Understanding International Law: Key Concepts & Definitions

International Law: Key Concepts and Definitions

International Law:

  1. Parties to, by, in
  2. By becoming to
  3. Under to
  4. International laws to
  5. The council on

Prefixes:

  • Bi: Two
  • Inter: Between, among
  • Intra: Within, inside
  • Multi: Many
  • Non: Not, other than
  • Supra: Above, beyond

Examples:

  • Interagency: Involving two or more agencies, especially government agencies.
  • Non-aligned: Neutral, especially towards major powers.
  • Non-governmental: Without any participation or representation of a government.
  • Multinational: Involving several different countries.
  • Intrastate: Within the boundaries of a state.

Legal Instruments: Recommendations and opinions; regulations; directives; decisions; communications.

Definitions:

  • Presumption: When you believe that something is true without having any proof.
  • Governs: Controls and directs the public business of a country, city, group of people, etc.
  • Rigid: Incapable of compromise or flexibility.
  • Entitled: Given the right to do or have something.
  • Narrow: Limited.
  • Infringement: The breaking of a rule or law.
  • Ruling: A decision in a case.
  • Extended: When the influence of something is expanded.
  • Test: A question that helps a judge reach a decision.

Concepts: Binding source of law; advisory standards; customary international law; enforceable practices; governmental organization; intellectual property rights.

Examples:

  1. Finland and Sweden: Bilateral
  2. A: Non-governmental
  3. The EU is a: Supranational
  4. The International Court: Inter-state

Explanations:

  • A customs union is, put simply, a group of nations who wish to remove customs barriers between them.
  • A legal framework is, in essence, a broad system of rules.
  • A charter is an agreement by which rights are granted to an international body by the signatory nations to the agreement.
  • Conflict of laws refers to the body of law dealing with disputes between private persons who live in different jurisdictions; in other words, it deals with such questions as which law applies in the case at hand.

Key Terms:

  • Nation State: An independent state or country whose people mostly share a common identity.
  • Public International Law: The law governing the rights and duties of states in relation to each other.
  • Private International Law (also Conflict of Laws): The laws governing the rights and duties of private individuals and business entities from different legal jurisdictions (also called ‘conflict of laws’).
  • Supranational Law: International law accepted by states as superior to their own national law (e.g., European states and the European Conventions).
  • Treaty: International agreement between different states.
  • Jurisdiction: The authority and power to interpret and apply the law.
  • Patent: A license that gives an inventor the exclusive right to make, use, or sell his/her invention for a set period of time.
  • Infringement: Breaking the terms of a law or agreement, e.g., illegal use of someone’s intellectual property.
  • Entitled: Given the right to do or have something.
  • Presumption: The belief that something is true without having any actual proof.
  • Forum Shopping: When more than one court has possible jurisdiction over a claim, choosing the court that is most likely to issue a favorable ruling (e.g., by awarding higher damages).
  • Cause of Action: The facts that give a claimant the right to sue in court.
  • Renvoi: The process by which a court adopts the rules of a foreign jurisdiction in any conflict of laws.
  • Competent (with regard to a court’s powers): The court has jurisdiction to rule on a case.
  • Domicile: The place where a person generally lives.