SCOPE OF

INTERNATIONAL LAW
Muriel Autencio
International Law
 Covers almost every kind of activity of a
transborder character.
 Propelled by such concerns as global human
rights movement, patterns of rising international
trade, and changing technology.
 Identifies the actors or subjects that have legal
status and provides for their rights and duties.
 Montevideo Convention on Rights and Duties of

State of 1933
 Convention on Privileges and Immunities of the

United Nations of 1964.

Extradition
 Formal procedure of returning a fugitive from
the state of residence where the criminal act
occurred.
 Traditionally occurred under Customary Law

but nowadays it operates under bilateral

treaties.
 Treaty on Extradition Between the United

States and Japan of 1978

War
 Laws of war to civilize war have arisen
 Hague Convention of 1899 and 1907.

 Kellogg Briand Pact of 1928 and the United

Nations Charter of 1945

 Two of the Fundamental Laws of War:

Aggressive war is unlawful

State defense in cases of Aggression is
lawful
 Geneva Conventions of 1949
 Treatment of Civilians and POWS

 Often inhumane in spite of laws

 Civilians are caught in the midst of war, and

their causalities may be greater than the

combatants.
 Protocols to the Geneva Convention of 1977

 Prisoners from whatever conflict should

receive human treatment as POWs.

 Arms
Limitation


 Prospect
Prospect of
of Limiting
Limiting the
the Destruction
Destruction ofof War
War or
or
even
even preventing
preventing warwar through
through arms
arms limitation.
limitation.
 Reduction
 Reduction of of weapons
weapons means
means fewer
fewer
casualties
casualties if
if war
war occurs
occurs
 Weapons
 Weapons reduction
reduction may
may reduce
reduce the
the war
war
provoking
provoking tensions
tensions associated
associated with
with arms
arms race.
race.
Laws of Neutrality
 Important during wartime
 Answers questions such as:

 When can neutrals face blockades to their

trade?
 What constitutes contraband if trade is

possible?
 What is the required legal treatment of

neutral civilians caught in a war zone?

Laws of Peace

 Deals with
territoriality,
nationality,
diplomacy, and
trade.
Law of the Sea
 One of the oldest international Law
 Laws of the Sea of 1982

 Seaward jurisdiction of states from their

baselines
States have complete territorial jurisdiction
12 miles out of the sea
Additional 12 miles, contiguous zone that
allows limited sovereignty
200 mile exclusive economic zone along
each country’s coast
Aerial Laws
 Invention of the airplane and powerful
rockets.
 Chicago Convention on International and

Civil Aviation of 1944

 The atmosphere above land boundaries

belongs to a given state, and many states are

sensitive to any intrusion.
Outer Space Treaty of 1967
 Activities beyond the atmosphere including
the heavenly bodies.
 States can explore these territories but cannot

arm them with weapons of mass destruction or

declare heavenly bodies their national
territory.
Laws of Nationality
 States in the Western Hemisphere
 Jus soli principle (Law of the Soil)

 Most European States

 Jus Sanguinis (Law of Blood)

 Some states tolerate dual citizenship

Diplomatic Relations
 Vienna Convention on Diplomatic Relations
of 1961
 Vienna Convention on Consular Relations of

1963
 International Convention against The Taking

of Hostages of 1979
 Diplomats and private citizens receive protection from
hostage status.
 States where the hostage taking occurs are responsible
for the safety of diplomats and citizens from other
countries.
Trade
 Free Trade Agreement of 1989
 North American Free Trade Agreement of

1993
 Treaty of Rome of 1957

 Created the European Economic Community

which later became the European Union

 Maastricht Treaty of December 1991 signed

by 12 members of the EU
 General Agreement on Tariffs and Trade of
1947
 Free Trade Philosophy

 World Trade Organization

 More extensive and has replaced GATT
Human Rights
 Before WWII
 Peace of Westphalia of 1648
 States have claimed that they can treat their
citizens as they wish

 After WWII
 Human rights declarations and treaties, global and
regional, have steadily appeared as international
law.
 Universal Declaration of Human Rights
 Everyone has the right to life, liberty and security of person(Article
3)
 Covenant on Civil and Political Rights of 1976
 Everyone shall have the right to recognition everywhere as a
person before the law (Article 16)
 Covenant on Economic, Social and Cultural Rights of 1976
 Everyone shall have the right to an adequate standard of living.
This includes, but is not limited to, the right to adequate food,
clothing, housing, and "the continuous improvement of living
conditions." It also creates an obligation on parties to work
together to eliminate world hunger. (Article 11)
 International Labor Organization
 UN Convention on Genocide of 1948
 Hague Convention on the Civil Aspects of
International Child Abduction of 1988
 Convention on the Rights of the Child

 State parties shall take all appropriate national,

bilateral and multilateral measures to prevent
the abduction of, the sale of or traffic in children
for any purpose or in any form.(Article 35)
 Universal Declaration on the
Rights of the Indigenous People
 Indigenous People shall not be
forcibly removed from their
lands or territories. No relocation
shall take place without the free,
prior and informed consent of the
indigenous peoples concerned
and after agreement on just and
fair compensation and, where
possible with the option of
return. (Article 10)
Conclusion
 Treaties in the areas of terrorism, environment,
intellectual property and copyright laws, health,
communication technology and many others
demonstrate that international law is an evolving
body of law.
 This law guides cooperation in areas of mutual
concern and pull states, as well as other actors into
a shared international society.