INTERNALIZATION OF LAW. GROWTH OF INTERNATIONAL LAW

Many countries face similar social, economic and political problems and consequently have adopted similar legal solutions. Some areas of the law, such as intellectual property and human rights, are particularly concerned with developing laws which are valid internationally. With more interna­tional business and travel and a growing awareness that many socio-eco­nomic and environment problems need global solutions, the future of the world of law appears to be one of internationalization.

There are two main kinds of international law: private and public. The former concerns the role of foreign laws within a particular country. For example, if an Englishman wants to sell property he owns in France to anoth­er Englishman, any English court must consider French law when deciding the legality of the contract of sale. Public international law, on the other hand, deals with relations between states.

International law is not new. Nations have always made political and economic treaties with each other. In Medieval Europe, the Canon Law of the Catholic Church had an important role. Law Merchant regulated trade across political frontiers. In the fifteenth century, the Church mediated rivalry between Spain and Portugal by dividing the world into their respective areas of interest. The 1648 Treaty of Westphalia, which called for equal treatment everywhere of Protestants and Catholics, can be seen as an early international human rights law. Nevertheless, most international laws have been created in the twentieth century.

The League of Nations was set up after World War I to regulate disputes between nations. However, it failed to stop the tension that led to World War II, partly because some powerful countries did not join (U. S.) and others left when they disagreed with its decisions (Germany, Japan). But it led to important international legislation like the Geneva Convention on the treatment of prisoners of war and the 1951 Convention on the Status of Refugees.

There are some important differences between international laws and those created inside individual states. Domestic laws are passed by legisla­tive bodies, most of which have some popular political support. International laws, on the other hand, are created by agreements among governments. As a result, it is not as clear whether they have the support of individual citizens. Enforcement of international law is also different. Many interna­tional agreements are not binding — for example UN General Resolutions. Even when nations agreed to be bound, as in the case of signatorities of the 1966 International Convention on Civil and Political Rights, it is unclear how obligations are to be enforced.

Task 1. Read the texts for general understanding. What do you think is the international problem which would most benefit for greater internationalization of law? Write a paragraph giving reasons, then discuss it in the class.

Task 2. Render the text.

Text 3

Date: 2015-01-02; view: 1019