1、法律知识导读（英文）第十二单元 International LawLead-in国际法是指适用主权国家之间以及其它具有国际人格的实体之间的法律规则的总体。国际法又称国际公法，以区别于国际私法或法律冲突，后者处理的是不同国家的国内法之间的差异。根据国际法院规约第38条之规定，国际法的渊源包括以下几个方面：条约、国际习惯法、一般法律原则、司法判例及学说等。至于国际法的法律依据，早期西方社会是不承认的，但目前国际法的法律地位已经得到了确认。然而，从实证的角度来考察，名义上国际法对国家具有约束力，但事实上国际社会缺乏有效制裁违法国家的手段。International Law -Internationa
2、l law is the set of rules generally regarded and accepted as binding in relations between states and between nations,primarily applicable to countries rather than to private citizens.HistoryExisted since the mid-19th century;Two sophisticated legal systems developed in the Western World:the codified
3、 systems of continental European states(American Civil Law)and English common law.In the 20th century,the two World Wars and the formation of the League of Nations accelerate this process and established modern public international law.After the failure of the Treaty of Versailles and World War II,t
4、he UN has also been the focus for the development of new advisory(non-binding)standards,such as the Universal Declaration of Human Rights.Other international norms and laws have been established through international agreements,including the Geneva Conventions,as well as by agreements implemented by
5、 other international organizations.Sources of international lawTreaties,international customs,and general principles;judicial decisions and scholarly writingsTypes of international law Public international law:Public international law(or international public law)governs the relationship between stat
6、es and international entities.It includes these legal fields:treaty law,law of sea,international criminal law,the laws of war or international humanitarian law and international human rights law.Norms of international law have their sources:1.custom,or customary international law.(consistent state p
7、ractice accompanied by opinio juris)2.globally accepted standards of behavior(peremptory norms known as jus cogens or ius cogens).3.codifications contained in conventional agreements,generally termed treaties.Private international law:Conflict of laws,often called private international law in civil
8、law jurisdictions,governs conflicts between private persons.Supranational law:Supranational law or the law of supranational organizations,concerns regional agreements.It is distinguished from public international law,because in supranational law,nations explicitly submit their right to make judicial
9、 decisions by treaty to a set of common tribunal.The United Nations Security Council and subordinate organizations such as the International Court of Justice are the only globally accepted supranational tribunals.Monism and Dualism in International Law “Monism”and“dualism”are used to describe two di
10、fferent theories of the relationship between international law and national law.Monists accept that the internal and international legal systems form a unity.Dualists emphasize the difference between national and international law,and require the translation of the latter into the former.ExamplesIn
11、UK,the dualist view is predominant.International law is only part of British national law once it is accepted in national law.The United States of America has a mixed monist-dualist system;international law applies directly in US courts.A matter of national legal tradition A monist state is less at
12、risk of violating international rules,because its judges can apply international law directly.Dualist states are in the risk of negligence or unwillingness to translate international law,or delays of translation,or misinterpretation of international law.Every state decides for itself,according to it
13、s legal traditions,determine monism or dualism.Words and Expressionssupranational 超国家的，多国的supranational law 超国家法tribunal 法庭；裁决 state sovereignty 国家主权the International Labor Organization 国际劳工组织the World Intellectual Property Organization 世界知识产权组织the International Telecommunication Union 国际电信联盟UNESCO=
14、the United Nations Educational,Scientific,and Cultural Organizaition 联合国教科文组织the World Trade Organization 世界贸易组织the International Monetary Fund 国际货币组织hierarchy 等级制度public international law 国际公法humanitarian 人道主义的 private international law/conflict of laws 国际私法UN General Assembly 联合国大会supply chain 供应链
15、NotesEuropean Court of Human Rights（欧洲人（欧洲人权法院）权法院）：The European Court of Human Rights is a supra-national or international court established by the European Convention on Human Rights.International Criminal Court（欧洲刑事法（欧洲刑事法院）：院）：The International Criminal Court(ICC or ICCt)is a permanent internati
16、onal tribunal to prosecute individuals for genocide,crimes against humanity,war crimes,and the crime of aggression (although jurisdiction for the crime of aggression will not be awakened until 2017 at the earliest).Geneva Conventions（日内瓦公约）：（日内瓦公约）：The Geneva Conventions comprise four treaties,and t
17、hree additional protocols,that establish the standards of international law for the humanitarian treatment of war.The Geneva Conventions extensively defined the basic,wartime rights of prisoners(civil and military);established protections for the wounded;and established protections for the civilians
18、 in and around a war-zone.customary international law(国际惯例法国际惯例法):Customary international law are those aspects of international law that derive from custom.General principles of law and treaties,custom,and customary international law are considered the primary sources of international law.the Leagu
19、e of Nations（国际联盟）：（国际联盟）：The League of Nations(LN)was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War.It was the first international organization whose principal mission was to maintain world peace.Treaty of Versailles（凡尔赛和约）（凡尔赛和约）
20、：The Treaty of Versailles was one of the peace treaties at the end of World War I.It ended the state of war between Germany and the Allied Powers.It was signed on 28 June 1919UN charter（联合国宪章）（联合国宪章）：The Charter of the United Nations is the foundational of UN.It was signed at the San Francisco War M
21、emorial and Performing Arts Center in San Francisco,United States,on 26 June 1945,by 50 of the 51 original member countries.(Poland,the other original member,which was not represented at the conference,signed it two months later.)Universal Declaration of Human Rights（世界人权宣言）（世界人权宣言）：The Declaration
22、arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled.International Court of Justice（国际法院）：（国际法院）：The International Court of Justice(ICJ),located in Hague,Netherlands,is the primary judicial o
23、rgan of the United Nations.Established in 1945,the Statute of the International Court of Justice,similar to that of its predecessor,is the main constitutional document constituting and regulating the Court.Statute of the International Court of Justice（国际法院规约）：（国际法院规约）：The Statute of the Internationa
24、l Court of Justice is an integral part of the United Nations Charter,as specified by Chapter XIV of the United Nations Charter,which established the International Court of Justice.Legal positivism(法律实证主义法律实证主义):Legal positivism is a school of thought of philosophy of law and jurisprudence,largely de
25、veloped by eighteenth and nineteenth-century legal thinkers such as Jeremy Bentham and John Austin.The most prominent figure in the history of legal positivism is H.L.A.Hart,whose work The Concept of Law caused a fundamental re-thinking of the positivist doctrine and its relationship with the other
26、principal theories of law.Pacta sunt servanda(有约必守有约必守):In its most common sense,the principle refers to private contracts,stressing that contained clauses are law between the parties,and implies that nonfulfilment of respective obligations is a breach of the pact.opinion juris(法律确信法律确信):Opinio juri
27、s(an opinion of law)is the belief that an action was carried out because it was a legal obligation,frequently used in legal proceedings such as a defense for a case.jus cogens(强制性规范强制性规范)：A peremptory norm(also called jus cogens or ius cogens,Latin for compelling law)is a fundamental principle of in
28、ternational law accepted by the international community of states as a norm from which no derogation is permitted.soft law(软法软法):soft law refers to quasi-legal instruments which do not have any legally binding force,or weaker than the binding force of traditional law,often contrasted with soft law b
29、y being referred to as hard law“.Traditionally,the term soft law is associated with international law.Words and Expressionstake precedence over 优先于predate 在日期上早于（先于）municipal law 国内法lex posterior 后法（lex posterior derogat priori 后法优于前法）invoke 求助于（法律）negligence 疏忽；渎职negligent 疏忽的；渎职的NotesInternational
30、 Covenant on Civil and Political Right(公民权利和政治权利国际公约):The International Covenant on Civil and Political Rights(ICCPR)is a multilateral treaty.It commits its parties to respect the civil and political rights of individuals,including the right to life,freedom of religion,freedom of speech,freedom of assembly,electoral rights and rights to due process and a fair trial.Act of Parliament(议会法案议会法案):An act of Parliament is a statute(commonly called a law)enacted as primary legislation by a national or sub-national parliament.
