La loi international (document en anglais)

International law

International law is a body of legal rules, regulations and accepted practices by which countries, organizations and people throughout the world interact with each other and with citizens of different countries. There are two basic categories of this type of law: public and private. Public international law deals with relationships between nations or between a nation and organizations or people from other countries. Private international law deals with disputes between citizens of different countries or businesses from different countries, especially when there is a question of which country's laws apply or where the dispute should be resolved. There are certain courts and bodies, such as the United Nations Security Council, that have the power to decide cases of international law.

Sources of International Laws

Countries are bound by international laws only when they agree to be bound by them. They might join international organizations, such as the United Nations or European Union, and agree to follow all of the rules, laws and guidelines set forth by the organization. They also might agree to treaties, pacts, charters or other agreements that include specific laws or rules. Sometimes, however, countries that are not party to these agreements might be held accountable by other countries for violating certain laws or rules. This is especially true for matters such as human rights, wartime laws and territorial rights.

Public International Law

The public variety of this type of law applies when two or more countries or sovereign entities are involved. These laws might cover topics such as human rights, wartime laws and the laws at sea. Violations of these laws might result in ramifications such as sanctions by other countries, the ending of certain agreements between the countries that are involved or, in the most severe cases, declarations of war.

Private International Law

When legal matters involve people, businesses or private organizations from separate countries, rather than government bodies, it is considered private international law. This type of law often involves settling matters such as which country's laws apply or where the case will be decided. It often is necessary for governments to step in to help their citizens settle these matters or to help them achieve a fair result.

Subjects

In addition to matters such as human rights, maritime laws and war crimes, subjects that typically are covered by international laws include drug control, aviation laws, telecommunications, space law and other topics that often stretch beyond a country's borders. Other international laws concern the way countries interact with each other, such as in trade relations and matters of military disarmament. One of the growing areas that these laws cover is that of intellectual property rights, because technology advances have made copyright infringement and digital piracy easier.

Sources of International Law.

Treaties and rules of customary international law are two of the most important sources of international law.

Treaties are the main source of international law. They are written, legally binding instruments, setting out the rights and obligations of two (bilateral) or more states (multilateral) on a specific issue. Treaties are also commonly designated as: “conventions”. Examples of multilateral treaties: The UN Charter…

Customary international law is also an important source of international law. It consists of unwritten rules, created by practice that is adhered to by states out of a sense of legal obligation (opinio juris). Customary rules are binding on all states, regardless of whether the state has explicitly consented to be bound by the rule involved or whether the rule may also be found in treaty form. Examples of customary norms: prohibition of slavery, prohibition of genocide, prohibition of indiscriminate…

“Soft” international law is an important body of non-treaty standards usually adopted within the framework of the United Nations system (declarations, bodies of principles, standard minimum rules, etc.). Although not legally binding, soft law serves to interpret and elaborate treaty provisions and to develop new standards in emerging areas of international law.

The General Assembly

The General Assembly is the only United Nations organ in which all Member States have the right to be represented and to vote on a one State—one vote” basis. It may discuss any questions or matters within the scope of the Charter. Important decisions are made by two-thirds majority, but as a matter of fact, most decisions are taken on the basis of consensus.

The Security Council

The Security Council consists of fifteen Member States, five permanent members (China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America) and ten members which are elected for two year terms according to a formula which ensures an equitable geographic distribution. The Council has primary responsibility for the maintenance of international peace and security.

The Secretariat

The Secretariat executes the decisions of the General Assembly and the Security Council. It comprises the Secretary-General of the United Nations58 and such staff as the Organization may require. The Secretary-General is elected for a five-year term by the General Assembly upon the recommendation of the Security Council. The Secretary-General has the power to “bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.

The Economic and Social Council

The responsibility for the promotion of international economic and social cooperation is vested in the General Assembly, and under its authority, the Economic and Social Council. Specifically these organs should exert efforts toward:

•higher standards of living, full employment, and conditions of economic and social progress and development;

•solutions of international economic, social, health and related problems, and international, cultural and educational cooperation; and,

•universal respect for human

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