INTERNATIONAL LAW

also called Public International Law, or Law Of Nations, the body of legal rules that apply between sovereign states and other entities having international personality. International law means public international law as distinguished from private international law, which deals with the differences between the municipal or internal laws of different countries. International law has developed from the necessity of nations to coexist peacefully; it is anchored in self-interest and a variety of practical considerations. Although there is no effective international law-enforcing body, individual states have shown an increasing willingness to adhere to legal principles of mutual cooperation. In fact, many states now incorporate agreed principles of international law into their own municipal jurisdictions. International law is generated by three discrete processes: by the process of international customary law, by treaties, and by general principles of law recognized by civilized nations. International customary law is essentially the international law of unorganized society. The basic rules of international customary law can be summarized in the following fundamental principles: sovereignty, recognition, consent, good faith, freedom of the seas, international responsibility, and self-defense. Rules of sovereignty define the limits of jurisdiction that subjects of international law have over their own territory as well as over persons and things outside their territory. The rules of recognition cover situations such as the co-option of new subjects of international law, the recognition of the territorial claims of another state, and the grant and withdrawal of nationality. The rules on consent enable subjects of international law, when entering into agreement, to modify and to supplement as they see fit, but without prejudice to the rights of third parties, any of the rules of international customary law or the general principles of law recognized by civilized nations. Good faith characterizes the spirit in which parties to a consensual engagement must interpret and execute that engagement; good faith is identified with the requirements of reasonableness, common sense, and equity. The rules protecting the freedom of the seas preclude the appropriation by any individual subject of international law of any portion of the high seas as distinct from the subsoil and bed of the sea. The ability to exercise permitted jurisdiction varies according to the state of peace or war between the parties concerned. The rules on international responsibility can be reduced to two propositions, namely, that the breach of any international obligation by the organ of a subject of international law constitutes an illegal act, or international tort, and that the subject has a duty to make reparation. The rules of self-defense mainly govern the measures that may be taken against illegal acts attributable to another subject of international law and against acts of individuals, ships, or aircraft that disentitle any other subject of international law from the grant of protection. International law is also created by treaties. Treaties and other consensual engagements are legally binding undertakings by which the subjects of international law may declare, modify, or develop existing international law as they see fit or agree on transactions. Among the bodies of international rules governed by treaties and other agreements, five are of special significance: territory, diplomatic law, and immunity; the protection of nationals abroad; freedom of commerce and navigation; extradition and asylum; and succession to international rights and obligations. Global multipurpose institutions such as the United Nations play an important role in the development of international law. They are best understood as organizational superstructures of international customary law on a consensual and confederate basis. Their impact on international law is threefold: they have been responsible for the modification, by express consent, of the rules underlying the fundamental principles of international law, for the indirect modification of these rules by acquiescence on the part of member states in the action of organs not actually authorized to exercise lawmaking functions, and for the initiation of the further codification and development of international law. also called public international law, or law of nations, the body of legal rules that apply between sovereign states and such other entities as have been granted international personality (status acknowledged by the international community). The term was coined by Jeremy Bentham. Like precepts of international morality, the rules of international law are of a normative character; that is, they prescribe standards of conduct. They distinguish themselves, however, from moral rules by being, at least potentially, designed for authoritative interpretation by an independent judicial authority and by being capable of enforcement by the application of external sanctions. International law means public international law as distinct from private international law or the conflict of laws, which deals with the differences between the municipal laws of different countries. International law forms a contrast to municipal law. While international law applies only between entities that can claim international personality, municipal law is the internal law of states that regulates the conduct of individuals and other legal entities within their jurisdiction. International law should also be distinguished from quasi-international law, which is the law governing relations similar to those covered by international law but outside the pale of international law because at least one of the parties lacks international personality. Concession agreements between oil companies and sovereign states fall into this category. In case of doubt, they are subject to the municipal law of the state granting the concession. Transnational law is a purely negative term. It is intended to convey that, in accordance with the intention of contracting parties, a transaction of a consensual character is not or should not be subject to municipal law. Additional reading General treatises include the following: Michael Akehurst, A Modern Introduction to International Law, 5th ed. (1984); Gerhard Von Glahn, Law Among Nations: An Introduction to Public International Law, 4th ed. (1981); R.C. Hingorani, Modern International Law, 2nd ed. (1984); Richard Falk, Friedrich Kratochwil, and Saul H. Mendlovitz (eds.), International Law: A Contemporary Perspective (1985); J.L. Brierly, The Law of Nations: An Introduction to the International Law of Peace, 6th ed. edited by Humphrey Waldock (1963); Charles Cheney Hyde, International Law, Chiefly as Interpreted and Applied by the United States, 2nd rev. ed., 3 vol. (1945); Myres S. McDougal, Studies in World Public Order (1960); D.P. O'Connell, International Law, 2nd ed., 2 vol. (1970); L.F.L. Oppenheim, International Law: A Treatise, 8th ed. edited by H. Lauterpacht, 2 vol. (1955, reprinted 1974); Georg Schwarzenberger and E.D. Brown, A Manual of International Law, 6th ed. (1976); Max Srenson (ed.), Manual of Public International Law (1968); Paul Reuter, Droit international public, 5th rev. ed. (1976); Charles Rousseau, Droit international public, 10th ed. (1984); Georg Dahm, Vlkerrecht, 3 vol. (195861); Alfred Verdross, Vlkerrecht, 5th ed. edited by Stephan Verosta and Karl Zemanek (1964); D. Anzilotti, Corso di diritto internazionale, 4th ed., vol. 1 (1964); Angelo P. Sereni, Diritto internazionale, 4 vol. in 5 (195665); Csar Seplveda, Derecho internacional, 13th ed. (1983); Academy Of Sciences Of The U.S.S.R., International Law, trans. from Russian by Dennis Ogden (1967); G.I. Tunkin, Voprosy mezhdunarodnogo prava (1960), available also in a French translation, Droit international public (1965), and a German translation, Das Vlkerrecht der Gegenwart, Theorie und Praxis (1963); Edward McWhinney, Conflict and Compromise: International Law and World Order in a Revolutionary Age (1981); John A. Perkins, The Prudent Peace: Law as Foreign Policy (1981); Bin Cheng, Outer Space: The International Legal Framework, in Institute Of International Public Law And International Relations Of Thessaloniki, Air and Outer Space Law, pp. 41106, vol. 10 of Thesaurus Acroasium (1981); Glenn H. Reynolds and Robert P. Merges, Outer Space: Problems of Law and Policy (1989); Nandasiri Jasentuliyana and Roy S.K. Lee (eds.), Manual on Space Law, 4 vol. (197981); Carl Q. Christol, The Modern International Law of Outer Space (1982); and A.S. Piradov (ed.), International Space Law (1976; originally published in Russian, 1974).Treaties are collected in Clive Parry (ed.), The Consolidated Treaty Series, 231 vol. (196981); League Of Nations, Treaty Series: Publications of Treaties and International Engagements Registered with the Secretariat of the League, 205 vol. in 211 (192046), superseded by United Nations, Treaty Series: Treaties and International Agreements Registered or Filed and Recorded with the Secretariat of the United Nations (1946 ); United Nations, List of Treaty Collections (1956, reprinted 1981); and Manley O. Hudson (ed.), International Legislation, 9 vol. (193150, reprinted 197072).United Nations, Office Of Legal Affairs, Codification Division, Reports of International Arbitral Awards (irregular); International Law Reports (annual); and A.M. Stuyt, Survey of International Arbitrations, 17941970 (1972), contain reports of judicial case law.Digests of state practice include Alexandre Charles Kiss (ed.), Rpertoire de la pratique Franaise en matire de droit international public, 6 vol. (196269); British Practice in International Law (irregular); John Basset Moore (ed.), A Digest of International Law, 8 vol. (1906, reprinted 1970); Green Haywood Hackworth (ed.), Digest of International Law, 8 vol. (194044, reprinted 1973); and Marjorie M. Whiteman (ed.), Digest of International Law, 15 vol. (196373).Reference works are Karl Strupp (ed.), Wrterbuch des Vlkerrechts, 2nd ed. edited by Hans-Jrgen Schlochauer et al., 3 vol. (196062); Union Acadmique Internationale, Dictionnaire de la terminologie du droit international (1960); and James R. Fox, Dictionary of International & Comparative Law (1992).Useful periodicals and yearbooks include The American Journal of International Law (quarterly); Archiv des Vlkerrechts (quarterly); The British Yearbook of International Law (annual); Indian Yearbook of International Affairs (annual); The Japanese Annual of International Law (annual); Revue gnrale de droit international public (quarterly); Rossiski ezhegodnik mezhdunarodnogo prava (annual), with English summaries; The Year Book of World Affairs (annual); Zeitschrift fr auslndisches ffentliches Recht und Vlkerrecht (quarterly); Journal of Space Law (semiannual); Annals of Air and Space Law (annual), in English and French; and International Institute Of Space Law. Colloquium, Proceedings (annual).jacob Robinson, International Law and Organization: General Sources of Information (1967), is a bibliography. Georg Schwarzenberger Bin Cheng The Editors of the Encyclopdia Britannica