3 International Law and its Various Names

00:04:21
https://www.youtube.com/watch?v=F27WingaET0

Ringkasan

TLDRThis course is focused on public international law, distinct from private international law, which deals with conflicts between individual or corporate entities across borders. Public international law governs the legal relations between states and international bodies. Historically called 'Yus ganum,' akin to natural law derived from reason, international law addresses issues like treaties and relations between nations, not private transactions. The course won't cover private international law, which resolves legal conflicts involving different jurisdictions in private matters.

Takeaways

  • 🌍 Public international law governs the legal relations between countries.
  • ⚖️ Private international law handles cross-border individual or corporate cases.
  • 📜 Yus ganum was ancient international law akin to natural law.
  • 🏛️ International law is derived from treaties and historical practices.
  • 🤝 The course will explore public law, not private law issues.
  • 📝 One of the oldest treaties is the Peace Treaty of Kadesh.
  • 🌐 International law acts as the 'law of nations.'
  • 📚 This course offers a structural view of today's international law.

Garis waktu

  • 00:00:00 - 00:04:21

    This course focuses on public international law, which differs from private international law. Private international law resolves the legal conflicts between individuals or corporations when these relationships extend beyond one state, often referred to as 'conflict of laws.' This involves determining applicable laws and jurisdictions through domestic or internationally common rules, often seen in treaties. In contrast, public international law pertains to laws governing international relations between public entities, often termed as 'the law of nations.' Compared to the ancient Roman concept of Yus Ganum—law common to Rome and external tribes—modern international law has developed a structured approach, distinguishing itself from natural law and highlighting treaties like the ancient Peace Treaty of Kadesh. The course will delve deeper into modern international law foundations in subsequent lectures.

Peta Pikiran

Video Tanya Jawab

  • What is the difference between public and private international law?

    Public international law deals with relations between nations, while private international law deals with cross-border relations between individuals and corporations.

  • Can you give examples of issues in private international law?

    Private international law issues include cases where individuals from different countries are involved, such as international marriages or business transactions that span multiple countries.

  • What is the focus of this course?

    The course focuses on public international law, which governs relations between states and international entities.

  • How is international law historically referred to?

    Historically, international law was known as 'Yus ganum' or the law of nations, a term still reflected in several modern European languages.

  • What is one of the oldest recorded treaties in history?

    One of the oldest recorded treaties is the Peace Treaty of Kadesh, signed around 1259 BC between the Hittites and the Egyptians.

  • What does public international law encompass?

    Public international law includes the legal framework among sovereign states and international organizations, governing matters like treaties and diplomatic relations.

  • Is the course covering private law issues?

    No, this course will not address transnational private law issues, focusing instead on international relations among public entities.

Lihat lebih banyak ringkasan video

Dapatkan akses instan ke ringkasan video YouTube gratis yang didukung oleh AI!
Teks
en
Gulir Otomatis:
  • 00:00:00
    [Music]
  • 00:00:09
    this course is about international law
  • 00:00:11
    but as you've probably heard in the
  • 00:00:13
    teaser one can be even more precise by
  • 00:00:16
    saying that it is about public
  • 00:00:19
    international law what does that mean
  • 00:00:22
    using the adjective public to describe
  • 00:00:25
    international law is in contrast to
  • 00:00:28
    private international law
  • 00:00:31
    private international law is the law
  • 00:00:33
    applicable to the relations between
  • 00:00:35
    individuals and corporations when those
  • 00:00:38
    relations are international that is when
  • 00:00:41
    those relations are not entirely located
  • 00:00:44
    in one
  • 00:00:45
    state private international law is at
  • 00:00:48
    issue for instance when a Frenchman
  • 00:00:51
    marries an Argentinian girl in Moscow
  • 00:00:54
    they settle and buy a flat in South
  • 00:00:56
    Korea have kids in Australia and they
  • 00:00:59
    find finally divorce in South Africa
  • 00:01:02
    many questions will arise which judge
  • 00:01:05
    may actually adjudicate on the divorce
  • 00:01:08
    and which law applies to it private
  • 00:01:12
    international law is also at stake for
  • 00:01:14
    instance if a chinese company sells
  • 00:01:16
    Goods to a Californian company and that
  • 00:01:19
    they are those goods are shipped on
  • 00:01:20
    board a Danish cargo which is insured in
  • 00:01:23
    Switzerland and which sinks off the
  • 00:01:26
    coast of India because of of a collision
  • 00:01:28
    with an oil tanker flagging the flag of
  • 00:01:31
    of Panama well the same questions arise
  • 00:01:34
    which court may hear the case and which
  • 00:01:36
    law
  • 00:01:37
    applies private international law is
  • 00:01:40
    sometimes called conflict of laws
  • 00:01:43
    because it is about resolving the
  • 00:01:45
    conflict between the various domestic
  • 00:01:48
    laws and jurisdictions that could
  • 00:01:50
    potentially apply in a case and choosing
  • 00:01:54
    the right one that choice is usually to
  • 00:01:57
    be made by application of domestic rules
  • 00:01:59
    or by rules that are common to States
  • 00:02:02
    and the rules that are contained in
  • 00:02:04
    treaties that those states have
  • 00:02:06
    contracted private international law is
  • 00:02:09
    a very important field of law today but
  • 00:02:12
    this course will not address those
  • 00:02:14
    transnational private law issues rather
  • 00:02:17
    the course will address the law
  • 00:02:19
    applicable between public entities that
  • 00:02:22
    are engaged in international relations
  • 00:02:25
    it will be about the law of what the
  • 00:02:27
    newspapers called the International
  • 00:02:30
    Community public international law or to
  • 00:02:33
    make it short international law is
  • 00:02:36
    sometimes called the law of
  • 00:02:38
    nations in Roman times Roman law was
  • 00:02:42
    applicable between the citizens of Rome
  • 00:02:45
    while the law applicable between the
  • 00:02:47
    Roman Republic or the Roman Empire and
  • 00:02:50
    the tribes and kingdoms of the rest of
  • 00:02:52
    the world that law was called Yus ganum
  • 00:02:56
    Yus ganum was common to both the Romans
  • 00:02:59
    and and the rest of the world it was set
  • 00:03:02
    to be common to both because it was said
  • 00:03:05
    to derive from reason and was close to
  • 00:03:08
    natural law Yus ganum was human whereas
  • 00:03:12
    yiv was specific to a people the Roman
  • 00:03:16
    people today international law is still
  • 00:03:19
    referred to as l in French or V in
  • 00:03:24
    German or Vare in Dutch which are all
  • 00:03:27
    translations of the old yum
  • 00:03:31
    international law may still be called by
  • 00:03:33
    its Roman name today and treaties
  • 00:03:35
    between kingdoms cities and Empires may
  • 00:03:38
    have existed for thousands of years and
  • 00:03:41
    in fact one of the oldest recorded
  • 00:03:44
    treaty in human history is the peace
  • 00:03:46
    treaty of cadesh which had been
  • 00:03:49
    contracted around
  • 00:03:51
    1,259 BC between the Hittites and the
  • 00:03:55
    Egyptians however the intellectual and
  • 00:03:58
    structural Foundation of international
  • 00:04:00
    law as we know it today is much more
  • 00:04:03
    recent and this is what we are going to
  • 00:04:06
    see in the next
  • 00:04:07
    [Music]
  • 00:04:19
    video
Tags
  • public international law
  • private international law
  • Yus ganum
  • law of nations
  • international relations
  • treaties
  • conflict of laws