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International and Foreign
Law Tutorial |
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INTRODUCTION The study of International Law deals with the legal relations and conduct between individual states and international organizations, as well as, their relations with people. Therefore, "International Law" is different from "Foreign Law". The study of "Foreign Law" deals with the study of the laws of an individual state. International Law is often divided into 2 types: public international law and private international law. Public international law is focused on the legal relations between states. Private international law, also called conflict of laws, is focused on the legal relations among people when the law of more than one state may be involved. International Law is said to be comprised of 4 parts: 1) treaties, 2) decisions of international courts, 3) the past practices of nations, and 4) the writings of international scholars. Only recognized governmental organizations can create international law. The domestic laws of a state are enforced power the body given the power to enforce laws within the jurisdiction. In international law no jurisdictional power to enforce the laws exists.International Law relies on the agreement of states to enforce and to be bound by the decisions of an international body (e.g. United Nations) or an international dispute resolution forum (e.g. International Court of Justice). States generally use treaties to create international law. Treaties are the way most states impose on themselves the duty to be bound by international law. |
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