By Arundathie Abeysinghe
 Lecturer
 International Aviation Academy
 SriLankan Airlines
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What is International Law?
Set of rules generally regarded and accepted as
binding in relations between states and between
nations
International Law serves as a framework for the
practice of stable and organized international
relations
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International law differs from state-based legal
systems
International law is primarily applicable to countries
than to private citizens
International Law is consent-based governance - a
state member of the international community is not
obliged to abide by this type of international law,
unless it has expressly consented to a particular
course of conduct
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Public International Law
Law that governs the relations between or among
nations
Private International Law
Concerns disputes between private parties in
which the laws, jurisdiction or court judgments of
more than one jurisdiction or country are
implicated
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Article 38 of the International Court of Justice statute states:
 1. The Court, whose function is to decide in accordance with
international law such disputes as are submitted to it, shall apply:
 a. International Conventions, whether general or particular,
establishing rules expressly recognized by the contesting states;
 b. International Custom, as evidence of a general practice
accepted as law;
 c. General principles of law recognized by civilized nations;
 d. subject to the provisions of Article 59, judicial decisions and
the teachings of the most highly qualified publicists of the
various nations, as subsidiary means for the determination of
rules of law
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“Consists of rules of law derived from the
constant conduct of states acting out of the belief
that the law required them to act that way”
 Because there are no international “laws”, per
se, countries instead behave as if there were
laws to require them to behave, a certain way
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State practice
Opinio juris
Acts taken by a significant number of states and not
rejected by a number of states
Second element (along with state practice) necessary
to establish a legally binding custom
(Opinio juris denotes a subjective obligation, a sense
on behalf of a state that it is bound to the law in
question)
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An agreement in written form between nation-states or
international agencies, e.g. the United Nations
Intended to establish a relationship governed
by International Law
May be contained in a single instrument or in two or more
related instruments e.g. an exchange of diplomatic notes
Various terms are used for such an agreement: treaty,
convention, protocol, declaration, covenant, pact, act, charter,
exchange of notes, statute, agreement, modus
vivendi (manner of living or practical compromise) and
understanding
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Vienna Convention on the Law of Treaties defines a
treaty as:
“an international agreement concluded between states in
written form and governed by international law, whether
embodied in a single instrument or in two or more related
instruments and whatever its particular designation”
Definition applies to treaties, international conventions,
international agreements, covenants, final acts, charters,
protocols, pacts, accords and constitutions for international
organizations
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For an international convention to enter into
force it has to be negotiated and formally
adopted at an International Conference
It has to be signed at the time of adoption
and then opened for ratification by the State
Parties Ratifications are generally deposited
at the Secretariat of the United Nations
m
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Purpose of ratification is to ensure that the
government has examined the implications of the
obligations in the convention and has determined
that it is in a position to comply with them
Ratification is the process by which a particular
State becomes a State Party bound by the
Convention
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Ratification is also the process necessary for
the convention to enter into force and
become International Law
The convention itself will generally provide
for the minimum number of ratifications
necessary for the convention to come into
force
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After signing the convention, States must take into
consideration the domestic requirements before
ratifying the convention
The procedure to ratify an international convention
differs from country to country
In every country ratification involves consideration
by the Legislature, in addition to consultations
among various government departments and other
stake holders
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Countries can express "reservations, understandings
and declarations" in cases where there are
discrepancies between the international convention
and domestic law
Conventions deposited with the Secretary-General
represent the expressed desire of the international
community to establish rights and obligations among
themselves and are bound by an international rule of
law
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Implementation of an international convention
domestically depends on the domestic legal system
of each country
A State could be categorized either as a monist state
or a dualist state with regard to the implementation
of international conventions domestically
Monists assume that internal and international legal
systems form a unity
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In most monist states, a distinction between international
law in the form of treaties, and other forms of domestic law
is not made
In such states International Law does not need to be
translated into national law for the purpose of application
within the domestic territory and international law is
immediately incorporated into the national legal system
In monist states, International Law can be directly applied
by the domestic courts, and can also be directly invoked
by citizens, as if it were national law
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This is different in dualist states
Dualist states emphasize the difference between
national and international law and require the
translation of the latter into the former
Without this translation, International Law does
not exist as law within the domestic or municipal
legal system
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