International law refers to the general set of rules or principles that help in resolving international problems like laws of the sea, the dispute between two countries, the part of the land that belongs to which country, how to maintain international behaviour, etc. However, the point to be noted here is that international laws are a standard system of rules which apply to all countries. So, it depends on each country how to apply these rules and pass the law for their land.
The international legal system is dominated by the States. The States inculcate the international legal rules and enforce them as laws of their land. It is the States who can become members of the International Court of Justice and other organizations. The States have to constantly evolve. To maintain international relations, States must be recognized by the other States. With the emergence of newly recognized States, the balance of power can be changed and international relations can run smoothly.
International organizations are established by the States to maintain a balance in international relations. For example, the United Nations was a combined effort of the States to maintain peace after World War II. Each international organization has different obligations and duties set by international law. One of the main organs of the United Nations, the International Court of Justice has the power to challenge the decisions of the States in the context of international laws.
Individuals play a very important role in the formation of the international legal system. The legal rules mentioned in the international law do not include the individuals but, indirectly the obligations mentioned for the States apply to the individuals because, if an individual is happy then, the State flourishes. Individuals are linked to each State by their nationality. Nationality is acquired by birth, acquisition, naturalization, etc. Each state has different criteria for acquiring nationality.
Rules given by international law are mainly in the form of treaties. Treaties are given various other names like conventions, agreements, rules, etc. Treaties were the only source of hope in times of war. Although, some treaties have also ignited wars, for example, the Treaty of Versailles. Post the war phase, the Vienna Convention on the Law of Treaties (1969) was set up. This Convention is also known as the law of treaties. It contains everything about how treaties should be formed. The important point of notice here is that all treaties are binding only on the States and not any third party.
Customs are followed by two nations while maintaining international relations with each other. Custom is a practice that is accepted as a law by the States over a period of time. Customary law rules are binding in all States. The States are generally the main contributors in establishing a new custom. For example, in the Cold War era, the United States and the Soviet Union came up with new customs regarding Space laws. The ICJ also refers to a lot of customs while delivering judgments.
The United Nations International Law Commission was established in 1948. The ILC has thirty-four members. The main function of the ILC is to codify international laws. The International Law Commission prepares draft articles for the international laws over a period of time and then submits the draft to the United Nations General Assembly for a draft convention.
General principles are recognized by many nations, so they are an important source of International law. Not all disputes between nations are resolved by treaties. General principles are used when there is no provision for treaties. General principles can be seen in all legal systems. Examples of these general principles are good faith, the impartiality of judges, laches, etc.
Under a dualistic tradition, the national legal system is considered completely different from the international legal system. In this context, the international rules will be valid only in the international legal circuit and not in the domestic legal order. According to this theory, international law applies to laws between the states and national law applies to laws within each state.
The monism theory of international law is exactly the opposite of the dualistic theory. This theory states that international and national laws should be combined into one legal order. On this basis, there will be a balance between both national and international laws. The main exponents of this theory were Hans Kelsen and Hersch Lauterpacht.
National law vs international law – An animated explainer
What is national law?
National law, also known as domestic law, includes laws that pertain to a particular nation or state. Some of these laws stem from decisions made by judges, or case law, while other states dont recognize judge-enforced law. In most cases in the United States, Congress enacts these laws, which require acceptance from the president of the United States to become valid. However, states can also enact their own laws, which differ from federal laws.
What is international law?
International law, also referred to as law of nations or public international law, denotes the principles, procedures and rules that govern the dealings and treaties of one nation when collaborating with other nations. It also applies to relations regarding international companies and organizations that may operate throughout several nations. Professionals often abide by the rules of this type of law when forming multilateral treaties between countries. This type of law doesnt interfere with domestic legal systems and has no bearing on agreements between states and counties within the same country.
This type of law establishes rules and practices that are acceptable or not when making agreements, as well as a conceptual framework for various uses. Some of these involve treaties related to war, trade and diplomacy. National law may rely on international law when a treaty grants jurisdiction to organizations operating in multiple countries. International law relies largely on the consent of all parties involved. Here are two different types of international law:
International law vs. national law
The following are several differences between international and national law:
How international and national law applies to workplaces
There are a few key ways that international and national law can impact a workplace. Some of these include:
Violence and harassment
This topic in relation to national and international law refers to laws that specifically regard the appropriate and inappropriate ways that workplaces should handle situations of violence and harassment. Companies that have offices in the United States, for example, would have to abide by American guidelines of workplace violence and harassment.
Companies that operate outside of the United States, however, would have to abide by the rules of the country in which theyre operating. This may even include cases where the country in which theyre operating doesnt have any violence and harassment laws, which might force those companies to handle each of these situations on a case-by-case basis.
Employment law
Labor and employment laws are prevalent throughout the world. For example, some countries have no minimum wage established, while others have a minimum wage as well as certain regions that can choose to set it higher than the federally established minimum. When working with or in another country, a business must follow that countrys international employment laws. Examples of issues besides minimum wage that relate to these types of laws may include:
Duty of care
When employees travel to other countries, those countries often extend a duty of care to those employees who arent residents in their countries. Duty of care often pertains to health care systems and occupational safety and health to ensure that employers and countries have legal obligations in place to avoid risk and injury while a non-resident employee is visiting. Duty of care can also extend to risk management when regarding international business travelers.
Disclaimer: This article is for information purposes only and is not intended to constitute legal advice; you should consult with an attorney for any legal issues you may be experiencing.
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