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INTERNATIONAL LAW

International law deals with the relationships among nations both in war and in peace. It concerns trade, communications, boundary disputes, methods of warfare and many other matters. Laws to regulate international relations have been developed over the centuries by customs and treaties. But international law, unlike other branches of law, is difficult to enforce. International law covers such matters as: arms control, extradition, hijacking and piracy, human rights, territorial waters, uses of outer space, uses of ocean, war crimes.

International law consists of rules and principles that govern the relations of nations with each other. International law includes the basic, classic concepts of law in nation legal systems – status, property, obligation, and tort (or delict). Customary law and conventional law are primary sources of international law.

The basic rules of international customary law can be summarized in the following fundamental principles: good faith, freedom of seas, international responsibility, and self-defence. Conventional international law derives from international agreements, which create law for the parties of the agreements.

General principles common to systems of national law is a secondary source of international law. There are situations where neither conventional nor customary international law can be applicable. In this case a general principle may be considered as a rule of international law because it is a general principle common to the major legal systems of the world (and not inappropriate for international claims).

International law imposes upon the nations certain duties with respect to individuals. It is a violation of international law to treat an alien in a manner that does not satisfy the international standard of justice. However, if there is no specific agreement, an individual cannot bring the complaint. Only the state of which he is a national can complain of such a violation before an international tribunal.

The sphere of freedom of action for subjects of international law is governed primarily by the rules on sovereignty. The interaction of these rules has brought about secondary rules and legally determined situations. Five of these are of special importance: territory, diplomatic law, and immunity; the protection of nationals abroad; freedom of commerce and navigation; extradition and asylum; and succession to international rights and obligations.

International organizations play an important role in the relations between nations. Their impact on international law is essential. The most influential among international organizations is the United Nations Organization (UN) which was created on June 26, 1945. Ukraine is one of the founding members of this organization. The declared purposes of the United Nations are to maintain peace and security, to develop friendly relations among nations, to achieve international cooperation in solving international problems. The International Court of Justice is established by the UN Charter as its principal judicial organ.