Characteristics of public international law
There is no doubt that society, any society, needs a system of rules that facilitate the process of regulating relations between its citizens, and thus be a decisive point that stands at their differences, and finds solutions to their life problems, so the rules of law are the ones that show their rights and duties, and the application of this law is issued Usually from a higher authority, whatever its nature. People have realized the importance of the law, and have tried to submit to its rules, in order to organize human life.
Public international law
Countries differed in agreeing to name this law, as it has been called by different names, such as the law of nations, the law of human beings, the law of peoples, the law of war and peace, and the law of international relations..., as the term international law appeared for the first time by the British jurist Jeremy Bentham After publishing his book in the year 1780 under the title 'An Introduction to Moral and Legislative Principles'.
Definition of public international law
It is a set of legal rules that aim to regulate relations between states and organizations of the international community, such as international organizations, in the event of war and peace.
The difference between international law and other laws
Public international law is related to a set of regulations and rules that apply to the nature of relations between the elements of the international community such as states and related international persons and international organizations, compared to private international law that relates to a set of legal rules that indicate domestic law in the event of an international legal relationship that includes a foreign element. In the sense that it pertains to individuals of different countries with regard to their civil and political rights in the event that they are foreigners outside the borders of their state, and although they are characterized by international character, they differ in terms of location and field of application. countries to each other.
In addition to the difference between public international law and international ethics that relate to the concept of the conscience of the international community, which stipulates several international principles and values such as the principle of helping afflicted countries, whether from natural or human causes, and is also characterized by non-compulsory so that states are not prosecuted if they do not adhere to the principles of legal ethics. , in contrast to international law, which is mandatory in regulating the relations of states with each other in the event of peace or war.
Sources and scope of public international law
Public international law has three main sources, which are international treaties and agreements, customs and traditions, and general rules of law, in addition to judicial decisions from the International Court of Justice.
International treaties are a set of duties and obligations that countries agree upon at their will by signing official documents that include these duties.
As for customs and traditions, they express continuous and recognized practices among states. Continuous practice often turns into a legal obligation, as is the case with the decisions of international courts and legal studies, which also took their role as an important source of convincing sources for international customs and laws. The general rules of international law are recognized. In general, it is one of the countries and the main legal organizations in the world, which can reach the mandatory stage, so that it applies to all countries without any exceptions.
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