Relationship between International Law, Private International Law, Public International Law, and International Economic Law

International law includes the latter three.

Private international law is mainly concerned with the resolution of various conflicts of laws that occur in the civil and commercial relations between countries. With mostly selective provisions.

Public international law is concerned with the sovereignty of states, such as the division of territorial waters, the exercise of the powers of states and so on.

International economic law, as its name implies, is the mediation of various legal relations in international economic trade.

I: the basic principles of international private development:

1, the principle of sovereignty.

2, the principle of equality and mutual benefit.

3, the principle of international coordination and cooperation. (The principle of keeping a promise)

4. The principle of protecting the legitimate rights and interests of the weaker party.

Two, public international law is a special legal system, compared with domestic law, it has the following main features:

1, the main body of international law is mainly the state, at the same time in certain conditions and within a certain scope also includes political entities similar to the state and the state composed of international organizations. Under certain special conditions, individuals can also become subjects of international law.

2, international law is the law between the state, not the law above the state. That is, there is no legislature beyond the state to make laws and then impose them on the countries. The principles, rules and systems of international law that are binding on states are formulated by states through agreement.

3, international law does not exist beyond the state's mandatory implementation of the law, the implementation of international law is mainly dependent on the behavior of the subjects of international law themselves. When international law is undermined and the rights of the subjects of international law are undermined, the subjects of international law through self-help or collective sanctions in order to defend the legitimate rights and interests of the subjects of international law and to safeguard the implementation of international law.

Third, international economic law characteristics:

1, first of all, as far as the subject of international economic law, in addition to including states and international economic organizations, but also includes natural and legal persons and other economic entities.

2. Secondly, as far as the object of adjustment of international economic law is concerned, it is international economic relations in a broad sense.

3, again, the norms of international economic law, is manifested in the legislation of a country to adjust the economic relations involving foreign countries, as well as international conventions and international practices in the various legal norms of the general term.

4, through the above analysis of the characteristics of international economic law, we can draw the following conclusions: it is because of the international economic law has its own unique subject, the object of adjustment and the legal norms appropriate to this, making it an independent legal sector. That is, an independent judicial system.

Expanded Information:

International law is summarized in seven basic principles: namely, sovereignty, recognition, consent, fidelity, freedom of the high seas, international responsibility and self-defense.

1, sovereignty

(1), in accordance with international law, *** at all sovereign states are equal. They can only exercise jurisdiction over persons and things within their territory, and only in exceptional cases (such as the right of hot pursuit from the territorial sea to the high seas or the right of retaliation) are they allowed to exercise

(2), make jurisdiction over persons and things outside their territory. No subject of international law may be subjected to any additional international obligation without its consent, except by the rules of customary international law of general application.

2. Recognition

(1) The main effect of recognition is to acknowledge the existence of an entity as a subject of international law, or to recognize its head as a representative of the state with which it wishes to maintain diplomatic relations. The main form of recognition is the recognition of a state or government exercising de facto or de jure jurisdiction over a territory, referred to as de facto and de jure recognition.

(2) Recognition may be unconditional or conditional; it may be express or implied. Recognition may also not be comprehensive, but limited to recognizing a group of persons as a belligerent or insurgent group if those insurgents have in fact taken control of part of the territory of the State. Recognition is in principle discretionary, but premature recognition of a belligerent or insurgent group in another State is incompatible with the exclusive domestic jurisdiction of that State and is therefore unlawful.

3. Consent

(1) A subject of international law may, in concluding an agreement, without prejudice to the rights of third parties, modify or supplement a rule of customary international law or a general principle of law recognized by civilized nations. Consent given in compliance with the requirements of international law establishes for the contracting parties their mutual rights and obligations. The suspension, modification and termination of an agreement concluded by consent of the contracting parties shall also be subject to the consent or acquiescence of the contracting parties.

4. Faithfulness

In the early stage of the development of international law, the so-called faithfulness mainly refers to the non-repudiation. Later on, the meaning of faithfulness gradually came to be consistent with the requirements of fairness, reasonableness and common sense. The contracting parties, or the party responsible for its own unilateral acts, must interpret and implement the agreement in good faith.

5. Freedom of the High Seas

The rule of freedom of navigation on the high seas does not authorize any subject of international law to occupy any part of the high seas. In time of peace, a State may exercise jurisdiction only over ships entitled to fly its flag; while in time of war, it may interfere with the navigation of enemy and neutral States in accordance with the rules of naval warfare and the statute of capture. The utilization of the high seas, the airspace above the high seas and the seabed must take reasonable account of the interests of other States. Piracy and the slave trade are illegal uses of the high seas.

6. International Responsibility

The rules on international responsibility are subject to two premises.

(1) that a breach of an international obligation by a subordinate organ of a subject of international law constitutes a wrongful act or an international tort;

(2) that such an international tort gives rise to liability for compensation. The obligations imposed by these rules are independent of the will of any individual subject of international law, but they may be modified by consent and acquiescence, and they may be reinforced by consensual rules prescribing penalties of the kind found in domestic criminal law or waived by acquiescence and non-exercise of the right (also known as extinction of the statute of limitations).

7. Self-defense

Customary international law permits a subject of international law to take measures of self-defense against the wrongful acts of other subjects of international law, as well as against the acts of a person, ship, or aircraft that are not protected by any other subject of international law. Self-defense must be compelling and urgent. Self-defense is authorized only to repel an immediate and urgent invasion.

Reference:

Baidu Encyclopedia: International Law

Reference:

Baidu Encyclopedia: Private International Law

Reference:

Baidu Encyclopedia: Public International Law

Reference:

Baidu Encyclopedia: International Economic Law