are obliged to provide

support to a victim of attack



Inviolability of borders



Respect of human rights and
fundamental freedoms



Right to a self-determination by a
state



Right of state to international
cooperation

Law unified at the international level

regulate the rights and duties of natural
and legal entities, and thus do nat apply
to the subjects of international public
law

States undertake leggal actions to adjust

the domestic law to these norm or
otherwise ensure compliance with those
norms



Over 80 international organizations
protecting human rights worldwide:

•

International Labour Organization

•

United Nations Educational, Scientific and
Cultural Organization (UNESCO)

•

Regional organizations (Council of Europe,
Organization of African Unity)



Political



Social



Civil



Economic



Cultural

Universal Declaration of Human Rights

(1948)



Concerns the rights and duties of
states in economic relations as well
as agreements establishing economic
organizations with international legal
status



Private law (eg. property,
commercial, family) with
international aspect



Main consideration is to eliminate
collisions and indicate the law that
should be used in this situation