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