Key Terms
Public international law
Governs relations among governments and international organizations.
Private international law
Applies to private parties in international commercial and legal transactions.
Sovereign state
A political entity that governs its own territory without being subject to outside authority. Nations are sovereign stat
Sovereign immunity
Courts of one nation lack jurisdiction to hear cases against foreign governments.
Solution
Treaties typically include provisions requiring parties to submit disputes to a neutral tribunal — such as a treaty-crea
International Court of Justice (ICJ)
A neutral tribunal used to resolve disputes between nations under international law.
Compare to domestic law
Within the US, everyone is subject to state and federal court jurisdiction whether they choose to submit or not. Extradi
Two main sources
Customary international law and treaties.
Custom
A widely accepted way of doing something.
Customary international law
A body of international rules that has become binding through consistent, long-standing behavior driven by a sense of le
Example
Granting diplomatic immunity to visiting heads of state.
Historically governed
Rules of war, treatment of prisoners of war, human rights.
After World War II
Much customary law became the foundation for UN Conventions.
Modern trend
Reduce legal obligations to writing; have nations expressly agree to terms. Customary international law still exists but
Treaty
An agreement between two or more nations governed by international law. Essentially a contract between sovereign nations