Sources of International Law

Customary law and conventional law are primary sources of international law. Customary international law results when states follow certain practices generally and consistently out of a sense of legal obligation. Recently the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may take any form that the contracting parties agree upon. Agreements may be made in respect to any matter except to the extent that the agreement conflicts with the rules of international law incorporating basic standards of international conduct or the obligations of a member state under the Charter of the United Nations. International agreements create law for the parties of the agreement. They may also lead to the creation of customary international law when they are intended for adherence generally and are in fact widely accepted. Customary law and law made by international agreement have equal authority as international law. Parties may assign higher priority to one of the sources by agreement. However, some rules of international law are recognized by international community as peremptory, permitting no derogation. Such rules can be changed or modified only by a subsequent peremptory norm of international law.

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 invoked 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.

http://topics.law.cornell.edu/wex/International_law

Answer the following questions:

1. What are the basic concepts of law in national legal systems?

2. What is International Law based upon?

3. What are the major fields of International Law?

4. What are the primary sources of International Law?

5. What is Customary International Law?

6. What does Conventional International Law include?

7. When does peremptory take place?

8. What are the secondary sources of International Law?

9. What are international claims?

TEXT 3

What Does an International Lawyer Do?

Written By: Charity Delich

Read the text paying attention to the italicized words and explain the types of international lawyers and their working responsibilities.

An international lawyer may work on a wide variety of issues that have international aspects to them. Most of these lawyers specialize in one specific area of law. For example, an international lawyer may handle corporate issues, such as negotiating a business deal for companies located in different countries. Alternatively, an international lawyer can focus on litigating cases involving citizens or businesses with locations in multiple countries. International lawyers may also specialize in working on inter-nation agreements or treaties.

Some of the common areas requiring the services of an international lawyer include international trade, international business, international tax, and international law. Typically, an international trade lawyer counsels clients on the rules associated with trading between countries. These lawyers can offer advice about customs requirements for countries that trade across borders. Additionally, international trade lawyers may assist clients with financing foreign transactions by preparing and negotiating documentary letters of credit or other legal trade documents. International trade lawyers may also interact with the World Trade Organization, an organization that was formed to formally regulate international trade. An international lawyer who specializes in business generally deals with corporate issues abroad. These types of lawyers often negotiate contracts that impact more than one country. For example, an international business lawyer may handle a contract that involves the merger of companies located in different countries. In addition, international business lawyers may advise on setting up and dissolving foreign companies as well as international rules and regulations applicable to global businesses.

Tax lawyers who work in the global arena typically advise individuals or entities with sources of income outside their domestic countries. Generally, they have a solid understanding of how the tax laws in multiple countries work and often counsel clients about the tax implications associated with cross-border transactions. In addition, they can help businesses and individuals structure deals in a manner that helps to reduce their worldwide effective tax rates. Other job functions for an international tax lawyer include maximizing foreign tax credits, excluding foreign tax income, and deferring income.

An international lawyer typically advises clients about issues relating to international law. They may appear before the World Court or international arbitration tribunals in order to litigate cases. International law lawyers can also advise their clients on issues relating to human rights. For example, a lawyer may counsel a government client about how an inter-nation human rights treaty that has been ratified by that government impacts the government’s torture policies. International law lawyers may also prosecute or defend clients in war crime cases.

Match two parts of the sentences in two columns:

1.	An international lawyer may work on	a)	clients on the rules associated with trading between countries.
2.	An international trade lawyer deals with	b)	advise their clients on issues relating to human rights.
3.	An international business lawyer relates to	c)	advising individuals or entities with sources of income outside their domestic countries.
4.	An international tax lawyer is responsible for	d)	a wide variety of issues that have international aspects to them.
5.	International law lawyers can also	e)	corporate issues abroad.

TEXT 4

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