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International Law and the Worlds Legal Systems Notes

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Chapter 2 - International Law and the World’s Legal Systems A. International Law a. International law i. Thought to be derived from latin words jus gentium meaning “the law of nations” 1. Reference to that part of ancient Roman law that governed public and private relations with foreigners and with the rulers of foreign lands ii. Many legal historians believe that it was the rise of European nation-state, first ruled by monarchs and later by sovereign governments, that led to the development of modern international law iii. It is accepted that international law arises not from the work of some supranational legislature, but because nationals have agreed to follow customary and accepted rules or norms and to comply with treaties and conventions on which they agree iv. Definition of Characteristics of International Law 1. International law a. The body of rules applicable to the conduct of nations in their relationships with other nations, and with individuals and other private parties, rules for settling disputes between nations as well as rules for intergovernmental organizations b. Can also include crimes and criminal procedures applicable to genocide, war crimes, and offenses against humanity committed by individuals in an official capacity 2. Characteristics that distinguish from national law a. International law consists of rules that countries agree to follow i. Lawmaking by choice and consent 1. International law exists because countries decide it is in their best ...
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