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.
Outline of Knowledge Database Home Page
Description of Outline of Knowledge Database
Date Modified: 2022.0225