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153-399: In international law , extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Extraterritoriality can also be partly applied to physical places. For example, such is

306-631: A national legal system and international law is complex and variable. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court . Treaties such as the Geneva Conventions require national law to conform to treaty provisions. National laws or constitutions may also provide for

459-507: A "general recognition" by states "whose interests are specially affected". The second element of the test, opinio juris, the belief of a party that a particular action is required by the law is referred to as the subjective element. The ICJ has stated in dictum in North Sea Continental Shelf that, "Not only must the acts concerned amount to a settled practice, but they must also be such, or be carried out in such

612-606: A Canadian engaging in sexual activity with a person above age of consent in a jurisdiction which is lower than Canada's, they will be prosecuted according to Canadian law. For example, in Poland where the age of consent is 15, were a Canadian adult to participate in such an activity, they would be prosecuted in Canadian law regardless of what local law says, for a crime committed outside Canadian jurisdiction. The same applies to China: restrictions on freedom of speech, such as criticism of

765-895: A UN agency with the mission of protecting employment rights which was established in 1919. The ILO has a constitution setting out a number of aims, including regulating work hours and labour supply, protecting workers and children and recognising equal pay and the right to free association, as well as the Declaration of Philadelphia of 1944, which re-defined the purpose of the ILO. The 1998 Declaration on Fundamental Principles and Rights at Work further binds ILO member states to recognise fundamental labour rights including free association, collective bargaining and eliminating forced labour, child labour and employment discrimination. The ILO have also created labour standards which are set out in their conventions and recommendations. Member states then have

918-548: A bilateral status of forces agreement. In maritime law , a ship in international waters is governed by the laws of the jurisdiction in which that ship is registered. This can be conceived of as a form of extraterritoriality, where a nation's jurisdiction extends beyond its border. During the 13th and 14th centuries, the Italian sea republics of Genoa , Venice and Pisa obtained extraterritoriality for their merchants who operated in designated quarters ( Pera and Galata ) in

1071-403: A dispute, determining if a domestic court has jurisdiction and determining whether foreign judgments can be enforced . The first question relates to whether the domestic court or a foreign court is best placed to decide the case. When determining the national law that should apply, the lex causae is the law that has been chosen to govern the case, which is generally foreign, and the lexi fori

1224-598: A formal distinction between criminal and civil law. While efforts at legal reform were pursued in earnest in the last decade of the Qing dynasty, what was actually achieved failed to meaningfully address this lack of law in the areas of contracts, trade, or commerce. After the collapse of the Chinese government in 1911 and the ensuing administrative vacuum, the Chinese members of the Mixed Court were subsequently appointed by

1377-487: A letter to his cousin dated 6 September 1860. Unequal treaties were later signed with 12 other European powers and with Japan. Extraterritoriality came to end in 1917 with respect to the German Empire and Austria-Hungary . In 1925–1926, the treaties were revised to provide for consular jurisdiction to be terminated, and nationals of the parties to the treaty were to come under the jurisdiction of Thai courts after

1530-582: A local judgment between the same parties. On a global level, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards was introduced in 1958 to internationalise the enforcement of arbitral awards , although it does not have jurisdiction over court judgments. A state must prove that it has jurisdiction before it can exercise its legal authority. This concept can be divided between prescriptive jurisdiction, which

1683-460: A long-standing legal edifice". Jurisdiction in Qing China , with differential treatment for Han and Manchu subjects, was not determined by geography, but rather, by the identity of the subjects. For example, the ruling Manchu elite possessed legal privileges which placed them outside the jurisdiction of local ethnically Chinese administrators. Before the 1842 Treaty of Nanking , which ended

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1836-496: A multilateral treaty. Where a treaty does not have provisions allowing for termination or withdrawal, such as the Genocide Convention, it is prohibited unless the right was implied into the treaty or the parties had intended to allow for it. A treaty can also be held invalid, including where parties act ultra vires or negligently, where execution has been obtained through fraudulent, corrupt or forceful means, or where

1989-613: A number of countries began to distinguish between acta jure gestionis , commercial actions, and acta jure imperii , government actions; the restrictive theory of immunity said states were immune where they were acting in a governmental capacity but not a commercial one. The European Convention on State Immunity in 1972 and the UN Convention on Jurisdictional Immunities of States and their Property attempt to restrict immunity in accordance with customary law. Historically individuals have not been seen as entities in international law, as

2142-795: A number of treaties focused on environmental protection were ratified, including the Declaration of the United Nations Conference on the Human Environment of 1972, the World Charter for Nature of 1982, and the Vienna Convention for the Protection of the Ozone Layer of 1985. States generally agreed to co-operate with each other in relation to environmental law, as codified by principle 24 of

2295-433: A particular legal circumstance. Historically the comity theory has been used although the definition is unclear, sometimes referring to reciprocity and sometimes being used as a synonym for private international law. Story distinguished it from "any absolute paramount obligation, superseding all discretion on the subject". There are three aspects to conflict of laws – determining which domestic court has jurisdiction over

2448-610: A range of entities, including the Church , mercantile city-states, and kingdoms, most of which had overlapping and ever-changing jurisdictions. As in China and India, these divisions prompted the development of rules aimed at providing stable and predictable relations. Early examples include canon law , which governed ecclesiastical institutions and clergy throughout Europe; the lex mercatoria ("merchant law"), which concerned trade and commerce; and various codes of maritime law , such as

2601-637: A special status. The rules in a treaty can only be considered national law if the contents of the treaty have been enacted first. An example is the United Kingdom; after the country ratified the European Convention on Human Rights , the convention was only considered to have the force of law in national law after Parliament passed the Human Rights Act 1998 . In practice, the division of countries between monism and dualism

2754-435: A starting point but does not recognise that organisations can have no separate personality but nevertheless function as an international organisation. The UN Economic and Social Council has emphasised a split between inter-government organisations (IGOs), which are created by inter-governmental agreements, and international non-governmental organisations (INGOs). All international organisations have members; generally this

2907-546: A state and res communis which is territory that cannot be acquired by a state. There have historically been five methods of acquiring territorial sovereignty , reflecting Roman property law: occupation, accretion, cession , conquest and prescription . The law of the sea is the area of international law concerning the principles and rules by which states and other entities interact in maritime matters. It encompasses areas and issues such as navigational rights, sea mineral rights, and coastal waters jurisdiction. The law of

3060-400: A state and, separately, it may recognise that nation's government as being legitimate and capable of representing the state on the international stage. There are two theories on recognition; the declaratory theory sees recognition as commenting on a current state of law which has been separately satisfied whereas the constitutive theory states that recognition by other states determines whether

3213-431: A state can be considered to have legal personality. States can be recognised explicitly through a released statement or tacitly through conducting official relations, although some countries have formally interacted without conferring recognition. Throughout the 19th century and the majority of the 20th century, states were protected by absolute immunity, so they could not face criminal prosecution for any actions. However

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3366-563: A stipulation which became a most favored nation article. Around 1535 a capitulation was made by Suleiman the Magnificent regarding France. These treaties facilitated the entry of European finished goods into Ottoman markets, granting certain tax and tariff privileges to European merchants, and even some extraterritorial legal rights to allow the French consul to exercise jurisdiction over disputes arising with French merchants instead of

3519-543: A tendency in the Qing legal order to impose collective responsibility; they were also resentful of the Qing practice of meting out capital punishment in cases of accidental manslaughter". After the Lady Hughes Affair – a controversial 1784 case where a British gunner was executed for killing two Chinese subjects – East India Company officials generally spirited away Britons before Qing officials could react. Grants of extraterritoriality were regular in China. In

3672-414: A treaty "shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose". This represents a compromise between three theories of interpretation: the textual approach which looks to the ordinary meaning of the text, the subjective approach which considers factors such as the drafters' intention, and

3825-504: A way, as to be evidence of a belief that this practice is rendered obligatory by the existence of a rule of law requiring it". A committee of the International Law Association has argued that there is a general presumption of an opinio juris where state practice is proven but it may be necessary if the practice suggests that the states did not believe it was creating a precedent. The test in these circumstances

3978-465: Is also able to issue a conditional declaration stating that it will consent to a given treaty only on the condition of a particular provision or interpretation. Article 54 of the VCLT provides that either party may terminate or withdraw from a treaty in accordance with its terms or at any time with the consent of the other party, with 'termination' applying to a bilateral treaty and 'withdrawal' applying to

4131-600: Is claiming rights under refugee law but as, argued by the political theorist Hannah Arendt , human rights are often tied to someone's nationality. The European Court of Human Rights allows individuals to petition the court where their rights have been violated and national courts have not intervened and the Inter-American Court of Human Rights and the African Court on Human and Peoples' Rights have similar powers. Traditionally, sovereign states and

4284-452: Is considered the seminal event in international law. The resulting Westphalian sovereignty is said to have established the current international legal order characterised by independent nation states , which have equal sovereignty regardless of their size and power, defined primarily by non-interference in the domestic affairs of sovereign states, although historians have challenged this narrative. The idea of nationalism further solidified

4437-629: Is defined under Article 1 of the Montevideo Convention on the Rights and Duties of States as a legal person with a permanent population, a defined territory, government and capacity to enter relations with other states. There is no requirement on population size, allowing micro-states such as San Marino and Monaco to be admitted to the UN, and no requirement of fully defined boundaries, allowing Israel to be admitted despite border disputes . There

4590-407: Is no academic consensus about what is included within this scope. They are considered to be derived from both national and international legal systems, although including the latter category has led to debate about potential cross-over with international customary law. The relationship of general principles to treaties or custom has generally been considered to be "fill[ing] the gaps" although there

4743-803: Is no universally accepted authority to enforce it upon sovereign states . States and non-state actors may choose to not abide by international law, and even to breach a treaty but such violations, particularly of peremptory norms , can be met with disapproval by others and in some cases coercive action ranging from diplomatic and economic sanctions to war. The sources of international law include international custom (general state practice accepted as law), treaties , and general principles of law recognised by most national legal systems. Although international law may also be reflected in international comity —the practices adopted by states to maintain good relations and mutual recognition—such traditions are not legally binding . The relationship and interaction between

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4896-591: Is often more complicated; countries following both approaches may accept peremptory norms as being automatically binding and they may approach treaties, particularly later amendments or clarifications, differently than they would approach customary law. Many countries with older or unwritten constitutions do not have explicit provision for international law in their domestic system and there has been an upswing in support for monism principles in relation to human rights and humanitarian law, as most principles governing these concepts can be found in international law. A state

5049-627: Is restricted to states, although it can include other international organisations. Sometimes non-members will be allowed to participate in meetings as observers. The Yearbook of International Organizations sets out a list of international organisations, which include the UN, the WTO, the World Bank and the IMF. Generally organisations consist of a plenary organ, where member states can be represented and heard; an executive organ, to decide matters within

5202-539: Is still no conclusion about their exact relationship in the absence of a hierarchy. A treaty is defined in Article 2 of the Vienna Convention on the Law of Treaties (VCLT) as "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation". The definition specifies that

5355-471: Is the territorial principle , which states that a nation has jurisdiction over actions which occur within its territorial boundaries. The second is the nationality principle , also known as the active personality principle, whereby a nation has jurisdiction over actions committed by its nationals regardless of where they occur. The third is the passive personality principle, which gives a country jurisdiction over any actions which harm its nationals. The fourth

5508-578: Is the authority of a legislature to enact legislation on a particular issue, and adjudicative jurisdiction, which is the authority of a court to hear a particular case. This aspect of private international law should first be resolved by reference to domestic law, which may incorporate international treaties or other supranational legal concepts, although there are consistent international norms. There are five forms of jurisdiction which are consistently recognised in international law; an individual or act can be subject to multiple forms of jurisdiction. The first

5661-444: Is the national law of the court making the determination. Some examples are lex domicilii , the law of the domicile, and les patriae , the law of the nationality. The rules which are applied to conflict of laws will vary depending on the national system determining the question. There have been attempts to codify an international standard to unify the rules so differences in national law cannot lead to inconsistencies, such as through

5814-467: Is the protective principle, where a nation has jurisdiction in relation to threats to its "fundamental national interests". The final form is universal jurisdiction , where a country has jurisdiction over certain acts based on the nature of the crime itself. Following World War II, the modern system for international human rights was developed to make states responsible for their human rights violations. The UN Economic and Security Council established

5967-428: Is whether opinio juris can be proven by the states' failure to protest. Other academics believe that intention to create customary law can be shown by states including the principle in multiple bilateral and multilateral treaties, so that treaty law is necessary to form customs. The adoption of the VCLT in 1969 established the concept of jus cogens , or peremptory norms, which are "a norm accepted and recognized by

6120-496: Is widely regarded as the father of international law, being one of the first scholars to articulate an international order that consists of a "society of states" governed not by force or warfare but by actual laws, mutual agreements, and customs. Grotius secularised international law; his 1625 work, De Jure Belli ac Pacis , laid down a system of principles of natural law that bind all nations regardless of local custom or law. He inspired two nascent schools of international law,

6273-537: The "Uniting for Peace" resolution of 3 November 1950, which allowed the organ to pass recommendations to authorize the use of force. This resolution also led to the practice of UN peacekeeping , which has been notably been used in East Timor and Kosovo . There are more than one hundred international courts in the global community, although states have generally been reluctant to allow their sovereignty to be limited in this way. The first known international court

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6426-632: The Allied Forces Ordinance, 1942 and the members of the United States Armed Forces were entirely governed by their own laws, even in criminal cases. Historically, the United States has had extraterritoriality agreements with 15 nations with non-Western legal systems: Algeria , Borneo , China, Egypt, Iran, Japan, South Korea, Libya , Madagascar , Morocco, Samoa , Tanzania , Thailand , Tunisia , and

6579-1059: The American Battle Monuments Commission . These are located in Belgium , Cuba , France , Gibraltar , Italy , Luxembourg , Mexico , Morocco , the Netherlands , Panama , Papua New Guinea , the Philippines , the Solomon Islands , Tunisia , and the United Kingdom . The most popular site among these is the Normandy American Cemetery and Memorial in France. Land under the Canadian National Vimy Memorial and surrounding 100 hectares

6732-662: The British Court for Japan in 1879. In 1887, only 2,389 non-Chinese foreigners lived in Japan, with strict limitations on freedom of movement . These limitations meant that foreigners in Japan were not able to commit crime with impunity, in contrast with China, where foreigners were granted the ability to travel to the interior after passporting. Rather, it was in the context of the Japanese state's desire to eliminate all competing jurisdictions and calls for legal reform based on

6885-647: The British Supreme Court for China . Similar courts were established for treaty countries, e.g. the United States Court for China . These had jurisdiction over the concession areas, which formally remained under Qing sovereignty. Initially, Chinese people who committed crimes in, say, the British zone, were remanded to Chinese authorities. By the early 20th century, some Western powers were willing to relinquish extraterritorial rights given

7038-632: The Chinese Communist Party , will be prosecuted according to Chinese law when that person steps foot on Chinese soil, regardless if said comments were made by a student in London or Vancouver. In some military and commercial agreements, nations cede legal jurisdiction for foreign bases or ports to other countries. For example, Japan cedes jurisdiction over American military bases on its soil in Okinawa to US military tribunals pursuant to

7191-793: The EFTA Court and the Court of Justice of the Andean Community . Interstate arbitration can also be used to resolve disputes between states, leading in 1899 to the creation of the Permanent Court of Arbitration which facilitates the process by maintaining a list of arbitrators. This process was used in the Island of Palmas case and to resolve disputes during the Eritrean-Ethiopian war . The ICJ operates as one of

7344-543: The First Opium War , foreign merchants were not satisfied with the state of the Qing legal system. Prior to the Treaty, British Merchants were only able to trade in the region of Canton, exclusively with Chinese Merchants called Cohongs. The Chinese Merchants benefitted significantly out of the deal, contributing to the British dissatisfaction with the Chinese. British merchants were "suspicious of what they regarded as

7497-471: The Hague and Geneva Conventions , the first of which was passed in 1864. Colonial expansion by European powers reached its peak in the late 19th century and its influence began to wane following the unprecedented bloodshed of World War I , which spurred the creation of international organisations. Right of conquest was generally recognized as international law before World War II . The League of Nations

7650-625: The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters and the Brussels Regulations . These treaties codified practice on the enforcement of international judgments, stating that a foreign judgment would be automatically recognised and enforceable where required in the jurisdiction where the party resides, unless the judgement was contrary to public order or conflicted with

7803-464: The Hobbesian notion that the state of nature was one of war and conflict, arguing that the natural state of the world is actually peaceful but weak and uncertain without adherence to the law of nations. The actions of a state consist of nothing more than the sum of the individuals within that state, thereby requiring the state to apply a fundamental law of reason, which is the basis of natural law. He

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7956-715: The Holy See were the sole subjects of international law. With the proliferation of international organisations over the last century, they have also been recognised as relevant parties. One definition of international organisations comes from the ILC's 2011 Draft Articles on the Responsibility of International Organizations which in Article 2(a) states that it is "an organization established by treaty or other instrument governed by international law and possessing its own international legal personality". This definition functions as

8109-465: The Indian subcontinent was divided into various states, which over time developed rules of neutrality, treaty law , and international conduct, and established both temporary and permanent embassies . Following the collapse of the western Roman Empire in the fifth century CE, Europe fragmented into numerous often-warring states for much of the next five centuries. Political power was dispersed across

8262-682: The International Bank for Reconstruction and Development (World Bank) to the World Health Organization furthered the development of a multilateralist approach as states chose to compromise on sovereignty to benefit from international cooperation. Since the 1980s, there has been an increasing focus on the phenomenon of globalisation and on protecting human rights on the global scale, particularly when minorities or indigenous communities are involved, as concerns are raised that globalisation may be increasing inequality in

8415-747: The International Covenant on Economic, Social and Cultural Rights (ICESCR). These two documents along with the UDHR are considered the International Bill of Human Rights . Non-domestic human rights enforcement operates at both the international and regional levels. Established in 1993, the Office of the UN High Commissioner for Human Rights supervises Charter-based and treaty-based procedures. The former are based on

8568-515: The John F. Kennedy Memorial at Runnymede , England, was given to the United States by the United Kingdom, but required an Act of Parliament (the John F. Kennedy Memorial Act 1964 ) to do so, because the land was part of the Crown Estate , which cannot otherwise be given away for free. Another example of these types of special concessions are the numerous cemeteries and monuments administered by

8721-488: The Nine-Power Treaty was signed which expressed the willingness of the parties to end extraterritoriality in China once a competent legal system was established by China. As a result, a commission was established in 1926 that published a detailed report which contained its findings and recommendations for the Chinese legal system. Extraterritoriality in China for non-diplomatic personnel ended at various times in

8874-721: The Ottoman Empire . Americans in the military or civilians working on American military bases overseas generally have extraterritoriality, so they can only be tried by the U.S. military. This is regulated by a status of forces agreement . Princess Margriet of the Netherlands was born on 19 January 1943 in Ottawa Civic Hospital in Ottawa, Ontario, as the family had been living in Canada since June 1940 after

9027-525: The PRC government claims the right, under article 10 of its criminal code, to prosecute Chinese citizens for crimes against the criminal code which are committed abroad, even if already punished for the crime. These emerge from significant claims of the importance of national sovereignty, a reaction to its abridgement in the past, where almost no nations emphasise the importance of their sovereignty more than China does today. Japan recognized extraterritoriality in

9180-602: The Rio Declaration of 1972. Despite these, and other, multilateral environmental agreements covering specific issues, there is no overarching policy on international environmental protection or one specific international organisation, with the exception of the UN Environmental Programme . Instead, a general treaty setting out the framework for tackling an issue has then been supplemented by more specific protocols. Climate change has been one of

9333-430: The Rolls of Oléron — aimed at regulating shipping in North-western Europe — and the later Laws of Wisby , enacted among the commercial Hanseatic League of northern Europe and the Baltic region . In the Islamic world , Muhammad al-Shaybani published Al-Siyar Al-Kabīr in the eighth century, which served as a fundamental reference work for siyar , a subset of Sharia law , which governed foreign relations. This

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9486-419: The Treaty of Shimonoseki after the First Sino-Japanese War , China gave up its extraterritorial rights in Japan, without reciprocity. By far the most important of the treaty ports established after 1842 was Shanghai, where the vague extraterritoriality provisions of the various treaties were most sophisticatedly implemented. The two main courts judging extraterritorial cases were the Shanghai Mixed Court and

9639-432: The UN Commission on Human Rights in 1946, which developed the Universal Declaration of Human Rights (UDHR), which established non-binding international human rights standards, for work, standards of living, housing and education, non-discrimination, a fair trial and prohibition of torture. Two further human rights treaties were adopted by the UN in 1966, the International Covenant on Civil and Political Rights (ICCPR) and

9792-517: The occupation of the Netherlands by Nazi Germany . The maternity ward of Ottawa Civic Hospital in which Princess Margriet was born was temporarily declared to be extraterritorial by the Canadian government. Making the maternity ward outside of the Canadian domain caused it to be unaffiliated with any jurisdiction and technically international territory . This was done to ensure that the newborn would derive her citizenship from her mother only, thus making her solely Dutch, which could be very important had

9945-458: The "law of nations", which unlike its eponymous Roman predecessor, applied natural law to relations between states. In Islam, a similar framework was developed wherein the law of nations was derived, in part, from the principles and rules set forth in treaties with non-Muslims. The 15th century witnessed a confluence of factors that contributed to an accelerated development of international law. Italian jurist Bartolus de Saxoferrato (1313–1357)

10098-422: The 1830s, when the Qing government concluded a treaty with the Uzbek khanate of Khoqand, it granted extraterritorial privileges to its traders. And in dealing with foreign merchants through the centuries, the Qing government rarely attempted to impose jurisdiction based on territorial sovereignty, instead entrusting the punishment of foreigners to the respective authority in practically all cases except homicide. At

10251-443: The 20th century. Germany and Austria-Hungary lost their rights in China in 1917 after China declared war on them. The Soviet Union made secret agreements that kept its rights until 1960, although it publicly falsely stated that it gave them up in 1924. In 1937, the status of the various foreign powers was thus: In 1929 the Nationalist government announced its goal of ending extraterritoriality completely. Negotiations with Britain,

10404-414: The Byzantine capital, Constantinople , as well as in Egypt and the Barbary states. A series of capitulations were made in the form of treaties between the Sublime Porte and Western nations, from the sixteenth through the early nineteenth centuries. The legal impenetrability of the Ottoman legal code created during the Tanzimat era began to weaken continuously through the spread of European empires and

10557-450: The Chinese authorities according to the laws of China, and citizens of the United states who may commit any crime in China shall be subject to be tried and punished only by the Consul or other public functionary of the United States thereto authorised according to the laws of the United States. The Wanghia treaty included an exception for American trading in opium and also subjected American ships trading outside treaty ports to confiscation by

10710-408: The Chinese government in articles 33 and 3. Similarly, the French also pursued protections in the Treaty of Huangpu , which further introduced a distinction between criminal and civil jurisdiction (non-existent in Qing dynasty law) and gave Frenchmen the full protections of Chinese law outside concessionary areas. The 1858 Sino-British Treaty of Tientsin , which ended the Second Opium War , expanded

10863-403: The Chinese interior. Under imperial edict earlier in the year, these privileges were extended to most western countries. Other nations wanted reassurances and guarantees. For example, the United States negotiated the 1844 Treaty of Wanghia , which stated in article 21: Subjects of China who may be guilty of any criminal act towards citizens of the United States shall be arrested and punished by

11016-592: The European powers by the Ottoman Empire. In the first instance capitulations were granted separately to each Christian state, beginning with the Genoese in 1453, which entered into peaceful relations with the Ottoman Empire. Afterwards new capitulations were obtained which summed up in one document earlier concessions, and added to them in general terms whatever had been conceded to one or more other states;

11169-591: The French and applied them to the entire empire. The Ottoman-French Treaty of 1740 marked the apogee of French influence in the Ottoman Empire in the eighteenth century. In the following years the French had an unchallenged position in Levant trade and in transportation between Ottoman ports. Near contemporary Ottoman capitulations to European powers such as Britain and Holland (1737), the Kingdom of Naples (1740), Denmark (1756), and Prussia (1761) were to offset and balance

11322-740: The Greek concept of natural law , the Romans conceived of jus gentium as being universal. However, in contrast to modern international law, the Roman law of nations applied to relations with and between foreign individuals rather than among political units such as states. Beginning with the Spring and Autumn period of the eighth century BCE, China was divided into numerous states that were often at war with each other. Rules for diplomacy and treaty-making emerged, including notions regarding just grounds for war ,

11475-466: The ICJ has set a high bar for enforcement in the cases of Anglo-Norwegian Fisheries and North Sea Continental Shelf . There has been legal debate on this topic with the only prominent view on the length of time necessary to establish custom explained by Humphrey Waldock as varying "according to the nature of the case". The practice is not required to be followed universally by states, but there must be

11628-487: The Ottoman Empire were contracts between the Ottoman Empire and several other Christian powers, particularly France . Turkish capitulations , or Ahidnâmes were generally bilateral acts whereby definite arrangements were entered into by each contracting party towards the other, not mere concessions. The Turkish capitulations were grants made by successive sultans to Christian nations , conferring rights and privileges in favour of their subjects resident or trading in

11781-666: The Ottoman dominions, following the policy towards European states of the Byzantine Empire . According to these capitulations traders entering the Ottoman Empire were exempt from local prosecution, local taxation, local conscription, and the searching of their domicile. The capitulations were initially made during the Ottoman Empire's military dominance, to entice and encourage commercial exchange with Western merchants. However, after military dominance shifted to Europe, significant economic and political advantages were granted to

11934-573: The UDHR was drafted, although many countries in the Global South have led the development of human rights on the global stage in the intervening decades. International labour law is generally defined as "the substantive rules of law established at the international level and the procedural rules relating to their adoption and implementation". It operates primarily through the International Labor Organization (ILO),

12087-593: The UN Charter and operate under the UN Human Rights Council , where each global region is represented by elected member states. The Council is responsible for Universal Periodic Review , which requires each UN member state to review its human rights compliance every four years, and for special procedures, including the appointment of special rapporteurs , independent experts and working groups. The treaty-based procedure allows individuals to rely on

12240-444: The UN Charter or international treaties, although in practice there are no relevant matters in the UN Charter. The ICJ may also be asked by an international organisation to provide an advisory opinion on a legal question, which are generally considered non-binding but authoritative. Conflict of laws , also known as private international law, was originally concerned with choice of law , determining which nation's laws should govern

12393-540: The Western powers, placing all inhabitants of the international settlement under de facto foreign jurisdiction. The success of the Northern Expedition in strengthening the authority of the Chinese republic in the mid-1920s led many governments to give up their more minor treaty ports without a fight. However, the treaty powers were unwilling to give up Shanghai, or their privileges within it, which remained

12546-559: The capitulations as part of diplomatic maneuverings with Germany and the United Kingdom as to whether the Ottoman Empire would enter World War I . This action prompted a joint protest from the German, Austro-Hungarian, British, French, and Russian ambassadors. The decision was put into effect in early October. As far as Turkey is concerned, the capitulations were abolished by the Treaty of Lausanne (1923), specifically by Article 28: Each of

12699-636: The capitulations granted to France in 1740. Capitulations signified that which was arranged under distinct headings; the Ottoman Turkish phrase was ahid nameh ( عهيد نامه ), whereas a "treaty" was mouahede ( معاهده ). The latter did, and the former did not, signify a reciprocal engagement. According to capitulations, and treaties confirmatory of them, made between the Porte and other states, foreigners resident in Turkey were subject to

12852-630: The child been male, and as such, the heir of Princess Juliana. The most famous cases of extraterritoriality in East Asia are those of 19th century China, Japan, and Siam, emerging from what is termed the " unequal treaties ". The practice of extraterritoriality, however, was not confined to the 19th century or these nations, as the monarchs and governments of pre-modern East Asia primarily claimed sovereignty over people rather than tracts of land. The creation of extraterritoriality for treaty nations "was not introduced into East Asia ex novo , but built atop

13005-627: The choice as to whether or not to ratify and implement these standards. The secretariat of the ILO is the International Labour Office, which can be consulted by states to determine the meaning of a convention, which forms the ILO's case law. Although the Right to Organise Convention does not provide an explicit right to strike, this has been interpreted into the treaty through case law. The UN does not specifically focus on international labour law, although some of its treaties cover

13158-457: The common consent of these states" and this definition has been largely adopted by international legal scholars. 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. The difference between

13311-617: The competence of the organisation; and an administrative organ, to execute the decisions of the other organs and handle secretarial duties. International organisations will typically provide for their privileges and immunity in relation to its member states in their constitutional documents or in multilateral agreements, such as the Convention on the Privileges and Immunities of the United Nations . These organisations also have

13464-452: The concept and formation of nation-states. Elements of the naturalist and positivist schools were synthesised, notably by German philosopher Christian Wolff (1679–1754) and Swiss jurist Emer de Vattel (1714–1767), both of whom sought a middle-ground approach. During the 18th century, the positivist tradition gained broader acceptance, although the concept of natural rights remained influential in international politics, particularly through

13617-533: The conduct of warfare during the American Civil War , and is noted for codifying rules and articles of war adhered to by nations across the world, including the United Kingdom, Prussia, Serbia and Argentina. In the years that followed, numerous other treaties and bodies were created to regulate the conduct of states towards one another, including the Permanent Court of Arbitration in 1899, and

13770-486: The determination of rules of law". It was originally considered that the arrangement of the sources sequentially would suggest an implicit hierarchy of sources; however, the statute does not provide for a hierarchy and other academics have argued that therefore the sources must be equivalent. General principles of law have been defined in the Statute as "general principles of law recognized by civilized nations" but there

13923-408: The efficiency of the procedures themselves. Legal territory can be divided into four categories. There is territorial sovereignty which covers land and territorial sea, including the airspace above it and the subsoil below it, territory outside the sovereignty of any state, res nullius which is not yet within territorial sovereignty but is territory that is legally capable of being acquired by

14076-436: The exception of states who have been persistent objectors during the process of the custom being formed and special or local forms of customary law. The requirement for state practice relates to the practice, either through action or failure to act, of states in relation to other states or international organisations. There is no legal requirement for state practice to be uniform or for the practice to be long-running, although

14229-583: The focus was on the relationship between states. As human rights have become more important on the global stage, being codified by the UN General Assembly (UNGA) in the Universal Declaration of Human Rights in 1948, individuals have been given the power to defend their rights to judicial bodies. International law is largely silent on the issue of nationality law with the exception of cases of dual nationality or where someone

14382-509: The framework of a territorial jurisdiction, to certain persons being under the laws of countries in which they did not reside. Extraterritoriality, in this sense, emerges from the interaction of these two conceptions of jurisdiction, personal and territorial, when laws are applied based on who a person is rather than where they are. Extraterritoriality can now take various forms. Most famous are examples of diplomatic extraterritoriality, where diplomats and their belongings do not operate under

14535-779: The great powers to institute and organize their own legal structures to represent their citizens abroad. The capitulations ceased to have effect in Turkey in 1923, by virtue of the Treaty of Lausanne , and in Egypt they were abolished by the Montreux Convention in 1949. During the Second World War , the military personnel of the Allied forces within the British Raj were governed by their own military codes by

14688-606: The immunity granted to diplomatic missions , military bases of foreign countries, or offices of the United Nations . The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state and government , the persons and belongings of ambassadors and other diplomats , and ships in international waters . In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction . As people move between borders, this led, in

14841-751: The implementation or integration of international legal obligations into domestic law. The modern term "international law" was originally coined by Jeremy Bentham in his 1789 book Introduction to the Principles of Morals and Legislation to replace the older law of nations, a direct translation of the late medieval concepts of ius gentium , used by Hugo Grotius , and droits des gens , used by Emer de Vattel . The definition of international law has been debated; Bentham referred specifically to relationships between states which has been criticised for its narrow scope. Lassa Oppenheim defined it in his treatise as "a law between sovereign and equal states based on

14994-518: The improved state of Chinese legal reform. For example, the 1902 Sino-British " Mackay treaty " 's article 12 read: China having expressed a strong desire to reform her judicial system ... [the United Kingdom] will ... be pretreated to relinquish her extra-territorial rights when she is satisfied that the state of the Chinese laws, the arrangement for her administration, and other considerations warrant her in so doing. Qing law did not make

15147-428: The international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character". Where customary or treaty law conflicts with a peremptory norm, it will be considered invalid, but there is no agreed definition of jus cogens . Academics have debated what principles are considered peremptory norms but

15300-574: The international legal system. The sources of international law applied by the community of nations are listed in Article 38(1) of the Statute of the International Court of Justice , which is considered authoritative in this regard. These categories are, in order, international treaties , customary international law , general legal principles and judicial decisions and the teachings of prominent legal scholars as "a subsidiary means for

15453-563: The introduction of all Thai legal codes and a period of 5 years thereafter. By 1930, extraterritoriality was in effect no longer in force. After absolute monarchy was replaced by constitutional monarchy in the bloodless Siamese revolution of 1932 , the constitutional government promulgated a set of legal codes, setting the stage for new treaties signed in 1937–1938 which canceled extraterritorial rights completely. Contrary to popular belief, diplomatic missions do not generally enjoy full extraterritorial status and are not sovereign territory of

15606-506: The law of war and towards the domains such as the law of the sea and commercial treaties. The positivist school grew more popular as it reflected accepted views of state sovereignty and was consistent with the empiricist approach to philosophy that was then gaining acceptance in Europe. The developments of the 17th century culminated at the conclusion of the Peace of Westphalia in 1648, which

15759-487: The laws of their host nations, but rather, under the laws of the diplomat's nation. Similarly, many nations claim the right to prosecute foreign combatants and violators of human rights under doctrines of universal jurisdiction , irrespective of the nationality of those persons or the place in which the alleged crimes occurred. This extends to domestic criminal codes as well: for example, the People's Republic of China claims

15912-504: The laws of their respective countries. Thus, although the Turkish capitulations were not in themselves treaties, yet by subsequent confirmation they acquired the force of commercial durable instead of personal nature; the conversion of permissive into perfect rights; questions as to contraband and neutral trade stated in definite terms. On 8 September 1914, the Ottoman Empire's ruling Committee of Union and Progress unilaterally abrogated

16065-443: The laws of war and treaties. Francisco de Vitoria (1486–1546), who was concerned with the treatment of indigenous peoples by Spain, invoked the law of nations as a basis for their innate dignity and rights, articulating an early version of sovereign equality between peoples. Francisco Suárez (1548–1617) emphasised that international law was founded upon natural law and human positive law. Dutch jurist Hugo Grotius (1583–1645)

16218-698: The local Islamic Sharia courts. These treaties were generally not disadvantagous to the Ottoman Empire while the Ottomans retained a superior military advantage. France signed its first treaty of Capitulations with the Mamluk Sultanate in Cairo in 1500, during the rule of Louis XII . After the Turks conquered Egypt in the Ottoman–Mamluk War (1516–1517) , the Ottomans upheld the capitulations to

16371-486: The main holder of such rights, went slowly. They ended with the Japanese invasion of 1937 when Japan seized Shanghai and the main treaty ports where extraterritoriality was in operation. When both countries declared war on Japan in late 1941, they became formal allies of China and made ending extraterritoriality an urgent goal which both the U.S. and Britain fulfilled with the treaties they signed with China in 1943. The legacy of this for jurisdictional control continues to

16524-469: The models of those jurisdictions that Japan's government desired to abolish foreign courts. Having convinced the Western powers that its legal system was "sufficiently modern", Japan succeeded in reforming its unequal status with Britain through the 1894 Anglo-Japanese Treaty of Commerce and Navigation , in which London would relinquish its Japanese extraterritorial rights within five years. Similar treaties were signed with other extraterritorial powers around

16677-566: The modern day. Cassel writes, "extraterritoriality has left many policy-makers in mainland China with a legacy of deeply felt suspicions toward international law, international organisations, and more recently, human rights". With part of its legitimacy resting on claims to strengthening national sovereignty and territorial integrity, the Constitution of the People's Republic of China explicitly states that foreigners must abide by PRC law . And

16830-421: The most important and heavily debated topics in recent environmental law. The United Nations Framework Convention on Climate Change , intended to set out a framework for the mitigation of greenhouse gases and responses to resulting environmental changes, was introduced in 1992 and came into force two years later. As of 2023, 198 states were a party. Separate protocols have been introduced through conferences of

16983-596: The most prominent economic centre and treaty port. It was only after a confrontation between Shanghai police and Nationalist demonstrators in 1925 that Chinese authorities refused to enforce the verdicts of the Mixed Court; this led to its disestablishment in 1927 and replacement with a Chinese-run local court. In 1921, at the Conference on the Limitation of Armament in Washington , an international treaty called

17136-427: The mostly widely agreed is the principle of non-use of force. The next year, the ICJ defined erga omnes obligations as those owed to "the international community as a whole", which included the illegality of genocide and human rights. There are generally two approaches to the relationship between international and national law, namely monism and dualism. Monism assumes that international and national law are part of

17289-512: The nation state, although some academics emphasise that it is distinct from either type of law. It was defined by Philip Jessup as "all law which regulates actions or events that transcend national frontiers". A more recent concept is supranational law , which was described in a 1969 paper as "[a] relatively new word in the vocabulary of politics". Systems of supranational law arise when nations explicitly cede their right to make decisions to this system's judiciary and legislature, which then have

17442-400: The naturalists and the positivists. In the former camp was German jurist Samuel von Pufendorf (1632–1694), who stressed the supremacy of the law of nature over states. His 1672 work, Of the Law of Nature and Nations, expanded on the theories of Grotius and grounded natural law to reason and the secular world, asserting that it regulated only external acts of states. Pufendorf challenged

17595-425: The negotiations of the Treaty of Nanjing , Qing negotiators readily extended a grant of extraterritoriality. Cassel writes "the imperial commissioner and Manchu nobleman Qiying readily conceded extraterritorial privileges to the British in an exchange of notes with Pottinger [the British plenipotentiary] at the time of the conclusion of the treaty". This was in line with Qing practices at the time, where sovereignty

17748-465: The nine primary human rights treaties: The regional human rights enforcement systems operate in Europe, Africa and the Americas through the European Court of Human Rights , the Inter-American Court of Human Rights and the African Court on Human and Peoples' Rights . International human rights has faced criticism for its Western focus, as many countries were subject to colonial rule at the time that

17901-640: The parties , including the Kyoto Protocol which was introduced in 1997 to set specific targets for greenhouse gas reduction and the 2015 Paris Agreement which set the goal of keeping global warming at least below 2 °C (3.6 °F) above pre-industrial levels. Individuals and organisations have some rights under international environmental law as the Aarhus Convention in 1998 set obligations on states to provide information and allow public input on these issues. However few disputes under

18054-475: The parties must be states, however international organisations are also considered to have the capacity to enter treaties. Treaties are binding through the principle of pacta sunt servanda , which allows states to create legal obligations on themselves through consent. The treaty must be governed by international law; however it will likely be interpreted by national courts. The VCLT, which codifies several bedrock principles of treaty interpretation, holds that

18207-405: The parties must sign to indicate acceptance of the wording but there is no requirement on a state to later ratify the treaty, although they may still be subject to certain obligations. When signing or ratifying a treaty, a state can make a unilateral statement to negate or amend certain legal provisions which can have one of three effects: the reserving state is bound by the treaty but the effects of

18360-484: The power to enter treaties, using the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations as a basis although it is not yet in force. They may also have the right to bring legal claims against states depending, as set out in Reparation for Injuries , where they have legal personality and the right to do so in their constitution. The UNSC has

18513-400: The power under Chapter VII of the UN Charter to take decisive and binding actions against states committing "a threat to the peace, breach of the peace, or an act of aggression" for collective security although prior to 1990, it has only intervened once, in the case of Korea in 1950. This power can only be exercised, however, where a majority of member states vote for it, as well as receiving

18666-410: The prevalence of legal positivism . The laws and regulations created for Ottoman subjects to abide by often did not apply to European nationals conducting business and trade in the provinces of the empire, and thus various capitulations were brought into effect with respect to many foreign powers. The various overlapping governmental laws led to legal pluralism in which jurisdiction often was left up to

18819-417: The regimes set out in environmental agreements are referred to the ICJ, as the agreements tend to specify their compliance procedures. These procedures generally focus on encouraging the state to once again become compliant through recommendations but there is still uncertainty on how these procedures should operate and efforts have been made to regulate these processes although some worry that this will undercut

18972-415: The relevant provisions are precluded or changes, the reserving state is bound by the treaty but not the relevant provisions, or the reserving state is not bound by the treaty. An interpretive declaration is a separate process, where a state issues a unilateral statement to specify or clarify a treaty provision. This can affect the interpretation of the treaty but it is generally not legally binding. A state

19125-528: The represented state. Countries which have ceded some control over their territory (for example, the right to enter at will for law enforcement purposes) without ceding sovereignty include: Special concessions are sometimes made for cemeteries and memorials. National governments can also own property or special concessions in other host countries without gaining any sort of legal jurisdiction or sovereignty, in which case they are treated similarly to other private property owners. For example, ownership of land under

19278-459: The republican revolutions of the United States and France. Until the mid-19th century, relations between states were dictated mostly by treaties, agreements between states to behave in a certain way, unenforceable except by force, and nonbinding except as matters of honour and faithfulness. One of the first instruments of modern armed conflict law was the Lieber Code of 1863, which governed

19431-483: The right to make laws that are directly effective in each member state. This has been described as "a level of international integration beyond mere intergovernmentalism yet still short of a federal system". The most common example of a supranational system is the European Union . With origins tracing back to antiquity , states have a long history of negotiating interstate agreements. An initial framework

19584-399: The right to prosecute Chinese citizens for crimes committed abroad and Canada will prosecute sexual abuse of minors by a Canadian anywhere in the world. In practice, it means Chinese national security laws and restrictions on freedom of speech apply to every Chinese citizen across the world, while in Canada's case, local ages of consent are ignored in favour of the Canadian law, meaning

19737-586: The rights of neutral parties, and the consolidation and partition of states; these concepts were sometimes applied to relations with barbarians along China's western periphery beyond the Central Plains . The subsequent Warring States period saw the development of two major schools of thought, Confucianism and Legalism , both of which held that the domestic and international legal spheres were closely interlinked, and sought to establish competing normative principles to guide foreign relations. Similarly,

19890-521: The rights of western visitors. They were permitted to enter the Chinese interior after passporting. However, extraterritorial rights were not extended outside the treaty ports. Similar rights were granted to the interested western powers due to the "most-favoured-nation" clause: all privileges the Qing empire granted to one power were automatically granted to the others. In 1868, when the Tientsin treaties were renegotiated, British merchants clamoured to lift

20043-508: The same legal order. Therefore, a treaty can directly become part of national law without the need for enacting legislation, although they will generally need to be approved by the legislature. Once approved, the content of the treaty is considered as a law that has a higher status than national laws. Examples of countries with a monism approach are France and the Netherlands. The dualism approach considers that national and international law are two separate legal orders, so treaties are not granted

20196-791: The same time. These treaties all came into effect in 1899, ending extraterritoriality in Japan. After the Allied victory in 1945, the Mutual Security Assistance Pact, and its successor treaties, between the United States, to the modern day, grant US military personnel on American bases in Okinawa extraterritorial privileges. King Mongkut (Rama IV) of Siam signed the Bowring Treaty granting extraterritorial rights to Britain in 1855. Sir Robert Hermann Schomburgk , British Consul-General from 1859 to 1864, gives an account of his judicial training and responsibilities in

20349-403: The same topics. Many of the primary human rights conventions also form part of international labour law, providing protection in employment and against discrimination on the grounds of gender and race. It has been claimed that there is no concept of discrete international environmental law , with the general principles of international law instead being applied to these issues. Since the 1960s,

20502-708: The sea was primarily composed of customary law until the 20th century, beginning with the League of Nations Codification Conference in 1930, the UN Conference on the Law of the Sea and the adoption of the UNCLOS in 1982. The UNCLOS was particularly notable for making international courts and tribunals responsible for the law of the sea. Capitulations of the Ottoman Empire Capitulations of

20655-478: The sick and wounded. During the European Middle Ages , international law was concerned primarily with the purpose and legitimacy of war, seeking to determine what constituted "just war ". The Greco-Roman concept of natural law was combined with religious principles by Jewish philosopher Maimonides (1135–1204) and Christian theologian Thomas Aquinas (1225–1274) to create the new discipline of

20808-554: The six organs of the UN, based out of the Hague with a panel of fifteen permanent judges. It has jurisdiction to hear cases involving states but cannot get involved in disputes involving individuals or international organizations. The states that can bring cases must be party to the Statute of the ICJ , although in practice most states are UN members and would therefore be eligible. The court has jurisdiction over all cases that are referred to it and all matters specifically referred to in

20961-575: The support of the permanent five members of the UNSC. This can be followed up with economic sanctions, military action, and similar uses of force. The UNSC also has a wide discretion under Article 24, which grants "primary responsibility" for issues of international peace and security. The UNGA, concerned during the Cold War with the requirement that the USSR would have to authorise any UNSC action, adopted

21114-472: The teleological approach which interprets a treaty according to its objective and purpose. A state must express its consent to be bound by a treaty through signature, exchange of instruments, ratification, acceptance, approval or accession. Accession refers to a state choosing to become party to a treaty that it is unable to sign, such as when establishing a regional body. Where a treaty states that it will be enacted through ratification, acceptance or approval,

21267-675: The travel restrictions on the Chinese interior. The Qing position was adamantly opposed, unless extraterritoriality was also abolished. No compromise was reached; and the Qing government was successful in preventing foreigners from visiting the Chinese interior with extraterritorial privileges. Extraterritorial rights were not limited to Western nations. Under the 1871 Sino-Japanese Friendship and Trade Treaty , Japan and China granted each other reciprocal extraterritorial rights. China itself imposed reciprocal extraterritoriality rights for its own citizens in Joseon Korea . However, in 1895, under

21420-404: The treaties concluded with the United States, the United Kingdom, France, Netherlands , and Russia in 1858, in connection with the concept of the " most favoured nation ". Various commercial treaties extended extraterritorial protections in Japan with various parties, including with Peru, in 1873. Most countries exercised extraterritorial jurisdiction through consular courts . Britain established

21573-403: The treaty contradicts peremptory norms. Customary international law requires two elements: a consistent practice of states and the conviction of those states that the consistent practice is required by a legal obligation, referred to as opinio juris . Custom distinguishes itself from treaty law as it is binding on all states, regardless of whether they have participated in the practice, with

21726-434: The two areas of law has been debated as scholars disagree about the nature of their relationship. Joseph Story , who originated the term "private international law", emphasised that it must be governed by the principles of public international law but other academics view them as separate bodies of law. Another term, transnational law, is sometimes used to refer to a body of both national and international rules that transcend

21879-468: The world, from the eastern Mediterranean to East Asia . In Ancient Greece , many early peace treaties were negotiated between its city-states and, occasionally, with neighbouring states. The Roman Empire established an early conceptual framework for international law, jus gentium , which governed the status of foreigners living in Rome and relations between foreigners and Roman citizens . Adopting

22032-590: Was among the earliest scholars to expand international law beyond European Christian nations, advocating for its application and recognition among all peoples on the basis of shared humanity. In contrast, positivist writers, such as Richard Zouche (1590–1661) in England and Cornelis van Bynkershoek (1673–1743) in the Netherlands, argued that international law should derive from the actual practice of states rather than Christian or Greco-Roman sources. The study of international law shifted away from its core concern on

22185-567: Was based on the division of the world into three categories: the dar al-Islam , where Islamic law prevailed; the dar al-sulh , non-Islamic realms that concluded an armistice with a Muslim government; and the dar al-harb , non-Islamic lands which were contested through jihad . Islamic legal principles concerning military conduct served as precursors to modern international humanitarian law and institutionalised limitations on military conduct, including guidelines for commencing war, distinguishing between civilians and combatants and caring for

22338-757: Was conceptualised by the Ancient Romans and this idea of ius gentium has been used by various academics to establish the modern concept of international law. Among the earliest recorded examples are peace treaties between the Mesopotamian city-states of Lagash and Umma (approximately 3100 BCE), and an agreement between the Egyptian pharaoh , Ramesses II , and the Hittite king , Ḫattušili III , concluded in 1279 BCE. Interstate pacts and agreements were negotiated and agreed upon by polities across

22491-476: Was considered the founder of private international law . Another Italian jurist, Baldus de Ubaldis (1327–1400), provided commentaries and compilations of Roman, ecclesiastical, and feudal law , creating an organised source of law that could be referenced by different nations. Alberico Gentili (1552–1608) took a secular view to international law, authoring various books on issues in international law, notably Law of War , which provided comprehensive commentary on

22644-559: Was established in 1947 to develop and codify international law. In the 1940s through the 1970s, the dissolution of the Soviet bloc and decolonisation across the world resulted in the establishment of scores of newly independent states. As these former colonies became their own states, they adopted European views of international law. A flurry of institutions, ranging from the International Monetary Fund (IMF) and

22797-666: Was founded to safeguard peace and security. International law began to incorporate notions such as self-determination and human rights . The United Nations (UN) was established in 1945 to replace the League, with an aim of maintaining collective security. A more robust international legal order followed, buttressed by institutions such as the International Court of Justice (ICJ) and the UN Security Council (UNSC). The International Law Commission (ILC)

22950-607: Was gifted by France to Canada. A similar case is the French domains of St Helena : the Government of France bought land property on St. Helena island to commemorate the exile of Napoleon Bonaparte there. Internal cases (both parties are part of the same unitary sovereign state but have different border control and legal systems): International law International law differs from state-based domestic legal systems in that it operates largely through consent , since there

23103-452: Was held by peoples rather than imposed on lands. A more formal declaration of extraterritoriality was concluded in the 1843 Supplementary Treaty of the Bogue , which established that "Britons were to be punished according to English law and Chinese were to be 'tried and punished by their own laws'". These provisions only applied to the treaty ports, since foreigners were barred from entering

23256-470: Was originally an intention that a state must have self-determination , but now the requirement is for a stable political environment. The final requirement of being able to enter relations is commonly evidenced by independence and sovereignty. Under the principle of par in parem non habet imperium , all states are sovereign and equal, but state recognition often plays a significant role in political conceptions. A country may recognise another nation as

23409-557: Was the Central American Court of Justice , prior to World War I, when the Permanent Court of International Justice (PCIJ) was established. The PCIJ was replaced by the ICJ, which is the best known international court due to its universal scope in relation to geographical jurisdiction and subject matter . There are additionally a number of regional courts, including the Court of Justice of the European Union ,

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