, International Law
Chapter 1 Introduction to International Private Law and European
Law
1.1 Introduction to International Private Law
International law is law agreed by two or more states and is applicable to those
states and in most cases their nationals. It is laid down in rules referred to as
Treaties, Conventions, Regulations and Declarations. Most states around the world
have signed up to several thousand of these rules, each state being referred to as a
Contracting State of this Treaty or that Convention. The effects of signing a Treaty or
Convention can vary. States that sign a Treaty or Convention agree to be bound by
its rules. Sometimes states reserve the right to determine at a later date to what
extent a treaty or convention will affect the state or its nationals.
International law can be divided into International Public Law and International
Private Law.
International Public Law is concerned with such issues as the set-up of international
institutions (the United Nations, the European Community, and the European Court
of Human Rights), human rights (European Convention on Human Rights) and the
extradition of nationals from another country to their home country.
The aim of International Private Law ( conflict of laws) is to solve problems in
international legal relationships which arise from different legal systems (every
country has its own legal system).
,International Business Law as a part of International Private Law is a specific field in
itself. Until recently every country had its own ‘international private law’. Various
treaties covering wider areas of International Private Law were drawn up to offer
guidance to the use and development of International Private Law.
, 1.2 Introduction to European Law
European Law in itself is also International Law. One of the main differences is the
fact that all EU law is based on one Treaty, the Treaty on the Functioning of the
European Union (TFEU), instead of numerous Treaties on various subjects. Another
difference is that several institutions and types of legislation are based on this TFEU,
and this is unusual in the field of International Private Law.
1.2.1 The institutions of the EU
EU institutions are unique. They do not correspond to any other institutions at either
national or international level nor do they have any connection with Treaties other
than the Treaty on the Functioning of the European Union (TFEU). The institutions of
the EU are:
- The European Parliament
- The European Council
- The Council
- The European Commission
- The Court of Justice of the European Union
- The European Central Bank
- The Court of Auditors
Chapter 1 Introduction to International Private Law and European
Law
1.1 Introduction to International Private Law
International law is law agreed by two or more states and is applicable to those
states and in most cases their nationals. It is laid down in rules referred to as
Treaties, Conventions, Regulations and Declarations. Most states around the world
have signed up to several thousand of these rules, each state being referred to as a
Contracting State of this Treaty or that Convention. The effects of signing a Treaty or
Convention can vary. States that sign a Treaty or Convention agree to be bound by
its rules. Sometimes states reserve the right to determine at a later date to what
extent a treaty or convention will affect the state or its nationals.
International law can be divided into International Public Law and International
Private Law.
International Public Law is concerned with such issues as the set-up of international
institutions (the United Nations, the European Community, and the European Court
of Human Rights), human rights (European Convention on Human Rights) and the
extradition of nationals from another country to their home country.
The aim of International Private Law ( conflict of laws) is to solve problems in
international legal relationships which arise from different legal systems (every
country has its own legal system).
,International Business Law as a part of International Private Law is a specific field in
itself. Until recently every country had its own ‘international private law’. Various
treaties covering wider areas of International Private Law were drawn up to offer
guidance to the use and development of International Private Law.
, 1.2 Introduction to European Law
European Law in itself is also International Law. One of the main differences is the
fact that all EU law is based on one Treaty, the Treaty on the Functioning of the
European Union (TFEU), instead of numerous Treaties on various subjects. Another
difference is that several institutions and types of legislation are based on this TFEU,
and this is unusual in the field of International Private Law.
1.2.1 The institutions of the EU
EU institutions are unique. They do not correspond to any other institutions at either
national or international level nor do they have any connection with Treaties other
than the Treaty on the Functioning of the European Union (TFEU). The institutions of
the EU are:
- The European Parliament
- The European Council
- The Council
- The European Commission
- The Court of Justice of the European Union
- The European Central Bank
- The Court of Auditors
