International law is a set of rules and regulations that govern how states interact with each other, with the citizens of other countries and businesses/corporations from other countries. International law is a rather new development in the sense that it is the result of the Treaty of Westphalia(1648), which first established the idea that states would be recognized as having independent sovereignty, as opposed to being part of a religious or political organization.

The idea of international law is that every government and corporation is subject to the law of the land in the same way that citizens are and are held responsible for their actions in the same way that citizens are. International law is based upon the idea that all nations will have to act as fair and just societies, meaning that they will not arbitrarily punish others, not use violence to get their way, and will uphold the rule of law. Read the following guide from Boyer Law Firm to understand the basics of International law.

Branches of International law

International law is a very broad subject and can be divided into three main branches. These are:

Public International Law

Also known as International public law, this branch of international law deals with the relationship between public persons and entities, such as governments, international organizations, and non-state actors. The main concern of this field of law is to ensure that different countries can live together in peace, respecting each other’s laws and regulations. This branch of law is based on three main principles:

1. Peaceful coexistence

This means that for different countries to live together peacefully, they must agree to respect each other’s sovereignty.

2. Sovereign equality

This means that every country has equal standing and the same rights.

3. Reciprocity

This means that countries should respect the laws of the land in the same way that they should expect other countries to respect their laws.

Private International Law

Private international law deals with the relationships between private persons and entities that deal with cross-border matters. Private international law is based on the idea that two or more countries can have different laws governing the same thing and that these different laws will not affect each other. The two main principles that this branch of law is based on are:

1. Nationality

The people of a country are subject to the laws of that country, and people in different countries are subject to the laws of their country.

2. Territoriality

A person that commits an act in one country is subject to the laws of that country, and if he commits the same act in another country, he is subject to the laws of that country.

International Trade Law

International trade law deals with the laws that govern the rules of trading between countries. This branch of law is based on the idea that countries need to respect trade between each other and that trade should be fair, equitable, and transparent. Many countries have signed trade agreements and treaties to ensure that trade is fair and transparent. The rules for international trade are based on the following principles:

• Just compensation – with the idea being that if a country is going to be affected by the actions of another country, such as trade, it should be compensated.
• National treatment – meaning that countries should not treat foreign entities differently from how they treat domestic entities.
• Most favored nation – meaning that countries should treat all other countries as if they were the most favored nation.
• Most favored customer – meaning that countries should treat all other countries as if they were the most favored customer.
• Dispute settlement – means that any disputes arising due to the trade of goods should be settled using a fair and just process.

Key Terms in International Law

The following are some of the most common terms that are used in international law:

Act of state – occurs when a country takes action on something that is within the boundaries of its own territory but affects another country. The effect of the action is not considered to be the responsibility of the other country. An example is when a country raises taxes in its own country, which affects a foreign corporation operating in the country. The corporation would not be able to challenge the action as that would be considered an act of state.

Ambassadors – are representatives of their country who are sent to another country to ensure that their country’s interests are protected and promoted in that country. The legal status of an ambassador is that they have diplomatic immunity. The actions of an ambassador will not be judged in the country they are in, and they are not liable to be sued if they have committed a crime.

Treaty – is an international agreement between two or more countries. It is a type of contract, with each party to the contract promising to perform specific actions.

Human rights – are the basic rights that every person is entitled to, and they must be respected by all states and organizations.

International Organizations – such as the United Nations, the World Trade Organization, and the International Criminal Court are all international organizations set up to help promote the interests of different countries.

The International Court of Justice – is the main judicial branch of the United Nations. It is the only international court that can issue an injunction on a state and is the final court of appeal for international law.

Interpol – is the international police organization that maintains a database of criminals and missing persons, and assists its member countries in preventing crimes.

International humanitarian law – also known as the law of war, is a set of rules that control the actions of a country when it is at war. The rules are designed to ensure that the war is conducted in a fair and just way and that the human rights of the civilian population are protected.

In summary, international law is quite complex. Understanding the branches and key terms mentioned above will give you a good headstart in your endeavor of wrapping your head around the nuances of international law.