Key Terms
Public International Law
Governs relations among governments and international organizations. Covers law of war, territory acquisition, dispute s
Private International Law
Applies to private parties in international commercial and legal transactions. Identifies which nation's law governs an
Sovereign State
A political entity that governs its own territory without being subjected to outside authority. Nations are sovereign st
Sovereign Immunity
Courts of one nation lack jurisdiction to hear cases against foreign governments. In the US, this is enacted as the Fore
Governments
1. The foreign government waives its immunity and consents to US court jurisdiction.
Enforcement Problem
If a treaty party breaches, there is no higher power to compel compliance. Solution: treaties include provisions requiri
Participation Problem
International law only applies to nations that voluntarily choose to participate. A sovereign nation cannot generally be
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 through a sense of lega
Historical examples
Diplomatic immunity for visiting heads of state, rules of war, treatment of prisoners of war, human rights standards.
Modern trend
Reduce legal obligations to writing. Customary law still exists but is no longer the dominant source.
Treaty
An agreement between two or more nations governed by international law. Essentially a contract between sovereign nations
Bilateral Treaty
Agreement between two nations. Multilateral Treaty: Agreement between three or more nations.
General Agreement on Tariffs and Trade (GATT)
A multilateral treaty to promote international trade by reducing or eliminating trade barriers (tariffs and quotas) betw