Tag Archives: law
Private International laws or Conflict of Laws?
Private International laws refers to the choice of law to apply where there are conflicts or disagreements in domestic law of different countries to private transactions. This dispute can be in reference to a dispute in the choice of law to apply, what jurisdiction applies, or the recognition of enforcement of a foreign judgment. Some areas of private international law involve trade, judicial assistance, matters involving families and children, finance and banking, arbitration and judgments, and wills trusts and estates. Another widely used term for private international laws is “Conflict of Laws.” What they basically are is a set of rules of strategically law which determine which legal system and the law of which jurisdiction applies to a given legal dispute. Both names are still used today, and even the name international private law, they refer to the same instance. Regardless of what you choose to call private international laws, there are steps into which they take effect. The first step of private international law is for the court to decide whether or not it has jurisdiction over the conflict, and whether it is the proper venue. After this comes the characterization of the … Continue reading
Public International laws: A general understanding.
Public International laws center mainly on the avocation of human rights and protection of the environment. However, they will also include other topics as well. Public international law deals with the structure and conduct of sovereign state, intergovernmental organizations, and analogous entities. In relation to the increase of armed conflict, environmental deterioration, global trade, awareness of human rights violations, a boom in global communications, and fast and large growth in international transportation, public international law has escalated greatly in importance. Aside from its focus on human rights, public international law has been known to focus as well on issues with due process protections, asylum law, nationality and citizenship, and rights of the child. Although its concentration is set on the environment and human rights, it can include these other areas. Public international law can be divided into two central branches: international agreements and conventions, and the law of nations. The term public international law, itself, was first conceived by Jeremy Bentham, a prominent English philosopher. The four main sources of public international law are: customs, international treaties, teachings, and general principles of law and judicial decisions. The groundwork and foundation for identifying states as principal actors in … Continue reading
The Search for the World’s best International Law Firms
International law firms exist in abundance all over the world, with every single one of them claiming to be the top one or the best one. The claims, some false and some true, need to be verified so an accurate decision can be made, and the best international law firms can be known. The problem with attempting to find out which ones make the cut is the different methods of ranking. Some web sites focus on ranking international law firms by their monetary ranking, given the revenue they brought in for a given year. Sure the amount of money they brought in from clients makes them reputable, but is that the main factor to consider. The international law firm that you want to represent you, your company, or whomever, should be one with a proven track record of wins. The firm should have a high ratio in wins to cases, so that you know their reputation of representation that precedes them is a strong one. Another way they are ranked is by pro bono participation, and average billable hours worked as well as diversity in demographics of their clients. Typing “best international law firm” or “top international … Continue reading
International Trade laws: the need for them past and present.
International trade law refers to the rules and customs for handling trade between two or more nations or between private companies across borders. It is a combination of national or domestic law and public international law that pertains to transactions for goods or services that cross national boundaries. In the last two decades, it has become one of the fastest emerging branches of international law. An important document in regards to international trade laws came after World War II, with the General Agreement on Tariffs and Trade (GATT). The GATT came into effect in 1947 and came to be due to the failure of negotiating governments to create the International Trade Organization .The GATT was in effect until 1994, until its replacement by a more modern and organized system. In 1995, the World Trade Organization was created, replacing the GATT, to regulate, supervise, and liberalize international trade. This was a crucial development in the history of international trade laws, and for international trade itself. The World Trade Organization supervises the trade between the nations involved, and sets a basis for negotiating and forming trade agreements. It also has a set dispute resolution process, to deal with issues … Continue reading
The Kyoto Protocol: Its Importance to International Environmental Law
The environment is one of, if not the most important and essential item to life on our planet. Protecting it and its survival is elemental. For many decades people have disregarded certain things in the environment such as the misuse of aerosol spray cans, or how much fuel they burned up by driving around aimlessly, and even not recycling objects when the opportunity was there. These actions along with the actions of companies and other culprits have led to the decay of our ozone layer, the very thing that protects us all. This is why certain international environmental laws were put into effect to protect the layer that protects us. Due to the disregard of certain international environmental laws, the planet has experienced a significant climate change. Because of this, governments have imposed large fines, penalties and sanctions for those who choose to violate these international environmental laws. With this, came the establishment of the Kyoto Protocol. The Kyoto Protocol is a protocol to the United Nations Framework Convention on Climate Change .It is a legally binding agreement under which industrialized countries will reduce their collective emissions of greenhouse gases by 5.2% . As per this agreement, 37 industrialized nations … Continue reading
Breaking the Law on an International Level
Breaking the law is bad enough when done by a person or group in general, but imagine the consequences when done on a much larger scale. International criminal law is a self-governing branch of law that applies to international crimes and the tribunals and courts created to bring justice where certain individuals have taken part in criminal activity on an international level. Some may wonder, “What constitutes breaking an international criminal law?” First, international criminal laws can be classified in two ways, by whether the “alleged crime” has been committed against an entire world community (international), or rather affecting the interests of more than one state (transnational). Some examples of an international crime would be genocide, war crimes, such that would threaten security and world order. Transnational crimes would be terrorism, drug trafficking, any type of trans border criminal activity. The biggest advocate in combating international crime has been the United Nations. They oversee and persecute those responsible for committing crimes of slavery, war crimes and crimes against humanity, terrorism, torture, apartheid, narcotic drugs, the taking of hostages, aircraft hijacking, and genocide. Some of these terms may seem broad in categorization, so let’s look into “war crimes” to gain a … Continue reading
Understanding International Human Rights Law
International human rights law organizes human rights in various international treaties. It pertains to the body of international laws which was specifically created to protect human rights an the international level. These international human rights laws can be administered at a regional, international, or domestic level. The United Nations General Assembly, in 1948, put into effect the Universal Declaration of Human Rights (UDHR). This document became the standard for international human rights laws, and has protected them since then. In addition to the UDHR, international treaties and agreements since it was endorsed have helped to further develop the body of international human rights law. This document along with the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights that were later passed, come together to form what has come to be known as the “International Bill of Human Rights.” Some other significant international treaties that were adopted universally are Convention on the Rights of Persons with Disabilities, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child, and Convention Against Torture and Other … Continue reading
International Business Law as a career.
Learning about international business law is not just something for an attorney. When people hear the term used, they believe it’s something that strictly pertains to a lawyer or a court. But if we think of law in general, and take away the part of “breaking” it, then there is no need for the court. International business law is simply the set of regulations and policies that are followed when involved in foreign transactions. These transactions can relate to import/export, or even trade. Therefore, if you’re not an attorney, chances are you may find a career in International Business Law, something right for you. Some professionals that may be interested in this career include financial managers, economists, international business professionals, business administrators, managers of international corporations, and of course the obvious, attorneys. The key to this career choice, or perhaps to continuing your education into this field, is to attain an understanding of foreign policy and the issues that could arise in international business transactions. International business law is a broad field, because once you gain a full understanding of the concept itself, then comes the part of focusing on your specific region. For example, if you’re working for an … Continue reading
Conducting International Law in today’s world.
International law is a set of laws and regulations that are set for nations to be able to broadcast order to their citizens and citizens of other nations. In turn, the international laws will apply to helping nations themselves communicate their efforts with other nations as a whole. Some international laws differ drastically from other nations’ laws, therefore must be taken seriously by outside visitors to a nation prior to entering. For example, there are laws in certain nations of the Middle East and Europe that prevent citizens from performing certain activities in public, that are quite normal in the United States. The lack of knowledge in international laws can result in someone ending up in jail for acting on something they believed to be perfectly normal. However, let’s look at the bigger picture here, the way to maintain peace throughout with a general agreement on international laws. It seems almost impossible to have a group of nations accept certain international laws and abide by them as w hole without disapproval, or protest. This is why the United Nations was created. The United Nations (UN) was created in a 1945 post war era, to bring together the world as a … Continue reading