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International Law and Organizations


International Law and Organizations Chapter 2 ? 2002 West /Thomson Learning 1 What is International Law? ? A rule… that has been accepted as such by the international community in the form of . . . ? ? ? customary law… … international agreement… …general principles common to the major legal systems… Restatement of the Law 3rd 2 Public International Law ? ? Deals with relationships between countries and applies “norms regarded as binding on all members of the international community” Example: Vienna Convention on the Law of Treaties 3 Public International Law ? ? Pacta sunt servanda: “every treaty in force is binding upon the parties to it and must be performed in good faith.” Ius cogens: “preemptory norm of international law” (example: proscriptions against torture and genocide) 4 Impact of treaties on business? ? Treaties involve public law but can apply to private transactions ? ? ? Tax treaties Law of the Sea convention Convention for the International Sale of Goods(CISG) 5 International Court of Justice ? ? ? ? ? ? Known as the World Court 15 judges serving 9 year term UN General Assembly and Security Council elect Based in The Hague, Netherlands Only states can be parties and state must have accepted the court’s jurisdiction Case Examples: ? Liechtenstein v. Guatemala ? Nicaragua v. United States 6 United Nations in Public International Law ? ? General Assembly (1 country, 1 vote) Security Council (15 members) ? ? ? 5 permanent members: Chi

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