Please enable JavaScript.
Coggle requires JavaScript to display documents.
Public International Law and Private International Law - Coggle Diagram
Public International Law and Private International Law
Public International Law: regulating relationships between states and between states and international organizations.
Sources of Public International Law: The Charter of the United Nations is the establishing document for the International Court of Justice (ICJ) as the principal judicial organ of the UN. Article 38(1) of the Statute of the International Court of Justice lists the sources that the ICJ uses to resolve disputes as follows:
a) International conventions, whether general or particular, establishing rules expressly recognised by the contesting states;
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (commonly known as the Outer Space Treaty) - 1967
Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space (commonly known as the Rescue Agreement) - 1968
Convention on International Liability for Damage Caused by Space Objects (commonly known as the Liability Convention) - 1972
Convention on Registration of Objects Launched into Outer Space (commonly known as the Registration Convention) - 1976
Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (commonly known as the Moon Agreement) - 1984
International Telecommunication Union. Constitution and Convention of the International Telecommunication Union. Geneva: ITU, 2015.
b) international custom, as evidence of a general practice accepted as law;
c) the general principles of law recognized by civilized nations;
d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
Branches of International Law
Public International Law: State Sovereignty, Human Rights Law, International Humanitarian Law, International Criminal Law, Law of the Sea, Environmental Law, International Trade Law, Diplomatic Law, Treaty Law, International Organisations Law
Private International Law: Conflict of Laws, International Commercial Arbitration, Transnational Litigation
Global Commons/Areas Beyond National Jurisdiction: Outer Space Law, High Seas, Antarctica, the Atmosphere
International Environmental Law
International Telecommunication Law
Soft Law vs Hard Law
Soft law refers to guidelines, principles, declarations, and other instruments that are not legally binding. However, they can influence state behavior and contribute to the development of customary international law; e.g. UN Declarations
Hard law refers to legally binding obligations that are precise and that delegate authority for interpreting and implementing the law.