Laws {national law} can be American, canon, English, European, international, Jewish, Roman, and tribal.
Tribes had laws {tribal law}.
court
Chiefs presided over tribal courts. Chiefs gained right to prevent lawbreaking. Courts gained authority to impose banishment or outlawry on offending persons, to prevent further offenses. Trials by battle or ordeal began, trusting gods to judge high oaths. Courts arose to determine damages injured persons received from offending persons.
crime
For murder, slain person's kinsmen try to punish offender themselves. In tribal societies, injured person's relatives avenged wrong done to persons.
marriage
In tribal societies, marriage was by duel, capture, or purchase.
Personal damages {damages, tribal law} arose from giving injury-causing objects to injured persons.
Tribal family relationships {agnatic family} can include only father's relatives. Agnatic societies had high prostitution.
Tribal family relationships {cognatic family} can include all blood relatives.
Tribal family relationships {enatic family} can include only mother's relatives.
Laws {Jewish law} can depend on Torah and later interpretations. Jewish family relations were agnatic. Fathers had absolute power. Women left their families completely at marriage. Having several wives was common, but later decreased and eventually ended. Women had to have higher moral standards. Large families were desirable.
scriptures {midrash, scripture}|.
Exodus 21:22-25 states: An eye for an eye, a tooth for a tooth, a life for a life, a wound for a wound {lex talionis} {jus talionis} {talion}|. Talion limits revenge or retaliation to same level as injury.
At first, husband's nearest relative had to marry widow. Later, formal procedure {chelitza} allowed husband or widow not to marry.
Jewish people supposedly received laws when God spoke to Moses. Ancient Jewish law {Mosaic Law} is one law basis. Mosaic Law is typical tribal patriarchal law. Mosaic Law limited revenge by rule of talion. Judicial system developed to determine proper revenge for wrongs.
Mosaic Law is Old-Testament first five books {Torah} {Pentateuch}.
Torah {Book of the Covenant} includes Ten Commandments in Exodus and other laws.
Torah includes Ten Commandments in second book {Exodus}.
Torah includes commandments {Ten Commandments} in Exodus.
Scribes wrote Mosaic-law expositions {Mishnah}. Mishnah is practical law. It appeals to high principles, such as equity, fairness, and humaneness. It distinguishes between civil and criminal law. It had harsh criminal penalties but did not use death penalty in later times.
Mishnah extensions {Talmud, Mishnah} have Gemara, Halachah, and Haggadah.
Talmud sections {Halakha} {Halakah} {Halakhah} {Halacha} {Halachah} {Oral Law} record Jewish rabbinic law, customs, and traditions.
Talmud sections {Hagadda} {Haggadah} have scripture ethical, prophetic, religious, and historical content and include benedictions, prayers, and psalms for Passover seder.
Laws {Roman law} differed in Roman Republic and Roman Empire.
crime
In late Republic, courts for specific crimes developed. The worst crimes resulted in exile or capital punishment. Roman law did not presume accused-person guilt or innocence.
In imperial Rome, imperial officials judged crimes. Graduated punishments developed. Consensus established criminal laws. Criminal-law prosecution depended on finding facts.
names
Roman names were given name, followed by gens name, followed by family name.
objects
In Roman law, injured persons got offending animals. Laws did not punish animal owners.
offices
Senate elected all offices with potestas annually. Consuls, praetors, and dictators had no restrictions but had duties. Officials imposed fines up to the limit set by law and issued orders to carry out functions. Same or higher-ranking officials could veto official acts. Large administrative staffs had low rank with little influence.
offices: emperor's court
Emperor had his own court, which took requests for decisions from lower officials and private persons. Imperial orders included obligations in written contracts, anti-divorce laws, marital-gift laws, and illegitimate children. Emperor selected officials from equestrian class.
property law
Under Justinian, all property transfers required no ceremonies, and all property became res nec mancipi.
securities
Rome had no negotiable instruments.
Roman Republic had two citizen classes {Roman classes}, patrician and plebian. Roman Republic first was an aristocracy, with sober, ethical, and patriotic landed men.
Plebians and patricians were equal in power by -300. Plebian, patrician, and equite senatorial class {optimate} became aristocracy.
curia
Under early kings, for religious functions, the people organized into 30 groups {curia} with 10 gens each.
century
The five social classes and the equites had 100-soldier groups {century}. In the social classes, men over 45 were half the centuries. People of certain classes had to bring certain equipment when they reported for compulsory military duty. Patricians and equites had 18 centuries. Less wealthy classes had fewer centuries. Plebians had one century. Later, wealthy had 193 centuries.
Roman Republic had clan members {patrician}| and plebians.
Roman Republic had patricians and other free men {plebian}|.
Aliens {alien, Roman law} were hostile {hostes} or friendly {peregrini}. Clientes were under patrician's legal protection. Praetors used ius gentium in cases involving aliens, because it was universal law. Romans used laws of country from which people came, not laws of country where crime was.
In early Rome, family clans {clan}| were official political units. Family clans were self-governing and enforced clan customs {ius gentilitatis}. Clans {gens} had subclans {domus, clan}, which became independent of original clans. Clan members {gentile, Roman law} had right to vote, take auspices, be priests, make contracts, enforce contracts, make legal marriages {connubium}, and use legis actiones. Clan members had property rights {dominium}. Public laws limited clan chiefs.
Consul, praetor, and dictator had absolute power {imperium, Roman Republic} in military affairs, even over population outside Rome, until -150. The imperium symbol was the fasces.
Legal actions {legis actiones} were wagers on cases {sacramentum}. Legal actions included seizure along with proclamation that something was debt {manus injectio}. Legal actions included attachment to defendant's body {pignoris capionem}. Legal actions included demand for special arbitrator {iudicis aritrive postulationem}. Legal actions included demands for special ways of handling suits {conditionem}. At first, only priests knew law, and legal proceedings were rituals.
Citizens that faced physical punishment appealed to the popular assembly {populus Romanus}.
Laws {Roman Republic law} {law, Roman Republic} were usually senatorial decrees {senatus consulta} or magistrate decisions.
magistrates
Magistrates issued edicts before becoming magistrates, stating how they interpreted laws.
laws: Assembly
Assembly enacted {plebiscite, Rome} some laws {leges}, after presentation from Senate.
laws: injunction
Praetors prevented unlawful acts with injunctions.
laws: types
Laws were divine laws {fas}, moral laws {ius}, and secular laws. Priests and censors administered fas. State administered ius, which was about rightful powers and duties of one human with another.
marriage
In a marriage type {sine manu}, control over wife stayed with wife's father. In a marriage type {cum manu}, control over wife went to husband. Cum manu marriage used a purchase or token purchase. Control was for one year {usus}.
contract
At first, contracts required formal ceremonies. Later, contracts required only promises. Roman law had no bilateral or third-party contracts. Contracts were property transfers {nexum and mancipium}, loans {mutuum}, returnable-item loans {commodatum}, deposits {depositum}, pledges {pignus}, sales {emptio venditio}, hires {locatio condustio}, partnerships {societas}, agencies {mandatum}, and stipulations {stipulatio}. Sales books recorded literal contracts.
property
Property laws about land, livestock, or slaves {res mancipi} transferred in ceremonies. Title to land accrued by property use for periods {prescription, Roman Republic}. Property laws about ships, produce, or tools {res nec mancipi} transferred by tradition or by delivery.
tort
Roman law started imposing penalties for torts, as well as requiring restitution. Restitution was commensurate with dignity loss, not pain or suffering.
tort: negligence
Roman law recognized gross negligence {culpa lata}, as carelessness. Roman law recognized minor negligence {culpa levis}, as poorly conceived or executed action. Roman law recognized contributory negligence.
interest
Simple interest was 12%.
Province aediles and governors published edicts {edict, Roman}|, stating legal principles, protecting rights and claims, and providing remedies. Over time, edicts developed standard formats.
Laws {ius civile} can be about rightful powers and duties of one human with another. New laws can supersede old laws but not violate ius civile. If act was legal under ius civile, new laws about that act either forbade act but did not invalidate act {imperfect law} or penalized act but did not invalidate it {less than perfect law}. Traditional laws, customs, and institutions applied to citizens.
Praetors used law of nations or law of foreigners {ius gentium} in cases involving aliens, because it was universal law. In later Republic, this law began to apply in civil cases as well. Romans used laws of country from which people came, not laws of country where crime was.
Praetors stated legal principles, protected rights, protected claims, and stated lawful remedies {praetorian edict, Roman Republic}. Over time, praetorian edicts developed standard formats. Praetors allowed stipulations before trials. Praetors developed the idea of good faith {fides}. Praetors issued decrees to set aside formal-transaction consequences, especially for minors and debtors. Praetors examined claims before trials. Private citizens acted as judges, with praetor protection and authority.
Praetors and aediles developed law {ius honorarium} {ius praetorium} {praetorian law} [-250], as new situations arose. Praetorian law included general law principles, which applied especially to aliens. Ius praetorium was ius civile supplemented by equity law and natural law.
Roman Republic had officials {Roman Republic officials}. Wise men contributed to law by giving opinions, and rationalized old law to new situations {responsa prudentum}. Lawyers used law of Rome, not provinces. Lawyers were conservative and in agreement about laws. Lawyers drafted wills and business transactions {cautelary practice}. Orators {advocati} specialized in pleading cases in court.
In emergencies, Senate elected one consul {dictator}|, who received unlimited power. Dictator named a soldier and cavalry leader. Dictator had to resign after emergency ended, or after six months. Later, laws checked dictator's power.
Senate elected two praetors {consul, Roman law}| as chief magistrates. Consuls commanded the army [-367]. In war, consuls had absolute power, but, in peace, they consulted with Senate and tribunes. Before nomination before Assembly, religious auspices tested proposed consul.
At first, Assembly delegated right to govern {imperium, praetor} to two magistrates {praetor}|, typically clan chiefs. Praetors had unlimited power {potestas}. Praetors could veto each other.
Later, Senate elected praetors for one year. Praetors administered justice and were just below consuls in power. Later, Senate elected more praetors to be judicial magistrates.
civil case
In later Republic, praetors heard cases more informally than under legis actiones. They wrote cases for trial judges, in standard forms {formula, law}. Judges then decided. The only appeal was to show that judges had decided improperly.
Two men {quaestor}, one for finance and one for administration, were assistants to consuls. Chief magistrate appointed a temporary quaestor to investigate murder.
Two men {censor, Roman law}| counted population {census, Rome}, had five-year terms, typically were former consuls, decided citizen class and tribe, listed senators, had power to remove bad senators, had power of official censure, and controlled morals.
Four men {aedile} managed archives, police, and markets, but had no imperium.
After plebian unrest, Senate created protectors {tribune}| of plebian rights. At first, there were three tribunes, then five, and later ten. The plebian assembly elected tribunes annually. Tribunes could veto Assembly acts. Tribunes were safe from imperium, vetoed magistrates, submitted bills to plebian assembly, and prosecuted criminals. Tribunes acted independently. Tribunes had power only inside Rome.
Senators {Senate} were members for life, unless Senate removed them for bad conduct. Retired consuls and censors became Senators. Senate always had 300 members. It had power to establish martial law and elect dictator in war. It controlled policy, land distribution, treasury, and colonies. Senate met often. Senate at first had only patricians. Later, wealthy men who ranked just below patricians {equite} joined Senate. Roman fasces has SPQR "senatus populus que romanorum" (Senate and people of Rome).
Lenders cancelled loans if ships sank {bottomry}|.
In Hadrian's time, less formal proceedings {causa cognitio} {cognitio} replaced standard forms of presenting cases to trial judges. Praetors investigated cases and stated relief granted by law. Parties submitted written pleadings to judges. Judges ruled. System allowed appeals.
Separate official courts {cognitio extraordinaria} formed. Officials, not private judges as before, gave judgments. Judgments were for specific performance, not just damages. Emperor controlled courts.
Rome had artisan guilds {collegia}.
Romans took some German tribes {foederati}, such as Goths in north Balkans, into service.
Farther regions {province}| became more important in Roman Empire. More people, mostly honorably discharged army veterans, became citizens.
Emperor's court took written requests for decisions from lower officials and private persons and returned written answers {rescript}. Rescripts received the force of law under Hadrian.
Church law {canon law}| {church law} uses Christian concepts and Roman judicial-procedure law. For disputes between Church and state, parties can use church or territorial law.
Church writers {Apologists} wanted Church to be supreme in both spiritual and civil matters. St. Augustine wanted Church to be supreme only in spiritual judgments.
Early religious societies {ecclesia, religion}| developed laws {ecclesiastical law} that became canon law.
Catholic Church altered trial forms {Catholic Church court}, by ending compurgation and ending trial by ordeal or battle. Church used written pleadings, witnesses, and written evidence. Canon law helped change from accusatorial systems, in which injured parties make complaints against other parties, to inquisitorial systems, in which prosecutors bring complaints to courts.
Catholic Church had, and still has, a council {Chancery}. A Cardinal Chancellor, second to Pope, heads the Cancellaria.
Sacra Romana Rota {Rota} is the highest church court.
Europe's legal system {European law} is inquisitorial.
Continental legal systems {inquisitorial system}| depend on ascertaining case facts. Public prosecutors present facts to courts. Prosecutors have more power than in English law. Proceedings are formal and can be secret. European law presumes that accused persons are guilty. Governments can keep accused persons in custody, and accused persons have fewer rights than in English law. Presiding court judges give judgments.
Law not in accord with public good {mala} has no enforcement.
Merchant law {customary law} developed from merchant customs, separate from feudal law and manor law. King or Church sanctioned customary law, to be in accord with natural law and public good.
In France, notaries {notary}| are combination lawyers, court clerks, and judges.
England's legal system {English law} is accusatorial.
Legal systems {accusatorial system}| can accuse people of offenses. Trials are in open courts. Prosecution files complaint against person. Defense answers complaint. Judges' decisions are crucial {legal realism} and can depend on higher authority than written law. Against evidence, custom, majority will, and previous law interpretations, judges can modify law, based on equity and justice.
Laws {case law, English} {common law}| can be about court decisions and society customs, not statutory or regulatory laws. The rule is stare decisis (stand by decided cases), using laws established by previous decisions. Judges settle new cases by extending laws from previous cases but abandon bad precedents. They evaluate how current case differs from, and is similar to, previous cases. Precision and justice have equal value. Britain, United States, and Commonwealth countries use English common law.
county courts {assizes}.
chancellor's court {chancery}|.
legal organization {bar, lawyer}.
In English courts, persons {avoué} {solicitor}| draw documents, prepare cases, and consult barristers. Solicitors are not bar members.
In English courts, solicitors consult second persons {avocat} {barrister}|. Only barristers can be bar members and give law opinions. Only barristers can become judges. Barristers provide opinions to solicitors, recommend for or against going to trial, and conduct trial.
Barristers {junior, barrister} can go higher {leader, barrister} {King's Counsel}, through regulated processes {taking silk}. Juniors prepare pleadings and lesser tasks for leaders. Leaders get double fees. Taking in silk is hiring a leader.
Laws {American law} can include Constitution.
courts
Constitution establishes Supreme Court and lesser courts.
rights
Arresting officers must state accused person's rights before arrest and/or asking questions. Rights {rights, accused} are: right to remain silent, right to know that court can use whatever he or she says against him or her, and right to attorney. Arrested persons can claim or not claim rights {waive rights}. Courts can provide free lawyers.
USA has basic laws {Constitution, USA}. Constitution requires states to recognize other-state laws and actions. It requires states to be republics. It prohibits discrimination against visitors from other states.
Writs {attainder writ} {writ of attainder} can deprive persons of civil rights. Constitution prohibits attainder writs. Only convicted felons lose civil rights.
Constitution prohibits retroactive laws {ex post facto law, Constitution}.
States can return wanted people to other states {extradition}|.
Constitution guarantees persons writ of habeas corpus {habeas corpus, Constitution}.
House-of-Representatives recommendations and Senate trials, needing two-thirds majorities, can remove federal judges or President {impeachment, Constitution}|.
Constitution guarantees jury trials {jury trial, Constitution} in criminal cases and requires trials to be in states where crimes were.
States have no rights to declare federal laws unconstitutional {nullification}|.
People can betray their country {treason}|. Constitution protects subsequent generations from guilt of people convicted of treason.
Constitution has first ten amendments {Bill of Rights}.
Constitution amendment {1st amendment} in Bill of Rights guarantees freedom of religion, freedom of speech, freedom of the press, right to assemble peacefully, and right to petition government for redress of grievances. It prohibits state religion.
Constitution amendment {2nd amendment} in Bill of Rights guarantees that government shall not infringe on right to keep and bear arms, based on need for well-regulated militia.
speculation
Perhaps, to resolve controversies about the amendment, USA can call National Rifle Association (NRA) members a militia. Such militia regulate and train members. All gun-owners must belong to NRA or other militia. NRA and government can then work together, so militia members can keep and bear arms and otherwise enjoy their weapons in ways acceptable to militia, and citizens can expect to live in unarmed societies.
Constitution amendment {3rd amendment} in Bill of Rights prohibits troop quartering in homes, except during war as prescribed by law.
Constitution amendment {4th amendment} in Bill of Rights prohibits unreasonable searches or seizures and requires sworn search warrants stating reasons for searches or seizures, places allowed for searching, and objects to find. It guarantees privacy in homes.
Constitution amendment {5th amendment} in Bill of Rights prohibits prosecution for serious crimes, except in war or public danger, unless grand jury indicts person. It prohibits retrial on same grounds as first trial. It prohibits compelling people to testify against themselves. It prohibits depriving people of life, liberty, or property without due process of law. It prohibits arbitrary or harsh laws. It prohibits taking private property for public use without just compensation but does not abridge eminent domain.
Constitution amendment {6th amendment} in Bill of Rights guarantees speedy and public trials, with impartial juries of citizens of existing political district of crime location. It guarantees right to counsel. It guarantees that accused know prosecution nature and cause. It guarantees that prosecution witnesses confront accused directly, to allow cross-examination. It guarantees that accused can compel witnesses to attend trial.
Constitution amendment {7th amendment} in Bill of Rights guarantees jury trials for criminal cases involving common law and civil cases involving more than $20. It prohibits reexamination of facts determined by juries. It allows appeals only about admissible evidence, law procedures, or laws.
Constitution amendment {8th amendment} in Bill of Rights prohibits excessive bail and prohibits cruel or unusual punishment.
Constitution does not deny or limit rights omitted from Constitution or first eight Bill-of-Rights amendments {9th amendment}.
Constitution amendment {10th amendment} in Bill of Rights grants rights not expressly granted to the federal government, and not expressly denied to states, to the people and states.
Constitution amendment {11th amendment} prevented citizens of one state from suing another state in Supreme Court [1798].
Constitution amendment {12th amendment} defined election procedures for President and Vice-President [1804].
Constitution amendment {13th amendment} abolished slavery [1865].
Constitution amendment {14th amendment} granted all people born or naturalized in USA citizenship and gave all people equal protection under law and equal rights [1868].
Constitution amendment {15th amendment} guaranteed right to vote to people of any color, race, or previous status, such as having been slaves [1868].
Constitution amendment {16th amendment} allows Congress to require income tax from any income source, without using the census or state-apportionment formulas [1913].
Constitution amendment {17th amendment} requires direct election of senators, not election by state legislature [1910].
Constitution amendment {18th amendment} imposed prohibition, as enforced by National Prohibition Act or Volstead Act [1919].
Constitution amendment {19th amendment} gave women right to vote [1920].
Constitution amendment {20th amendment} amended the 12th amendment to make Presidential terms begin on January 20, rather than March 4, and give newly elected Congress responsibility to choose President and Vice-President if Electoral College vote is inconclusive [1933].
Constitution amendment {21st amendment} repealed prohibition [1933].
Constitution amendment {22nd amendment} limits Presidents to two terms [1951].
Constitution amendment {23rd amendment} allows the District of Columbia to elect electors for President and Vice-President [1961].
Constitution amendment {24th amendment} prohibits poll taxes or other taxes that condition the right to vote in federal elections [1964].
Constitution amendment {25th amendment} specifies the line of succession to the Presidency and Vice-Presidency and the methods of selection [1967].
Constitution amendment {26th amendment} set 18 as voting age [1971].
Constitution amendment {27th amendment} prohibits representative salary increases from applying to current Congress [1992].
Laws {international law} can apply to state relations.
public international law
Public international law governs nation relations. Public international law includes state recognition, responsibilities, succession, and jurisdiction. It is also about treaties, diplomacy, immunities, consuls, arbitration, aggression, criminal law, territorial waters, high seas, air space, space, aliens, nationality, and asylum.
public international law: rules
Most rules have wide acceptance, but they are actually unenforceable. Rules developed from customs and international-jurist decisions. Treaties and conventions determine international law.
public international law: war rules
War rules rest on three principles: military necessity, humanity, and chivalry. In ancient times, war was neither just nor unjust and had no regulations. After World War II, soldiers can be responsible for acts committed on command of superiors. Aggressive wars are now crimes, and its makers are criminals.
rivers
On rivers shared or needed by several nations, countries have right of freedom of navigation. Main river-channel center is boundary between two nations.
maritime law
Actions in maritime law are against ships themselves, not against owners or operators. Liability limit is ship and cargo value. Ships are territory of country of registry, except when in port.
travel
Airplane, ship, and railway passengers have freedom of transit. Panama, Suez, and Kiel canals are international and neutral, so passengers and vessels have right of innocent passage.
persons
Individuals in other countries can only ask their governments to deal with other governments. Individuals cannot act against citizens or governments in other countries. Refugees and displaced persons have no rights, because they have no home government. Public international law is not about citizen rights.
Governments represent states {state, nation} {nation, state}. States are geographic areas with autonomous governments that enforce laws and protect public health, safety, and morals.
types
States can be democracies, republics, kingdoms, aristocracies, empires, meritocracies, dictatorships, or totalitarian states.
protections
States protect health by children's programs, hospitals, and research support. They protect safety with army, police, and courts. They control crime within state, prevent war from without state, and prevent rebellion within state. States protect morals by regulating gambling, drug use, animal cruelty, pornography, prostitution, and sodomy, to prevent harm to people and to set tone of social life.
force
States maintain order in territory and use force, if necessary, to cause obedience to authority and law. States must have majority of force within borders. States can control people and their behaviors. States try to preserve themselves against outside forces, typically from other states.
recognition
Other nations recognize states and/or governments. Recognition by other states can be in fact {de facto, recognition} or by law {de jure, recognition}. In civil war, other states can recognize both parties as belligerents.
Someone in states can have legitimate authority {sovereignty}| over territory.
Either birthplace or parent nationality can determine nationality {citizenship}|, causing possible conflict.
Citizens {alien, foreigner}| of one country living in another country deserve protection under host-country laws. Aliens can receive reparations from host country, after exhausting all local remedies. England and USA require that their citizens always have basic rights, wherever they are. Calvo Doctrine is in Latin America.
Foreign-country soldiers {armed forces}| stationed in host country are units of foreign state but must obey local laws. Countries can prosecute or judge such armed forces only with foreign-state consent as defined in treaties.
In Latin-American countries, aliens have no protection under international law and are like nationals under local laws {Calvo Doctrine} {Calvo clause}.
Citizens can only ask their governments to request reparations {compensation, reparations}| from other governments. Compensation basis is supposedly offended government dignity.
Private international-law rules can depend on permanent residence location {domicile}|. Domicile rules caused USA and England not to accede to some private-international-law treaties.
People or objects can be on a state's land but not completely under that state's jurisdiction {extraterritoriality}|, through immunity grants. Ambassadors have immunity.
International law recognizes no right {easement, state}| of public or other-state access by a state's land.
Countries can prohibit things from being carried between two points inside their territory {cabotage}|.
States can own land regions {territory}| that are not states. States can rent territory from other states {lease to state}.
sovereign
States hold territory and have rights in territory. State territory is sovereign property. Sovereignty requires desire and intention to own land and exercise control over land.
territory acquisition
State land occupation can acquire territory. Prescription can acquire territory. Unoccupied-land occupation can acquire territory. Long possession time, without other nations expressing territory rights, can acquire territory. Cession or transfer from one state to another state can acquire territory. After subjugation or conquest, annexation can acquire territory. Accretions and acts of nature can acquire territory. Land discovery can acquire territory.
Regions {trust territory} can be controlled by another country by agreement of all countries.
Territory discovery confers right {inchoate title}| to have time to settle territory.
Territorial seas can extend to 3, 12, or 200 miles from shoreline {territorial limit}|.
States hold their internal waters and territorial seas {territorial waters}|. Bays are in internal waters. Other-nation vessels have right of innocent passage through territorial waters. Currently, all nations control their territorial sea floors. Nations have also established contiguous or customs zones beyond their territorial waters.
Exchanges can be at neutral areas {trading area}|, with laws established by traders.
Landlocked states have right of access to sea {access to sea right}.
Atmosphere {air space}| over states is under state sovereignty. Others have no right of innocent passage through air space. Right to use air space requires international treaty.
Countries can make contract-like agreements {international agreement}, except that they can be valid if made under duress. International agreements can be treaties, conventions, acts, declarations, or protocols. First, authorized diplomats sign agreement, and then home governments ratify it.
Laws {private international law} of relations between citizens of different nations {conflict of laws}| and between aliens and states have developed.
location
Courts use laws, procedures, and remedies {law of the court} {lex fori} of location where plaintiff files action. Document interpretation uses law of place where parties executed contract {lex loci contractus}, where parties executed document {lex actus}, or where property is {lex situ}. Private international law rules can depend on domicile.
treaties
Nations have treaties about private international law. Most such laws use citizenship and nationality to determine which laws apply. Domicile rules caused USA and England not to accede to some private-international-law treaties.
International agreements can be conference agreements {act, conference}.
International agreements can be less formal {convention, law}| {pact, law}.
International agreements can be law-making agreements {declaration, law}|.
International agreements can be supplements to, or minutes of, meetings {protocol, law}|.
International agreements {treaty}| can be formal. Other states can accede to major treaties. States can accede to treaties with reservations or conditions. Parties can intend that treaties end in certain circumstances {rebus sic stantibus}.
Merchant law {commercial law}| has international acceptance. In ancient times, olive branch or peace pipe showed trader peaceful intentions. Then exchanges were at neutral trading areas. Then market districts and traders established laws. Most European commercial law depends on Roman law. In Europe, commercial law is separate from other law and uses special courts.
Maritime laws {maritime law}| have international acceptance. Anyone can arrest pirates, as offenders against international law.
Three resolutions {Uniting for Peace Resolutions} allow General Assembly to pass recommendations, by two-thirds vote, if Security Council fails to act.
Third party can dictate terms to two states {arbitration, law}| {judicial settlement}, after they agree beforehand to abide by the decision. Arbitration types include good office, mediation, and conciliation. Permanent Court of Arbitration is official set of arbitrators.
Documents {compromise, law}| can record dispute settlements.
Arbitration can use a commission, of members from states and third parties, to propose a settlement {conciliation}|.
Arbitration can use a go-between to make and carry proposals {good office}|.
Arbitration can use third party to find compromise {mediation, law}|.
People {diplomat}|, such as ambassadors, can be official representatives of one state to another state. Diplomats must be acceptable to receiving state.
Non-diplomats {consul}| in diplomatic missions handle sending country's affairs but are not official state representatives. Consuls have immunity for official acts. Consuls have right of privacy for themselves and documents.
Host countries can only prosecute diplomats if foreign country grants permission {diplomatic immunity}|.
Missions {diplomatic mission} in other states are not sending-country territory but do have some immunities. Consulates and embassies are free from local taxation.
Diplomacy depends on sending accredited representatives {legation}| of one nation to another nation, using letters of credence.
Diplomacy depends on sending legations to other nations, accompanied by certifying documents {letters of credence}.
States can be independent, federate with other states, or depend on other states {state, relations}. Dependent states can be colonies or protectorates. United Nations can establish protectorate trusteeships. States can have suzerainties or territories. States can rent territory from other states, by lease.
equal status
States, large or small, are equal {equal status} under international law. Territories, protectorates, dominions, and states of unions do not have equal status.
self-defense
States can fight back against other states in case of immediate need, if action is only for protection {self-defense, state}.
States can enter other states or dictate to other states through treaty {intervention}|, for self-defense, in reprisal, or for citizen protection.
States can blockade other states or impose embargos {reprisal, law}|, in response to hostile acts.
States can engage in legal acts against other states {retorsion}|, in reprisal for legal acts.
States can seize property or people {seizure, law}|, in response to hostile acts by other states.
States can conquer or take over other states {succession of states}|. New state must respect property rights, take over old-state obligations, and renegotiate all treaties.
Dependent states {colony, state}| can be another state's dependent possessions.
Neutral states {neutrality}| are neutral only by international treaty.
Dependent states {protectorate}| can have native governments protected by another state. Currently, few protectorates exist.
Other states can control dependent states but not own them {suzerainty}|. Currently, no suzerainties exist.
United Nations can establish protectorates {trusteeship}|.
An international confederation {United Nations, law} has a General Assembly, Security Council, Economic and Social Council, Secretariat, and International Court of Justice.
international councils
Economic, Social, and Cultural Organization (UNESCO), International Atomic Energy Agency (IAEA), International Bank for Reconstruction and Development (IBRD), International Civil Aviation Organization, International Labor Organization (ILO), International Maritime Consultation Organization, International Monetary Fund (IMF), International Refugees Organization (IRO), International Telecommunication Union, Universal Postal Union, World Health Organization (WHO), and World Meteorological Organization are international organizations.
A United-Nations agency {Economic and Social Council} coordinates special agencies and upholds rights and freedoms.
United Nations has a budget-making part {General Assembly}.
An international court {International Court of Justice} has 15 judges. Terms are three years. Court can decide cases using equity and justice {ex aequo et bono}. Only nations can use it, and it is purely voluntary.
United Nations has a civil service {Secretariat}.
United Nations has a council {Security Council} to uphold peace.
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Date Modified: 2022.0225