scope of international law

8/8/2019 Scope of International Law

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SCOPE OF INTERNATIONALLAW

Muriel Autencio



International Law

Covers almost every kind of activity of a

transborder character.

Propelled by such concerns as global human

rights movement, patterns of rising internationaltrade, and changing technology.

Identifies the actors or subjects that have legal

status and provides for their rights and duties.

Montevideo Convention on Rights and Duties of

State of 1933

Convention on Privileges and Immunities of the

United Nations of 1964.



Extradition

Formal procedure of returning a fugitive from

the state of residence where the criminal act

occurred.

Traditionally occurred under Customary Law

but nowadays it operates under bilateral

treaties.

Treaty on Extradition Between the United

States and Japan of 1978



War

Laws of war to civilize war have arisen

Hague Convention of 1899 and 1907.

Kellogg Briand Pact of 1928 and the United

Nations Charter of 1945

Two of the Fundamental Laws of War:

Aggressive war is unlawful

State defense in cases of Aggression islawful

Geneva Conventions of 1949



Treatment of Civilians and POWS

Often inhumane in spite of laws

Civilians are caught in the midst of war, and

their causalities may be greater than thecombatants.

Protocols to the Geneva Convention of 1977

Prisoners from whatever conflict shouldreceive human treatment as POWs.



Arms Limitation

Arms Limitation

Prospect of Limiting the Destruction of War orProspect of Limiting the Destruction of War or

even preventing war through arms limitation.even preventing war through arms limitation.

Reduction of weapons means fewerReduction of weapons means fewercasualties if war occurscasualties if war occurs

Weapons reduction may reduce the warWeapons reduction may reduce the war

provoking tensions associated with arms race.provoking tensions associated with arms race.

Prospect of Limiting the Destruction of War orProspect of Limiting the Destruction of War or

even preventing war through arms limitation.even preventing war through arms limitation.

Reduction of weapons means fewerReduction of weapons means fewercasualties if war occurscasualties if war occurs

Weapons reduction may reduce the warWeapons reduction may reduce the war

provoking tensions associated with arms race.provoking tensions associated with arms race.



Laws of Neutrality

Important during wartime

Answers questions such as:

When can neutrals face blockades to theirtrade?

What constitutes contraband if trade is

possible?What is the required legal treatment of

neutral civilians caught in a war zone?



Laws of Peace

Deals with

territoriality,nationality,diplomacy,and trade.



Law of the Sea

One of the oldest international Law

Laws of the Sea of 1982

Seaward jurisdiction of states from their

baselines

States have complete territorial jurisdiction

12 miles out of the sea

Additional 12 miles, contiguous zone that

allows limited sovereignty

200 mile exclusive economic zone along

each country·s coast



Aerial Laws

Invention of the airplane and powerful rockets.

Chicago Convention on International and Civil

Aviation of 1944The atmosphere above land boundaries

belongs to a given state, and many states

are sensitive to any intrusion.



Outer Space Treaty of 1967

Activities beyond the atmosphere including the

heavenly bodies.

States can explore these territories but cannotarm them with weapons of mass destruction or

declare heavenly bodies their national

territory.



Laws of Nationality

States in the Western Hemisphere

Jus soli principle (Law of the Soil)

Most European States

Jus Sanguinis (Law of Blood)

Some states tolerate dual citizenship



Diplomatic Relations

Vienna Convention on Diplomatic Relations of1961

Vienna Convention on Consular Relations of

1963 International Convention against The Taking of

Hostages of 1979

Diplomats and private citizens receive protection fromhostage status.

States where the hostage taking occurs are responsible

for the safety of diplomats and citizens from other

countries.



Trade

Free Trade Agreement of 1989

North American Free Trade Agreement of

1993 Treaty of Rome of 1957

Created the European Economic Community

which later became the European Union

Maastricht Treaty of December 1991 signed

by 12 members of the EU



General Agreement on Tariffs and Trade of

1947

Free Trade Philosophy

World Trade Organization

More extensive and has replaced GATT



Human Rights

Before WWII

Peace of Westphalia of 1648

States have claimed that they can treat theircitizens as they wish

After WWII

Human rights declarations and treaties, global and

regional, have steadily appeared as international

law.



Hague Convention on the Civil Aspects of

International Child Abduction of 1988

Convention on the Rights of the Child State parties shall take all appropriate national,

bilateral and multilateral measures to prevent the

abduction of, the sale of or traffic in children for

any purpose or in any form.(Article 35)



Universal Declaration on theRights of the IndigenousPeople

Indigenous People shall not beforcibly removed from theirlands or territories. Norelocation shall take placewithout the free, prior andinformed consent of theindigenous peoples concernedand after agreement on justand fair compensation and,where possible with the optionof return. (Article 10)



Conclusion

Treaties in the areas of terrorism, environment,

intellectual property and copyright laws, health,

communication technology and many others

demonstrate that international law is an evolvingbody of law.

This law guides cooperation in areas of mutual

concern and pull states, as well as other actors into

a shared international society.

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