International law 1

entity – субъект права

international personality – международное правовое лицо

rules of international law – нормы международного права

rules of customary international law – нормы международного права, основанные на обычном праве, общепринятые нормы международного права

recognition – дипломатическое признание государства

consent – согласие, соглашение

good faith - добросовестность, честность, честные намерения

incorporate – объединять, соединять (в одно целое)

to assume - брать на себя (обязательства)

capacity - дееспособность

International and domestic law

There are two main branches of international law: private and public. Private international law concerns the role of foreign laws within a particular country. For example, if an Englishman wants to sell property he owns in France to another Englishman, any English court must consider French law when deciding the legitimacy of sale. Public international law is the body of legal rules that apply between sovereign states and other entities which have international personality.

International law forms a contrast to municipal, or domestic law. There are some important differences between international law and the law of individual states. International law applies only between entities that have international personality; municipal law regulates the conduct of individuals and other legal entities within a separate state. Domestic laws are passed by legislative bodies; international laws, or rules of international law are created by agreements among governments. Enforcement of international law is also different. Many international agreements are not always binding.

Although there is no effective international law-enforcing body, many states now incorporate principles of international law into their own domestic law for the purpose of mutual cooperation peaceful coexistence.

Sources of International Law

The main sources of international law are: rules of international customary law, general principles of law recognized by civilized nations, and treaties.

The basic rules of customary international law can be summarized in the following fundamental principles: recognition, consent and good faith.

General principles of international law recognized by civilized nations include:

(a) the principle not to use force against the territorial integrity or political independence of any State;

(b) to settle their international disputes by peaceful means;

(c) not to intervene in matters of another State;

(d) to cooperate with one another;

(e) the principle of equal rights and self-determination of peoples;

(f) the principle of sovereign equality of States

(g) the principle to fulfill the obligations assumed by them.

A Treaty is a written agreement between states. By treaties the subjects of international law may declare, modify, or develop existing international law. Among the issues of international law governed by treaties, five are of special significance: territory; diplomatic law and immunity; the protection of nationals abroad; freedom of commerce and navigation; extradition and asylum; and succession of international rights and obligations.