Issues:
What is the traditional definition of public international law?
Brierly: "The law of nations or international law may be defined as the body of rules and principles of action which are binding upon civilized states in their relations with one another."
Hackworth:"International law consists of a body of rules governing the relations between states."
E. de Vattel: "The law of nations is the science of the rights which exists between nations or states and of the obligations corresponding to these rights."
What was the orthodox legal opinion concerning the issue whether rules of public international law affect the individual?
William W. Bishop writes in International Law 3rd edition:
"There is nothing inherent in the individual to make him an "unsuitable" person for international law, though the orthodox theory has been that normally individuals are not persons of international law- that the rights and duties involved under international law are those of the state, with only national law applying to individuals." (page 460)
Consider the issue of state responsibility and the 1891 "case" of the Lynching of Italians in New Orleans and the resultant agreements between the United States and Italy as illustrative of orthodox approach to role of individuals.
Remember the resolution of this case was that the government of the United States paid to the government of the Kingdom of Italy twenty-four thousand dollars.
What is the twentieth century view in regard to whether individuals are affected by rules of public international law?
"Nonetheless, there is considerable evidence in both practice and theory that the international legal personality of the individual is becoming recognized." ( Bishop page 460)
The International Military Tribunal At Nuremberg writes:
"It was submitted that international law is concerned with the actions of sovereign States, and provides no punishment for individuals; and further, that where the act in question is an act of state, those who carry it out are not personally responsible, but are protected by the doctrine of sovereignty of the state. In the opinion of the Tribunal, both these submissions must be rejected. That international law imposes duties and liabilities upon individuals as well as upon states has long been recognized...Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced."
What is the difference between public international and private international law?
Castel says: "Private International Law is the body of rules dealing with the effect of legally relevant foreign elements on the decision of a civil case."
What are the sources of law for rules of public international law? What are the sources of law for rules of private international law?
Why do we say that in conflicts of law (private international law) there are three important considerations:
1. Brierly, The Law of Nations, 6th Edition. Series of readings found on page 1 to 20 of the International Law Reading Booklet.
2. Ian Brownly, Principles of Public International Law Series of Readings found on Pages 21 to 40 of the International Law Reading Booklet.
3. Kelsen,The Essence of International Law, pp. 115 to 123 in
The Relevance of International Law.
(Book on Reserve in Einstein Library)
4. Von Glahn, The Law of Nations, pp. 3 to 9.
(Book on Reserve in Einstein Library)
5. Lynchings of Italians in New Orleans, 1891 found in Bishop,
International Law: Cases and Materials, pp. 777 to 779
(Book on Reserve in Einstein Library)
Return to International Law Syllabus
|
Comments to:
Stephen Ross Levitt Updated: February 1999 Copyright Stephen Ross Levitt and Liberal Arts Department |