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There is a distinction between public and private international law; the latter is concerned with whether national courts can claim jurisdiction over cases with a foreign element and the application of foreign judgments in domestic law, whereas public international law covers rules with an international origin. [6]
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
The Max Planck Encyclopedia of Public International Law (MPEPIL) is an online encyclopedia dealing with international law.It was published under the auspices of Professor Rüdiger Wolfrum, Director of the Max Planck Institute for Comparative Public Law and International Law until his successor Anne Peters became general editor in 2021. [1]
Jus inter gentes, is the body of treaties, U.N. conventions, and other international agreements. Originally a Roman law concept, it later became a major part of public international law. The other major part is jus gentium, the Law of Nations. [1] Jus inter gentes, literally, means "law between the peoples". [2]
List of international public law topics: This is a comprehensive list of pages dealing with public international law, i.e. those areas of law dealing with the United Nations System and the Law of Nations. It is being started as a sublist as it is a specialized area of law that often does not interact with general legal topics.
The translations had a large influence on the approval of modern international law in Asia. [7] Wheaton's was the first book to introduce international law to East Asia in full scale. [ 9 ] In listing Henry Wheaton among "prominent jurists of the nineteenth century," Antony Anghie comments on the "several editions" of Elements of International ...
In most so-called "monist" states, a distinction between international law in the form of treaties, and other international law, e.g., customary international law or jus cogens, is made; such states may thus be partly monist and partly dualist. In a pure monist state, international law does not need to be translated into national law.
The distinction between public and private law was first made by Roman jurist Ulpian, who argues in the Institutes (in a passage preserved by Justinian in the Digest) that "[p]ublic law is that which respects the establishment of the Roman commonwealth, private that which respects individuals' interests, some matters being of public and others of private interest."