Page 30 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
P. 30

Politeknik Kota Bharu




                  1.5.3  INTERNATIONAL LAWS

                           Definition:  body of rules and principles governing the relations

                           of nations between each other. Since these rules could not be

                           enforced by any definite supranational (international) agency,

                           their  validity  has  long  depended  on  the  extent  to  which  any

                           particular  nation  chose  to  recognize  them.    Subdivided  into  3

                           categories:


                           a. Public International Law


                               ✓ Deals with relationship between states.

                               ✓ Example.  Border,  territorial  waters,  Law  of  sea,

                                  International criminal law, International humanitarian law

                                  etc.

                               ✓ Formed by international organization: UN, WHO, IMF, ILO


                          b.  Private International Law. (Conflict of Laws)


                               ✓ Private Law is the body of rights and duties of citizens of

                                  different sovereign states towards one another.

                               ✓ Also known as a ‘municipal law’ - every country may have

                                  its own version of law.  The rules will guide the judge when

                                  the law in more than one country affects a case (conflicts

                                  of law) - International arbitration.

                               ✓ Legal  issues  on:  -  Civil  or  human  rights,  Negligence,

                                  Contract,  not  only  between  a  government  and  its  own

                                  citizens but also in how its citizens are treated by other

                                  nations.


                          c.  Law of supranational organization


                               ✓ Example: European Union Law – enforce between them.




                                                                                                    18
   25   26   27   28   29   30   31   32   33   34   35