INTERNATIONAL LAW
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INTERNATIONAL LAW PARMA UNIVERSITY International Business and Development International Market and Organization Laws Prof. Gabriele Catalini
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INTERNATIONAL LAW. PARMA UNIVERSITY International Business and Development International Market and Organization Laws Prof. Gabriele Catalini. What is “INTERNATIONAL LAW”?. - PowerPoint PPT Presentation
Transcript of INTERNATIONAL LAW
INTERNATIONAL LAW
PARMA UNIVERSITYInternational Business and Development
International Market and Organization LawsProf. Gabriele Catalini
What is “INTERNATIONAL LAW”?
Traditionally, international law consisted of rules and principles governing the
relations and dealings of nations with each other, though recently, the scope of
international law has been redefined to include relations between states and
individuals, and relations between international organizations
Public_international_law, concerns itself only with questions of rights between
several nations or nations and the citizens or subjects of other nations.
Private_international_law deals with controversies between private persons,
natural or juridical, arising out of situations having significant relationship to more than
one nation.
In recent years the line between public and private international law have became increasingly uncertain. Issues of private international law may also implicate issues of public international law, and many matters of private international law nave substantial significance for the international community of nations.
CHARTER OF THE UNITED NATIONS…
http://www.un.org/en/documents/charter/chapter1.shtml
“The Organization is based on the principle of the sovereign equality of all its Members.”
(Art. 2, par. 1)
IS IT TRUE?
WORLD WAR I
1914
The declaration of war signed by the Kaiser
Guglielmo II.
Many death…no results…
LEAGUE OF NATIONS
Società delle Nazioni, Société des Nations, League of Nations, SdN, 1939-1941
The League of Nations (LON) was an intergovernmental organization founded as a result of the Paris Peace Conference, and the precursor
to the UNITAD NATIONS.
At its greatest extent from 28 September 1934 to 23 February 1935, it had 58 members. The League's primary goals, as stated in its Covenant, included
preventing WAR through collective security, disarmament, and settling international disputes
through negotiation and arbitration.
Art. 12
The Members of the League agree that, if there should arise between them any dispute likely to lead to a rupture they will submit the matter either to arbitration or judicial settlement or to enquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the judicial decision, or the report by the Council. In any case under this Article the award of the arbitrators or the judicial decision shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute.
1935
In October 1935, Italian dictator Benito Mussolini sent
400,000 troops to invade Abyssinia
(ETHIOPIA)Stemma dell’Africa Italiana
Marshal Pietro Badoglio led the campaign from November 1935, ordering bombing,
the use of chemical weapons like mustard gas, and the poisoning of water supplies,
against targets which included undefended villages and medical facilities.
The League of Nations condemned Italy's aggression and imposed economic
sanctions in November 1935, but the sanctions were largely ineffective since
they did not ban the sale of oil or close the Suez Canal (controlled by Britain)
In June 1936, although there was no precedent for a head of state addressing the Assembly of the League of Nations in person, the Emperor of Ethiopia HAILE SELASSIE I spoke to the Assembly to appeal for its help in protecting his country.
• It is collective security: it is the very existence of the League of Nations. It is the confidence that each State is to place in
international treaties. It is the value of promises made to small States that their integrity and their independence shall be respected and ensured. It is the principle of the equality of States on the one hand, or otherwise the obligation laid upon smail Powers to accept the bonds of vassalship. In a word, it is international morality that is at stake. Have the signatures appended to a Treaty value only in so far as the signatory Powers have a personal, direct and immediate
interest involved? • No subtlety can change the problem or shift the grounds of the discussion. It is in all sincerity that I submit these considerations to
the Assembly. At a time when my people are threatened with extermination, when the support of the League may ward off the final blow, may I be allowed to speak with complete frankness,
without reticence, in all directness such as is demanded by the rule of equality as between all States Members of the League?
• Apart from the Kingdom of the Lord there is not on this earth any nation that is superior to any
other. Should it happen that a strong Government finds it may with impunity destroy a weak people, then the hour strikes for that weak
people to appeal to the League of Nations to give its judgment in all freedom. God and history
will remember your judgment.
Haile Selassiè
S. C. – 3988 th MeetingSixty-five years ago, the Emperor Haile Selassie,whose
country was subjected to aggression by Fascist Italy — as the Federal Republic of Yugoslavia is today by NATO and the United States of America — entered history with
his prophetic outcry that the League of Nations and international peace would be fatally wounded if the
aggression did not stop.
The United Nations is at the crossroads today, as the League of Nations was then.
I hope that, this time, the United Nations chooses the right path.
Jovanovic
UNITED NATIONS
Assemblea Generale delle Nazioni Unite
General Assembly
The General Assembly is the main deliberative assembly of the United Nations. Composed of all United Nations member states, the assembly meets in regular yearly sessions under a president elected from among the member states. Over a two-week period at the start of each session, all members have the opportunity to address the assembly.
Traditionally, the Secretary-General makes the first statement, followed by the president of the assembly. The first session was convened on 10 January 1946 in the Westmister Central Hall in London and included representatives of 51 nations.
Security Council
The Security Council is charged with maintaining peace and security among countries.
While other organs of the United Nations can only make 'recommendations' to member governments, the Security Council has the power to make binding decisions that member governments have agreed to carry out, under the terms of Charter Article 25.
Secretariat
The United Nations Secretariat is headed by the Secretary-General, assisted by a staff of international civil servants worldwide. It provides studies, information, and facilities needed by United Nations bodies for their meetings. It also carries out tasks as directed by the UN Security Council, the UN General Assembly, the UN Economic and Social Council, and other UN bodies. The United Nations Charter provides that the staff be chosen by application of the "highest standards of efficiency, competence, and integrity," with due regard for the importance of recruiting on a wide geographical basis.
Secretary-General
The Secretariat is headed by the Secretary-General, who acts as the de facto spokesperson and leader of the UN.
International Court of Justice
The International Court of Justice (ICJ), located in The Hauge, Netherlands, is the primary judicial organ of the United Nations. Established in 1945 by the United Nations Charter, the Court began work in 1946 as the successor to the Permanent Court of International Justice. The Statute of the International Court of Justice, similar to that of its predecessor, is the main constitutional document constituting and regulating the Court.
Economic and Social Council
The Economic and Social Council (ECOSOC) assists the General Assembly in promoting international economic and social cooperation and development. ECOSOC has 54 members, all of which are elected by the General Assembly for a three-year term.
http://www.un.org/
International Criminal Court• The International Criminal Court (ICC), governed by the Rome Statute, is the first
permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.
• The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.
• The international community has long aspired to the creation of a permanent international court, and, in the 20th century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War.
•
• In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed.
• On 17 July 1998, the international community reached an historic milestone when 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court.
• The Rome Statute entered into force on 1 July 2002 after ratification by 60 countries.
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