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Presentation of International law

Made by : Khalimjonova Mokhlaroy


International Law Commission
The International Law Commission was established by the General Assembly in
1947 to promote the progressive development of international law and its
codification. The Commission is composed of 34 members who collectively
represent the world's principal legal systems, and serve as experts in their
individual capacity, not as representatives of their governments. They address
issues relevant to the regulation of relations among states, and frequently consult
with the International Committee of the Red Cross, the International Court of
Justice and UN specialized agencies, depending on the subject. Often, the
Commission also prepares drafts on aspects of international law.
Some topics are chosen by the Commission, others are referred to it by
the General Assembly. When the Commission completes work on a topic,
the General Assembly sometimes convenes an international conference of
plenipotentiaries to incorporate the draft into a convention. The convention
is then opened to states to become parties — meaning that such countries
formally agree to be bound by its provisions. Some of these conventions
form the very foundation of the law governing relations among states.
Examples include:

• Convention on the Non-navigational Uses of International Watercourses,


adopted by the General Assembly in 1997;
• Convention on the Law of Treaties between States and International
Organizations or between International Organizations, adopted at a
conference in Vienna in 1986;
• Convention on the Succession of States in Respect of State Property,
Archives and Debts, adopted at a conference in Vienna in 1983;
• Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents, adopted
by the General Assembly in 1973.
International humanitarian law
International humanitarian law encompasses the
principles and rules that regulate the means and methods
of warfare, as well as the humanitarian protection of
civilian populations, sick and wounded combatants, and
prisoners of war. Major instruments include the 1949
Geneva Convention for the Protection of War Victims and
two additional protocols concluded in 1977 under the
auspices of the International Committee of the Red Cross.

The United Nations has taken a leading role in efforts to


advance international humanitarian law. The Security
Council has become increasingly involved in protecting
civilians in armed conflict, promoting human rights and
protecting children in wars.
What are the 7 principles of international law?
Humanity, impartiality, neutrality, independence, voluntary
service, unity and universality: these seven Fundamental
Principles sum up the Movement's ethics and are at the core of
its approach to helping people in need during armed conflict,
natural disasters and other emergencies.
Public international law comprises a body of rules
which is concerned solely with the rights and
obligations of sovereign states. For example, the United
Nations Charter is a central instrument of public
international law.

Private international law, also referred to as ‘conflict


of laws’, consists of rules which govern relations
between private entities and defines which domestic
laws or courts are responsible for the adjudication of
issues with an international component. For example,
if a Chinese company was to sign a contract with the
United States, private international law would regulate
the applicable law if that contract was violated.
Relationship between domestic and international law
The relationship between domestic and international law on a procedural
level can be complex, particularly where a national court is applying
international law directly. It is important to remember that domestic law
cannot be used as a justification for a failure to meet an international
responsibility.

Sources of international law


The norms and rules of international law are codified in a range of treaties
and other materials. The main sources of international law are:

• Treaty law, such as the United Nations Charter and the Geneva
Conventions;
• Customary international law: established by state practice and legal
intention;
• General principles of law recognised by civilised nations: seen as an
inspiration rather than direct sources of the law, for example the
principles of estoppel and equity.
Subjects of international law
States are the primary subjects of international law. However, international
law can also regulate the actions of other entities, namely:
• international organisations;
• non-state actors (including national liberation movements and
individuals);
• international non-governmental organisations;
• multinational companies.

All of them are subjects of international law and can be considered having
legal personality. This means that they have both duties and rights under
international law.

Several branches of public international law uphold universal values


relating to human dignity. As tools for protection, they should be
considered as complementary and must be applied comprehensively. These
branches are: international humanitarian law, international refugee law,
international criminal law, and international human rights law.

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