Introduction to International and

Comparative Law
 A. What is International Law?
International law
the body of legal rules and norms that regulates
activities carried on beyond the legal boundaries of a
single state.
Public international law
Private international law
Comity
The practice or courtesy existing between states of
treating each other with goodwill and civility.
Ignacio v Texaco
 B. Making of International Law
State practice
The conduct and practice of states in their
dealings with each other
Multilateral treaty

Bilateral treaty
 C. Sources of International Law
Article 38(1) of the Statute of the
International Court of Justice
Conventions
International custom
General principles of law recognized by civilized
nations
Judicial decisions and teachings
Hierarchical structure
 Treaties and Conventions
Treaty
Legally binding agreement between two or more
states
VN-USA BTA
Convention
Legally binding agreement between states
sponsored by an international organization
VN WTO
Human Rights Convention sponsored by UN
 Custom
Custom
A long-established tradition or usage that becomes customary law
if it is 1) consistently and regularly observed and 2) recognized by
those states observing it as a practice that they must obligatorily
follow
Customary law
Usus: a consistent and recurring practice
comity versus opinio juris sive necessitatis (necessary
obligation)
Following out of courtesy (comity) versus obligated to follow the
customary practice
persistent objection
Active rejection of a customary practice from its first observance
by other states
 General Principals
General principles
Principles of law common to the worlds legal
systems
jus cogens
A preemptory norm of general international law,
recognized by the international community of
States as a norm which no derogation is permitted
 D. The Scope of International Law in
Actual Practice
The Practice of International Tribunals
Subservient
The Practice in Municipal Courts
Correlative
Doctrine of incorporation
Doctrine of transformation
Self-executing treaty
Non-self executing treaty
 D. The Scope of International Law in
Actual Practice (contd)
The Practice in Municipal Courts (contd)
Constitutional treaty
Executive agreement
Sei Fujii v State
 E. International Persons
States and their subdivisions
States
Independent state
Dependent state
International organizations
Businesses
Individuals
 States and Recognition
States
Recognition
Matimak Trading Co.
Estrada Doctrine
Territorial Sovereignty
The right of a government to exclusively exercise
its powers within a particular territory
Servitude: A right to the use of anothers property
The Trail Smelter Arbitration
 Territorial Sovereignty
To have territorial sovereignty, a state must
first acquire territory
By the occupation of land
By the voluntary transfer of territory
By the conquest and continued occupation
Estoppel
 Changes in Territorial Sovereignty
When changes occur there are several legal
consequences
Treaty rights and obligations of successor
Dispositive treaties
Rights over territory, boundaries and servitudes
 Changes in ... (contd)
Merger Rule
State A and State B combine to from State C
ex: Egypt and Syria; United Arab Republic (1958-1961)
Moving Boundaries Rule
State A absorbs State Bs territory
ex: France Alsace-Lorraine (WWI); Germany
Saarland (1957); Netherlands West New Guinea
(Indonesia, 1969)
 Changes in ... (contd)
Clean Slate Doctrine
new state from decolonization
Generally no obligations (CSD)
Common practice to continue existing treaties

Vienna Convention on the Succession of States

Art. 34: when two states come into existence
following the disintegration of a predecessor both
are bound by predecessors treaties
ex: USSR (1991)
 Changes in ... (contd)
General guidelines
Nationals of a territory acquired retains previous
nationality (except treaty or legislation passed)
Public property transfers to successor state
Note on 3rd party public property
Private property rights of individuals do not lapse
Expropriation
Contractual obligations continue
Inherit proportion of national debt
 International Organizations
Two types of IOs
Public or Intergovernmental Organizations (IGOs)
A permanent organization set up by two or more states
to carry on activities of common interest
Nongovernmental Organizations (NGOs)
An international organization made up of organizations
other than states
 IGOs
Evolution from European tradition of
convening conferences at the end of wars to
draw new boundaries and sign peace treaties
Conferences evolved into sponsoring
multilateral treaties and setting up
organizations to monitor treaty and keep
peace.
 IGOs (contd)
League of Nations (post WWI)
United Nations (post WWII)
World Intellectual Property Organization
(WIPO) present day
International Bureau of Industrial Property (1883)
and International Bureau of Literary Property
(1886)
 IGOs (contd)
Organized much the same as corporations
Constitutional instrument, i.e. charter
Sets forth aims, objectives, internal structure,
resources, and express powers
Drafted and adopted by member states
Legal capacity must be recognized by states
General rule: signatory states automatically recognize
Not uniform rule. Exceptions: ex: United Kingdom
 IGOs (contd)
The United Nations
Organs: General Assembly, Security Council,
Secretariat, International Court of Justice, Trusteeship
Council, Economic and Social Council
Specialized agencies of the UN
Nonbanking
WIPO, UNESCO, IMF, ILO etc
World Bank Group
IDA, IFC etc
See Exhibit 1-3, p. 25
United Nations System
 IGOs (contd)
European Union (EU)
Member States
Facts and Figures
EU Law
EU Treaties
EU endowed with supranational powers
supranational powers
 IGOs (contd)
European Union (EU) (contd)
Institutions of the EU
European Commission
Council of the European Community
European Parliament
European Court of Justice
European Economic and Social Committee
European Court of First Instance
European Central Bank
European Court of Auditors
 IGOs (contd)
Other IGOs
General IGOs, ex UN
Regional: Council of Europe, African Union (AU),
Organization of American States (OAS)
Specialized IGOs
INTERPOL
Custom unions exhibit 1-6, p. 41
Free trade areas, ASEAN, NAFTA
Economic consultative association, OECD
 NGOs
Nonprofit NGOs
International Air Transport Association
Amnesty International
International Committee of the Red Cross
Multinational enterprises (MNEs)
 F. The Rights of Individuals Under
International Law
Individuals are
1) ignored
2) treated as subjects
Traditionally ignored
State responsibility state liable for injuries
caused to foreign nationals
State A sues State B for injuries to Citizen A
Human rights
See chart
 F. Rights (contd)

Law of State International

Responsibility Human Rights
Law
Basis of a Any loss of property or Injuries defined
claim personal injury by treaty
Claimant State of injured national Injured national
Defendant Foreign state Any state
 G. Comparison of Municipal Legal
Systems
Romano-Germanic Civil Law System
Civil law: 1) the legal system derived from Roman and
Germanic practice and set out in national law codes, 2) as
distinguished from public law, the body of law dealing with
the rights of private citizens
French Civil Code
German Civil Code
Switzerland Civil System
Anglo-American Common Law System
Precedent
Equity
Islamic Law System