What are the sources of International public law? Le droit international expliqué | Quelles sont les sources du droit international? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei Overview of the sources of international public law as stated in Article 38 of the international court of justice ICJ statute : treaty, customary law, courts decisions, jurisprudence and law principles. Sources of International Law , explained , simplified and visualized. Les sources du droit international public مصادر القانون الدولي وفقال لمادة 38 من النظام الأساسي لمحكمة العدل الدولية 1 What are the sources of international law? 2 The term ‘source of law’ refer to legal rules governing the international community. 3 Unlike national laws , where sources of law are specified in a norm superior to laws and regulations, usually a constitution, no such norm exists in international law. 4 The International Court of Justice, stipulated a catalogue of sources of international law, which is used when deciding legal disputes submitted before the world court. 5 the first source is international treaties, whether a general or particular treaty, a bilateral ,regional or multinational one, 6 a treaty is a binding international agreement. by which the countries are obliged to observe their contractual obligations. 7 the 2nd source is customary law. At the outset, international law was mainly constituted by customs. 8 which is by its nature, universal, whereas treaty law binds the parties to these treaties only 9 International custom consists of 2 elements: First is State practice, which means What generally States Do and Say. 10 Oppinio Juris is the 2nd element of customary law. It means that the state practice, has to be accepted as law, by the other states. 11 In addition to treaties and customs, other sources exist, such as Judicial decisions , juristic writings and general principles of law. 12 while they are not formal sources , they can still play an important role as an evidence of the law.
Views: 143422 Hesham Elrafei
States jurisdiction in international law : concept, types and examples. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs, and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , however, there must be a link , between the individual , the offence and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors. State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs. and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , in relation to civil and criminal matters. however, there must be a link , between the individual , the offence , and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors the first base of jurisdiction, is the territorial principle , and it means that the local court power, is geographically restricted, within the borders of that state. However, As one offence may take place in more than one single country, the territorial jurisdiction is divided into 2 categories, subjective and objective. the subjective principle, is exercised by the state in which the offence is started , while the objective principle, is exercised by the state in which the offence is completed. For example, a fraud can be committed by someone in ireland, against another in england. or a shooting incident , can take place on the borders of two countries, on the other hand, the state power is not absolute within its territory , as certain persons, like diplomats. are immune, from the local courts jurisdiction, the nationality of the parties, is the second ground for state jurisdiction, as a state can exercise its jurisdiction, beyond its territory ( boundaries ) , regardless where the person is located, subject that the offender or the victim ( the passive personality ) is a national of the claimant country. The 3rd ground is the protective or security principle, and it allows a State , to exercise jurisdiction over foreigners, outside its territory , regardless of their citizenship , when there is a threat to its national security. And lastly, the universality principle , is the fourth ground for state jurisdiction, and it allows any state , to punish certain international offences abroad , like piracy, slavery , torture , crimes against humanity and genocide, whether committed by or against foreign nationals.
Views: 44859 Hesham Elrafei
Justice Jawad Hassan is the sitting judge of Lahore High Court having expertise on Public and Private International Law.
Views: 478 Qanoondan
Presented by Dr Douglas Guilfoyle
Views: 731 djaguilfoyle
-- Created using PowToon -- Free sign up at http://www.powtoon.com/youtube/ -- Create animated videos and animated presentations for free. PowToon is a free tool that allows you to develop cool animated clips and animated presentations for your website, office meeting, sales pitch, nonprofit fundraiser, product launch, video resume, or anything else you could use an animated explainer video. PowToon's animation templates help you create animated presentations and animated explainer videos from scratch. Anyone can produce awesome animations quickly with PowToon, without the cost or hassle other professional animation services require.
Views: 2395 Sam Buhay
CLN4Ue Virtual Lesson 5.1 - Principles of International Law
Views: 862 Scott Lewis
The depth and breadth of international law. Kal Raustiala: I think international law is one of these things that's a little bit like the air where it's everywhere. We don't really notice it so when you get on a plane and you fly to Europe the ability to get on that plane, cross over the air space of other countries, sometimes you see the little map when you're in the plane that shows you're crossing over Greenland or whatever, all of that is governed by international law in different ways. Different treaties are in place to take care of all the questions that might arise about aviation. So that's a really mundane example and then at the other extreme we've got much more contentious examples like-- Let's take the war in Iraq. So as most of us remember in the run up to the war the Bush administration went to the security council at the United Nations and tried to get a second resolution, and they're doing that because there is a legal framework in place that governs the ability of countries to enter in to armed conflict. So between those two bookends a zillion other examples but I think the thing to recognize about international law is in a globalized world, in an integrated world, you are constantly dealing with things that are crossing borders or you're crossing borders and international law is usually playing some role in shaping that. Question: What dictates international law?the most common thing are treaties and most of us are familiar with-- I mentioned aviation. There are treaties governing that. The UN itself was created by a treaty. So treaties are kind of the backbone a little bit like we think of statutes in the domestic context, but we do have something like common law. We call it customary law so a good example would be the law of the sea. There's all kinds of rules about ships and their ability to go on the high seas and who can board and where they can cross. Most of that is governed by custom and the idea is this custom kind of a cruise over time like the common law becomes entrenched and accepted as law, and then there is also courts. Right. So we have-- The International Court of Justice sits in The Hague and we've got a series of other courts. Right. The World Trade Organization has a court and so forth. So there is a set of judicial institutions much like in our domestic system so in a lot of ways it's a very similar system. There isn't I suppose a constitutional equivalent. There isn't a kind of grand governing thing but there are literally tens of thousands of treaties so a surprising amount of topics are covered.Question: Who are the governing bodies?There are a whole set of international organizations so from the United Nations being the most broad, the most elaborated, probably the most famous. The World Trade Organization is a little more specialized and then you've got dozens and dozens and dozens, thousands probably, of these subsidiary international organizations, international maritime organization dealing with law of the sea questions and so on down the line. And these have been created over the years. Some of them date back to the nineteenth century but for the most part that's a kind of twentieth-century phenomenon so one of the things we see in the last century or so has been one, the rise of these international organizations, the UN being the paramount example, and two, the use of treaties. Treaties existed in the past but when we talked about custom and common law that was much more common. Now we tend to codify that in to treaty. So those two things are sort of two major trends of the last century.Question: How will globalization affect international law?in the sense that you can have a treaty for example in which every country is a member of that treaty and so would be governed by that, and in fact we have lots of treaties that are pretty close to what you've got in virtually every single country. The Convention on the Rights of the Child I think is a good example where only the United States and Somalia when I last checked were not parties to that treaty. The United Nations Charter comes pretty close. Right. So virtually every country-- Switzerland for a long time was a holdout. Virtually every country is part of the UN system and so governed by the rules of the UN Charter so there is no barrier to that and we do see it.
Views: 100025 Big Think
Do you travel a lot? Get yourself a mobile application to find THE CHEAPEST airline tickets deals available on the market: ANDROID - http://android.theaudiopedia.com - IPHONE - http://iphone.theaudiopedia.com or get BEST HOTEL DEALS worldwide: ANDROID - htttp://androidhotels.theaudiopedia.com - IPHONE - htttp://iphonehotels.theaudiopedia.com What is INTERNATIONAL HUMANITARIAN LAW? What does INTERNATIONAL HUMANITARIAN LAW mean? INTERNATIONAL HUMANITARIAN LAW meaning - INTERNATIONAL HUMANITARIAN LAW definition -INTERNATIONAL HUMANITARIAN LAW explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. International humanitarian law (IHL) is the law that regulates the conduct of war (jus in bello). It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning non-combatants. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering. Serious violations of international humanitarian law are called war crimes. International humanitarian law, jus in bello, regulates the conduct of forces when engaged in war or armed conflict. It is distinct from jus ad bellum which regulates the conduct of engaging in war or armed conflict and includes crimes against peace and of war of aggression. Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at the Nuremberg War Trials. By extension, they also define both the permissive rights of these powers as well as prohibitions on their conduct when dealing with irregular forces and non-signatories. International humanitarian law operates on a strict division between rules applicable in international armed conflict and internal armed conflict. This dichotomy is widely criticized. The relationship between international human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. While pluralist scholars conceive international human rights law as being distinct from international humanitarian law, proponents of the constitutionalist approach regard the latter as a subset of the former. In a nutshell, those who favors separate, self-contained regimes emphasize the differences in applicability; international humanitarian law applies only during armed conflict. On the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation (i.e., IHL) or to certain groups of people including refugees (e.g., the 1951 Refugee Convention), children (the 1989 Convention on the Rights of the Child), and prisoners of war (the 1949 Third Geneva Convention).
Views: 14387 The Audiopedia
Book launch: "Principles of International Economic Law" at the Max Weber lecture room of the Käte Hamburger Centre for Advanced Study "Law as Culture" on the 14.05.2013 at 4:00 pm Book launch: "Principles of International Economic Law" Presentation of the book "Principles of International Economic Law" by Professor Dr. Matthias Herdegen (Oxford University Press). In his book "Principles of International Economic Law" published at Oxford University Press last January, Matthias Herdegen offers a comprehensive overview of the central topics in international economic law, with an emphasis on the link between legal developments and their political, economic and social background. Professor Herdegen analyzes central topics of international economic law ranging from WTO law to investment protection, commercial law and monetary law in context with human rights, environmental protection, good governance, and the needs of developing countries. Furthermore, Matthias Herdegen investigates the interplay between the different economic and political interests on both the international and domestic levels. He puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. Yet how is this meshwork of normative orders affected by the fact that we live in a global world that is pervaded by legal cultures of various provenance with different basic assumptions and differences even regarding the concept of law itself? Professor Dr. Dr. Rudolf Dolzer (Bonn, Institute of Public International Law) will present the book. The presentation of the book will be followed by a discussion on the topic "International Economic Law and Diversity of Legal Cultures". Invited to provide commentary and participate in the discussion are Professor Dr. Erika de Wet (Co-Director of the Institute for International Law and Comparative Law in Africa at the University of Pretoria, South Africa, Professor for International Constitutional Law at the University of Amsterdam, Netherlands and lecturer at the Faculty of Law of the University of Bonn) as well as Pravin H. Parekh (New Delhi, Senior Advocate at the Supreme Court of India). Further, Merel Alstein, Associate Editor at Oxford University Press, will offer some words of welcome to those in attendance. Matthias Herdegen is Director of the Institute of Public Law (Institut für Öffentliches Recht) and Director at the Institute of Public International Law (Institut für Völkerrecht) of the University of Bonn. His main research interests lie, inter alia, in the fields of constitutional law, European law, international business law, international law and biotechnology law. Since October 2012, Matthias Herdegen is Fellow at the Käte Hamburger Centre for Advanced Study "Law as Culture". ___________________________________________________ Das Käte Hamburger Kolleg „Recht als Kultur" lädt ein im Rahmen des „Forum Recht als Kultur" zum Book Launch: International Economic Law and Diversity of Legal Cultures zum neu erschienenen Werk von Prof. Dr. Matthias Herdegen: Principles of International Economic Law (Oxford University Press) 14. Mai 2013, 16.00 Uhr im Max Weber-Vortragsraum des Käte Hamburger Kollegs „Recht als Kultur 16.00 Begrüßung und Einführung durch den Direktor des Kollegs Prof. Dr. Werner Gephart 16.20 Grußwort Merel Alstein (Oxford University Press) Vorstellung des Werkes 16.30 Prof. Dr. Rudolf Dolzer: Legal Patterns of Globalization: Finance, Trade and Investment Kommentare zum Werk 17.15 Prof. Dr. Erika de Wet: Challenges to Dispute Settlement in the Southern African Development Community/SADC 18.00 Pravin H. Parekh: The need for a consistent administration of justice in domestic and international law 18.45 Die Perspektive des Autors: Diskussion mit Prof. Dr. Matthias Herdegen ______________________________________________________ www.law-as-culture.com - www.recht-als-kultur.de
Views: 3856 Law as Culture
Recognition & Enforcement of Foreign Judgments , explained - International Law Animation lectures. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This video visualize and simplify the concept of Foreign Court decisions enforcement civil and commercial matters abroad. In terms of principles of comity, reciprocity and res judicata (that is, that the legal issues in question , have been finally decided already by a court , between the same parties, and cannot be ruled on again. ) As a result , the number of treaties between states, has grown quickly , in order to regulate this conflict of law. In the absence of a treaty , a country is not obliged to recognize or to enforce a foreign judgment , as the substance of the foreign court decision is not reviewed . however , some legal systems recognize foreign judgments , more or less to the same degree , as domestic judgments . For instance, countries with more restrictive domestic rules, like France , tend to enter into more bilateral treaties, comparing to the United States, who has zero. In all cases, whether in the presence of a treaty or without , a state can deny the enforcement of a judgment , after examining the following causes: 1ST , whether the rendering court, that issued the judgment has jurisdiction over the case . 2ND , that the judgment is valid , final , and on the merits , under the law of the rendering court 3RD That the defendant had the right to fair trial , was properly served with notice of the proceedings , and had an opportunity to be heard in court , and the right to appeal. 4TH, that the foreign judgment, is not contrary to the public policy of the enforcing country, its national laws , nor with international law Given that no general duty exists, to recognize foreign judgments at all, such exceptions are generally compatible with international law, unless treaty law provides otherwise.
Views: 11125 Hesham Elrafei
Professor Malgosia Fitzmaurice introduces the International Environmental Law course. International Environmental Law Modules: • Module A: General aspects of international environmental law 1 • Module B: General aspects of international environmental law 2 • Module C: Particular subjects of international environmental law I • Module D: Particular subjects of international environmental law II Find out more about this course here: http://www.londoninternational.ac.uk/courses/postgraduate/llm-postgraduate-laws-llm-postgraduate-diploma-postgraduate-certificate#structure Find out more about the course convenor Professor Malgosia Fitzmaurice: http://www.law.qmul.ac.uk/staff/fitzmaurice.html
Views: 4467 University of London Postgraduate Laws
Support Wendover Productions on Patreon: https://www.Patreon.com/WendoverProductions Maritime law is confusing, but interesting (I hope.) Last Video: https://www.youtube.com/watch?v=7PsmkAxVHdM Twitter: http://www.Twitter.com/WendoverPro Email: [email protected] Attributions: South China Sea video courtesy youtube.com/militarytiger (Creative Commons License) Cruise Ship icon by Rohan Gupta from the Noun Project Convention on the Reduction of Statelessness Map by Alinor (Creative Commons License) Old Cruise Ship photo courtesy Roger W from Flickr (Creative Commons License) Foreign Coders photo courtesy Cory Doctorow from Flickr (Creative Commons License)
Views: 2510289 Wendover Productions
International Law Conference, U.S. Naval War College June 25-27, 2012 Panel discussion on the "General Principles of International Law" Moderator: Capt. Kevin Kelly, U.S. Naval War College Panelists: - Professor Wolff Heìntschel von Heìnegg, Europa-Universität Viadrina, Frankfurt - Sir Daniel Bethlehem QC, Legal Policy International Ltd. - Professor Robert Chesney, University of Texas (Video courtesy of the International Law Department) ***** The views expressed are the speakers' own and may not necessarily reflect the views of the Naval War College, the Department of the Navy, the Department of Defense, or any other branch or agency of the U.S. Government.
Views: 1268 usnavalwarcollege
Environmental Politics and Law (EVST 255) The United States' fragmented, piecemeal approach to environmental law is presented through the cases that led to the creation of major environmental statutes such as the Clean Water Act and the Resource Conservation and Recovery Act. The variety of federal agencies and levels of government that participate in creating and implementing regulation contribute to the fragmentation of American environmental law. Environmental law seeks to balance the costs of environmental degradation with the economic benefits that companies reap. However, the uncertainty of environmental costs leads to a slow and ineffective regulation process. 00:00 - Chapter 1. A Course About Defining and Solving Problems 04:09 - Chapter 2. The US's Fragmented Approach to Environmental Law 09:22 - Chapter 3. The Central Questions of Environmental Law 30:08 - Chapter 4. A Society with Elaborate Environmental Law 37:33 - Chapter 5. Overview of Cases for the Course Complete course materials are available at the Open Yale Courses website: http://open.yale.edu/courses This course was recorded in Spring 2010.
Views: 34045 YaleCourses
Yes, even wars have laws. To find out more, visit http://therulesofwar.org ******** Rules of War in a Nutshell - script Since the beginning, humans have resorted to violence as a way to settle disagreements. Yet through the ages, people from around the world have tried to limit the brutality of war. It was this humanitarian spirit that led to the First Geneva Convention of 1864,and to the birth of modern International Humanitarian Law. Setting the basic limits on how wars can be fought, these universal laws of war protect those not fighting, as well as those no longer able to. To do this, a distinction must always be made between who or what may be attacked, and who or what must be spared and protected. - CIVILIANS - Most importantly, civilians can never be targeted. To do so is a war crime. “When they drove into our village, they shouted that they were going to kill everyone. I was so scared, I ran to hide in the bush. I heard my mother screaming. I thought I would never see her again.” Every possible care must be taken to avoid harming civilians or destroying things essential for their survival. They have a right to receive the help they need. - DETAINEES - “The conditions prisoners lived in never used to bother me. People like him were the reason my brother was dead. He was the enemy and was nothing to me. But then I realized that behind bars, he was out of action and no longer a threat to me or my family.” The laws of war prohibit torture and other ill-treatment of detainees, whatever their past. They must be given food and water and allowed to communicate with loved ones. This preserves their dignity and keeps them alive. - SICK & WOUNDED - Medical workers save lives, sometimes in the most dangerous conditions. “Several fighters from both sides had been critically wounded in a fierce battle and we were taking them to the closest hospital. At a checkpoint, a soldier threatened us, demanding that we only treat his men. Time was running out and I was afraid they were all going to die.” Medical workers must always be allowed to do their job and the Red Cross or Red Crescent must not be attacked. The sick or wounded have a right to be cared for, regardless of whose side they are on. - LIMITS TO WARFARE - Advances in weapons technology has meant that the rules of war have also had to adapt. Because some weapons and methods of warfare don't distinguish between fighters and civilians, limits on their use have been agreed. In the future, wars may be fought with fully autonomous robots. But will such robots ever have the ability to distinguish between a military target and someone who must never be attacked? No matter how sophisticated weapons become it is essential that they are in line with the rules of war. International Humanitarian Law is all about making choices that preserve a minimum of human dignity in times of war, and makes sure that living together again is possible once the last bullet has been shot.
Views: 4687538 International Committee of the Red Cross (ICRC)
IHL and Humanitarian principles The Advanced IHL Learning Series are addressed to lecturers and trainers who wish to update their knowledge of the latest developments and challenges in international humanitarian law (IHL) and other related areas. They enable lecturers to update and deepen their expertise in topical issues, have access to teaching resources and introduce the topics in their course or training. What are the respective aims of IHL and the humanitarian principles? What are their sources? Who are they addressed to? Does IHL refer to the principles? What is the normative framework governing relief operations? How can the principles help foster respect for IHL? This Advanced IHL Learning Series provides lecturers with a wide range of resources to understand and teach these issues. For more information please visit: https://www.icrc.org/en/ihl-and-humanitarian-principles
Views: 8498 International Committee of the Red Cross (ICRC)
Professor Surya Subedi introduces the International Economic Law course. International Economic Law Modules: Module A: Evolution and principles of international economic law Module B: International monetary and development law and policy Module C: Regulation of foreign investment Module D: Public international law of trade Find out more about this course here: http://www.londoninternational.ac.uk/courses/postgraduate/llm-postgraduate-laws-llm-postgraduate-diploma-postgraduate-certificate#structure Find out more about the course convenor Professor Surya Subedi: http://www.law.leeds.ac.uk/people/staff/subedi/
Views: 2233 University of London Postgraduate Laws
Public International Law: An Introduction - Part 1: the nature, sources and subjects of international law. This series of videos follows the structure of the subjects treated in textbook 'Internationaal Publiekrecht in vogelvlucht' by Kooijmans et al. (Deventer, 2008) and so is suitable for students who use this textbook, but draws its information from a vast array of open, freely accessible sources (Wikipedia included). While I take great care to avoid factual errors in my presentations, anything said in these videos should not be taken at face value, but rather you should use these videos to support your understanding of the material.
Views: 29343 Global Solidarity
What is sovereignty? Does it belong to people or to nations? Where do nations come from? Where do they get their power from? Do you live in a sovereign nation? Do you live in a free nation? This presentation looks at core principles of International Law in relation to sovereignty and offers a fresh perspective on how this applies to you and could be used to organise a better, freer, society. Your shares and likes help a lot so if you like the content please share to your social media sites :) www.tirnasaor.com www.mixcloud.com/tir_na_saor [email protected] facebook.com/tirnasaor twitter @tir_na_saor
Views: 7852 Tír na Saor
What is State Jurisdiction ? State jurisdiction is the capacity of a State under International Law to prescribe and enforce the rules of law. Types of State Jurisdiction Basis of State Jurisdiction Principles of Jurisdiction Immunity from Jurisdiction
Views: 5437 LACE for CSS/PMS
What is INTERNATIONAL TRADE LAW? What does INTERNATIONAL TRADE LAW mean? INTERNATIONAL TRADE LAW meaning - INTERNATIONAL TRADE LAW definition - INTERNATIONAL TRADE LAW explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. International Trade Law includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments have become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is an important part of the WTO activities, this latter branch of law is now a very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, "the law for merchants on land" and "the law for merchants on sea." Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of “international legislation” and new lex mercatoria, regulating relations in international trade. “International legislation” – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria - "the law for merchants on land". Alok Narayan defines "lex mercatoria" as "any law relating to businesses" which was criticised by Professor Julius Stone. and lex maritima - "the law for merchants on sea. Alok in his recent article criticised this definition to be "too narrow" and "merely-creative". Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. In 1995, the World Trade Organization, a formal international organization to regulate trade, was established. It is the most important development in the history of international trade law. The purposes and structure of the organization is governed by the Agreement Establishing The World Trade Organization, also known as the "Marrakesh Agreement". It does not specify the actual rules that govern international trade in specific areas. These are found in separate treaties, annexed to the Marrakesh Agreement. Scope of WTO : (a) provide framework for administration and implementation of agreements; (b) forum for further negotiations; (c) trade policy review mechanism;and (d) promote greater coherence among members economics policies Principles of the WTO: (a) principle of non-discrimination (most-favoured-nation treatment obligation and the national treatment obligation) (b) market access (reduction of tariff and non-tariff barriers to trade) (c) balancing trade liberalisation and other societal interests (d) harmonisation of national regulation (TRIPS agreement, TBT agreement, SPS agreement) The General Agreement on Tariffs and Trade(GATT) has been the backbone of international trade law since 1948 after the charter for international trade had been agreed upon in Havana. It contains rules relating to "unfair" trading practices — dumping and subsidies. Many things impacted GATT like the Uruguay Round and the North American Free Trade Agreement.
Views: 7957 The Audiopedia
What is Jus Cogens ( Peremptory norms ) ? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This animation video visualize and simply the concept of Jus Cogens in International law as per the Article 53 of the Vienna Convention on the Law of Treaties 1969, the video examines the following in terms of : definition and meaning of the term, origin in the roman law ( JUS STRICTUM & JUS DISPOSITIVUM ) , example of jus cogens norms ( genocide , crimes against humanity , slavery trade , torture, use of force, piracy , violation of human rights etc ) and the legal effect of an agreement violating a jus cogens norm: void.
Views: 58144 Hesham Elrafei
This video has been made by DealGull - The international business community. All rights reserved.
Views: 2066 DealGull Videos
Subscribe to Vesti News https://www.youtube.com/channel/UCa8MaD6gQscto_Nq1i49iew?sub_confirmation=1 Another opinion that Ukraine must respect Russia's sovereignty was expressed by Foreign Minister Sergey Lavrov. He called the situation in the Kerch Strait a definite provocation. He believes Kiev violated the key principles of international law. Previously, it was reported that the Acting Ambassador of Ukraine to Russia would be summoned to the Russian Foreign Ministry.
Views: 4101 Vesti News
What are the fundamental principles of criminal law? In this video, we aim at explaining exactly what those are: i) a defendant is innocent until proven guilty; ii) the prosecution (the Crown Prosecution Service in most cases) bears the burden of proof (also known as the ‘golden thread running through criminal law’ and contrary to what Foster’s Crown Law 1762 stated); iii) the standard of proof in criminal prosecution is of ‘beyond reasonable doubt’, with, of course, the help of case law such as Woolmington v DPP (1935). Moving on, we also consider the role a jury can and must play when deciding such cases as the one mentioned. Where can you find out more? Follow us on each of our social media platforms: Facebook: https://www.facebook.com/swbil/ Instagram: https://www.instagram.com/swbil/ OR Visit our website: https://www.bsolpk.org/
Views: 11726 Blackstone School of Law
The EU is committed to promoting global respect and compliance with International Humanitarian Law, together with the Humanitarian Principles – humanity, impartiality, neutrality and independence. These help protect the lives of humanitarian workers and ensure safe and unhindered access to those in need. Read more: http://bit.ly/1bJIr0G Video by the European Union
Views: 33129 EU Civil Protection & Humanitarian Aid Operations
What is TERRITORIAL PRINCIPLE? What does TERRITORIAL PRINCIPLE mean? TERRITORIAL PRINCIPLE meaning - TERRITORIAL PRINCIPLE definition - TERRITORIAL PRINCIPLE explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ The territorial principle (also territoriality principle) is a principle of public international law under which a sovereign state can prosecute criminal offences that are committed within its borders. The principle also bars states from exercising jurisdiction beyond their borders, unless they have jurisdiction under other principles such as the principle of nationality, the passive personality principle, the protective principle, and possibly universal jurisdiction. The Lotus case was a key court ruling on the territoriality principle. In 1926, a French vessel collided with a Turkish vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice ruled that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence, even though the incident happened beyond Turkey's boundaries. This case extended the territoriality principle to cover cases that happen outside a state's boundaries, but have a substantial effect on the state's interests or involve its citizens. Questions have surfaced regarding how the territoriality principle applies, with the rise of globalization and the Internet. The applicability of this principle also was in question, with the case against Augusto Pinochet and other cases of transnational justice.
Views: 803 The Audiopedia
To watch the full lecture, please go to http://legal.un.org/avl/ls/chetail_iml.html Mr. Vincent Chetail, Professor of International Law, Graduate Institute of International and Development Studies
Views: 2430 UN Audiovisual Library
Sandra Eden, Senior Lecturer at Edinburgh Law School, talks about the Principles of International Taxation course available by online distance learning.
Views: 733 Edinburgh Law School
What is STATE RESPONSIBILITY? What does STATE RESPONSIBILITY mean? STATE RESPONSIBILITY meaning - STATE RESPONSIBILITY definition - STATE RESPONSIBILITY explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation. Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation. In this way they are "secondary" rules that address basic issues of responsibility and remedies available for breach of "primary" or substantive rules of international law, such as with respect to the use of armed force. Because of this generality, the rules can be studied independently of the primary rules of obligation. They establish (1) the conditions of actions to qualify as internationally wrongful, (2) the circumstances under which actions of officials, private individuals and other entities may be attributed to the state, (3) general defences to liability and (4) the consequences of liability. Until recently, the theory of the law of state responsibility was not well developed. The position has now changed, with the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts ("Draft Articles") by the International Law Commission (ILC) in August 2001. The Draft Articles are a combination of codification and progressive development. They have already been cited by the International Court of Justice and have generally been well received. Although the articles are general in coverage, they do not necessarily apply in all cases. Particular treaty regimes, such as the General Agreement on Tariffs and Trade and the European Convention on Human Rights, have established their own special rules of responsibility.
Views: 1916 The Audiopedia
Our current students talk about what they are going to do with their degree in International Law and Human Rights after graduation. The programme provides comprehensive knowledge of the principles, regulations, subjects and practice in the field of international law and human rights. The increasing globalisation, the importance of international legal regulations, and the role and proliferation of international organisations provide new opportunities for people with the specialised knowledge and skills in these fields. + Practice is a mandatory component of the programme. + Studies take place in the capital, Tallinn. Representatives from various Tallinn-based international organisations and state institutions participate in the teaching process. + Graduates are well-prepared to work for international organisations as well as public and private sector potentially anywhere in the world. Application deadline: March 15 More info: http://www.ut.ee/ilhr
Views: 833 University of Tartu
Anthea Roberts and an expert panel are brought together in this lecture to discuss Anthea Roberts' latest book "Is international law international?". International lawyers are accustomed to facing challenges to their discipline. For many years, this was in the nature of a challenge to the existence of international law – ‘“is” international law?’ As international law gradually moved beyond its ontological phase, international lawyers were more commonly confronted with the question, but ‘is international law really “law”?’ Now that many international lawyers have honed their response to this question, Anthea Roberts has moved the debate to the next phase, asking ‘is international law “international”?’ This beguilingly simple question does not give of an easy answer. Instead, Roberts’ book – with this question as its title – develops an original research agenda, dissolving the myth of international law’s ‘universality’ and making a powerful contribution to recent scholarship forging a new field of comparative international law. Anthea Roberts is an Associate Professor in the School of Regulation and Global Governance (RegNet) at the Australian National University. She specializes in public international law, investment treaty law and arbitration, and comparative international law. Anthea previously taught at the London School of Economics as well as Columbia and Harvard Law Schools. Professor Rein Müllerson is Research Professor at the University of Tallinn. He has worked in international law in Estonia, Russia, China and the United Kingdom, including as Professor of international law at King's College London (1994-2009), a member of the United Nations Human Rights Committee (1988-92), visiting centennial professor of the London School of Economics (1992-94), first deputy foreign minister of Estonia (1991-92), the UN regional advisor for Central Asia (2004-05), and a member of the Institut de Droit International, of which he was President (2013-2015). He is the author of over 13 books on international law and politics, including most recently Geopolitics and the Clash of Ideologies: Dawn of a New Order (2017). Associate Professor Marko Milanovic is Associate Professor of international law at the University of Nottingham. Marko obtained his first degree in law from the University of Belgrade Faculty of Law, his LLM from the University of Michigan Law School, and his PhD in international law from the University of Cambridge. Marko is Vice-President and member of the Executive Board of the European Society of International Law, an Associate of the Belgrade Centre for Human Rights, and co-editor of EJIL: Talk!, the blog of the European Journal of International Law, as well as a member of the EJIL's Editorial Board. He was Law Clerk to Judge Thomas Buergenthal of the International Court of Justice in 2006/2007. He has been a visiting professor at the University of Michigan Law School and at the Geneva Academy of International Humanitarian Law and Human Rights. Dr Devika Hovell (Department of Law, London School of Economics) chairs the event.
Views: 446 LSE Law
Chapter 7 - IHL and humanitarian principles: Regulating relief operations The Advanced IHL Learning Series are addressed to lecturers and trainers who wish to update their knowledge of the latest developments and challenges in international humanitarian law (IHL) and other related areas. They enable lecturers to update and deepen their expertise in topical issues, have access to teaching resources and introduce the topics in their course or training. What are the respective aims of IHL and the humanitarian principles? What are their sources? Who are they addressed to? Does IHL refer to the principles? What is the normative framework governing relief operations? How can the principles help foster respect for IHL? This Advanced IHL Learning Series provides lecturers with a wide range of resources to understand and teach these issues. For more information please visit: https://www.icrc.org/en/ihl-and-humanitarian-principles
Views: 1318 International Committee of the Red Cross (ICRC)
explaining Domestic law and fundamental rights and freedoms Disclaimer: This is not legal advice. The creator posting this video not responsible in any manner as a result of using this video or any content in this video. Use at the viewers risk. This video is for the purposes of sharing information concerning Human rights and fundamental freedoms with mankind.
Views: 7447 eternallyaware