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Jus Cogens , Peremptory norms explained | Lex Animata | Hesham Elrafei
 
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What is Jus Cogens ( Peremptory norms ) ? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This animation video visualize and simply the concept of Jus Cogens in International law as per the Article 53 of the Vienna Convention on the Law of Treaties 1969, the video examines the following in terms of : definition and meaning of the term, origin in the roman law ( JUS STRICTUM & JUS DISPOSITIVUM ) , example of jus cogens norms ( genocide , crimes against humanity , slavery trade , torture, use of force, piracy , violation of human rights etc ) and the legal effect of an agreement violating a jus cogens norm: void.
Views: 60817 Hesham Elrafei
Jus cogens and human rights
 
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Subject: Human Rights and Duties Paper: International Human Rights Law Module: Jus cogens and human rights Content Writer: Prof. Nitin Gomber
Views: 746 Vidya-mitra
What is PEREMPTORY NORM? What does PEREMPTORY NORM mean? PEREMPTORY NORM meaning
 
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What is PEREMPTORY NORM? What does PEREMPTORY NORM mean? PEREMPTORY NORM meaning - PEREMPTORY NORM definition - PEREMPTORY NORM explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. A peremptory norm (also called yus cogens or ius cogens, Latin for "compelling law") is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no universal agreement regarding precisely which norms are yus cogens nor how a norm reaches that status, but it is generally accepted that yus cogens includes the prohibition of genocide, maritime piracy, slaving in general (to include slavery as well as the slave trade), torture, refoulement and wars of aggression and territorial aggrandizement. Recent scholarship has also proposed the idea of regional yus cogens. Unlike ordinary customary law, which has traditionally required consent and allows the alteration of its obligations between states through treaties, peremptory norms cannot be violated by any state "through international treaties or local or special customs or even general customary rules not endowed with the same normative force". Discussions of the necessity of such norms could be traced as far as 1758 (Emmerich de Vattel, Droit des gens) and 1764 (Christian Wolff, Jus Gentium), clearly rooting from principles of natural law. But it was the judgments of the Permanent Court of International Justice that indicate the existence of such a peremptory norm. In the Wimbledon Case in 1923, not mentioning peremptory norms explicitly but stating how state sovereignty is not inalienable. Under Article 53 of the Vienna Convention on the Law of Treaties, any treaty that conflicts with a peremptory norm is void. The treaty allows for the emergence of new peremptory norms, but does not specify any peremptory norms. It does mention the prohibition on the threat of use of force and on the use of coercion to conclude an agreement: "A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character." The number of peremptory norms is considered limited but not exclusively catalogued. They are not listed or defined by any authoritative body, but arise out of case law and changing social and political attitudes. Generally included are prohibitions on waging aggressive war, crimes against humanity, war crimes, maritime piracy, genocide, apartheid, slavery, torture. As an example, international tribunals have held that it is impermissible for a state to acquire territory through war. Despite the seemingly clear weight of condemnation of such practices, some critics disagree with the division of international legal norms into a hierarchy. There is also disagreement over how such norms are recognized or established. The relatively new concept of peremptory norms seems to be at odds with the traditionally consensual nature of international law considered necessary to state sovereignty. Some peremptory norms define criminal offences considered to be enforceable against not only states but also individuals. That has been increasingly accepted since the Nuremberg Trials (the first enforcement in world history of international norms upon individuals) and now might be considered uncontroversial. However, the language of peremptory norms was not used in connection with these trials, rather the basis of criminalisation and punishment of Nazi atrocities, was that civilisation could not tolerate their being ignored because it could not survive their being repeated. There are often disagreements over whether a particular case violates a peremptory norm. As in other areas of law, states generally reserve the right to interpret the concept for themselves. Many large states have accepted this concept. Some of them have ratified the Vienna Convention, while others have stated in their official statements that they accept the Vienna Convention as "codificatory". Some have applied the concept in their dealings with international organizations and other States.
Views: 1254 The Audiopedia
Jus cogens Meaning
 
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Video shows what jus cogens means. A constraining law or peremptory norm; a fundamental principle of international law considered to be accepted by all states.. Jus cogens Meaning. How to pronounce, definition audio dictionary. How to say jus cogens. Powered by MaryTTS, Wiktionary
Views: 3377 SDictionary
Identifying jus cogens norms in human rights law
 
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Subject: Human Rights and Duties Paper: International Human Rights Law Module: Identifying jus cogens norms in human rights law Content Writer: Prof. Nitin Gomberc
Views: 219 Vidya-mitra
JUS COGENS | PACTA SUNTA SERVANDA | REBUS SIC STANTIBUS | INTERNATIONAL LAW | NADEEM HAIDAR
 
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jus cogens, PACTA SUNTA SERVANDA, rebus sic stantibus .. principle of treaties
The notion of erga omnes and its legal implications
 
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C2V10DEF.mp4 LVNIHLXX2017-V002900
Jurisdiction of States explained | International Law | Lex Animata  | Hesham Elrafei
 
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States jurisdiction in international law : concept, types and examples. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs, and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , however, there must be a link , between the individual , the offence and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors. State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs. and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , in relation to civil and criminal matters. however, there must be a link , between the individual , the offence , and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors the first base of jurisdiction, is the territorial principle , and it means that the local court power, is geographically restricted, within the borders of that state. However, As one offence may take place in more than one single country, the territorial jurisdiction is divided into 2 categories, subjective and objective. the subjective principle, is exercised by the state in which the offence is started , while the objective principle, is exercised by the state in which the offence is completed. For example, a fraud can be committed by someone in ireland, against another in england. or a shooting incident , can take place on the borders of two countries, on the other hand, the state power is not absolute within its territory , as certain persons, like diplomats. are immune, from the local courts jurisdiction, the nationality of the parties, is the second ground for state jurisdiction, as a state can exercise its jurisdiction, beyond its territory ( boundaries ) , regardless where the person is located, subject that the offender or the victim ( the passive personality ) is a national of the claimant country. The 3rd ground is the protective or security principle, and it allows a State , to exercise jurisdiction over foreigners, outside its territory , regardless of their citizenship , when there is a threat to its national security. And lastly, the universality principle , is the fourth ground for state jurisdiction, and it allows any state , to punish certain international offences abroad , like piracy, slavery , torture , crimes against humanity and genocide, whether committed by or against foreign nationals.
Views: 47243 Hesham Elrafei
GENERAL PRINCIPLES OF LAW
 
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Views: 2672 Sam Life
ICJ Judge Cançado Trindade on Jus Cogens in Contemporary International Law
 
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To watch the full lecture, please go to http://legal.un.org/avl/ls/Cancado-Trindade_IL.html Judge A. A. Cançado Trindade, International Court of Justice, Former President, Inter-American Court of Human Rights
13 Prolegomena
 
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International Law explained by Hesham Elrafei |  What are the sources of International Law?
 
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What are the sources of International public law? Le droit international expliqué | Quelles sont les sources du droit international? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei Overview of the sources of international public law as stated in Article 38 of the international court of justice ICJ statute : treaty, customary law, courts decisions, jurisprudence and law principles. Sources of International Law , explained , simplified and visualized. Les sources du droit international public مصادر القانون الدولي وفقال لمادة 38 من النظام الأساسي لمحكمة العدل الدولية 1 What are the sources of international law? 2 The term ‘source of law’ refer to legal rules governing the international community. 3 Unlike national laws , where sources of law are specified in a norm superior to laws and regulations, usually a constitution, no such norm exists in international law. 4 The International Court of Justice, stipulated a catalogue of sources of international law, which is used when deciding legal disputes submitted before the world court. 5 the first source is international treaties, whether a general or particular treaty, a bilateral ,regional or multinational one, 6 a treaty is a binding international agreement. by which the countries are obliged to observe their contractual obligations. 7 the 2nd source is customary law. At the outset, international law was mainly constituted by customs. 8 which is by its nature, universal, whereas treaty law binds the parties to these treaties only 9 International custom consists of 2 elements: First is State practice, which means What generally States Do and Say. 10 Oppinio Juris is the 2nd element of customary law. It means that the state practice, has to be accepted as law, by the other states. 11 In addition to treaties and customs, other sources exist, such as Judicial decisions , juristic writings and general principles of law. 12 while they are not formal sources , they can still play an important role as an evidence of the law.
Views: 149720 Hesham Elrafei
International Law Explained
 
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The depth and breadth of international law. Kal Raustiala: I think international law is one of these things that's a little bit like the air where it's everywhere. We don't really notice it so when you get on a plane and you fly to Europe the ability to get on that plane, cross over the air space of other countries, sometimes you see the little map when you're in the plane that shows you're crossing over Greenland or whatever, all of that is governed by international law in different ways. Different treaties are in place to take care of all the questions that might arise about aviation. So that's a really mundane example and then at the other extreme we've got much more contentious examples like--  Let's take the war in Iraq. So as most of us remember in the run up to the war the Bush administration went to the security council at the United Nations and tried to get a second resolution, and they're doing that because there is a legal framework in place that governs the ability of countries to enter in to armed conflict. So between those two bookends a zillion other examples but I think the thing to recognize about international law is in a globalized world, in an integrated world, you are constantly dealing with things that are crossing borders or you're crossing borders and international law is usually playing some role in shaping that. Question: What dictates international law?the most common thing are treaties and most of us are familiar with--  I mentioned aviation. There are treaties governing that. The UN itself was created by a treaty. So treaties are kind of the backbone a little bit like we think of statutes in the domestic context, but we do have something like common law. We call it customary law so a good example would be the law of the sea. There's all kinds of rules about ships and their ability to go on the high seas and who can board and where they can cross. Most of that is governed by custom and the idea is this custom kind of a cruise over time like the common law becomes entrenched and accepted as law, and then there is also courts. Right. So we have--  The International Court of Justice sits in The Hague and we've got a series of other courts. Right. The World Trade Organization has a court and so forth. So there is a set of judicial institutions much like in our domestic system so in a lot of ways it's a very similar system. There isn't I suppose a constitutional equivalent. There isn't a kind of grand governing thing but there are literally tens of thousands of treaties so a surprising amount of topics are covered.Question: Who are the governing bodies?There are a whole set of international organizations so from the United Nations being the most broad, the most elaborated, probably the most famous. The World Trade Organization is a little more specialized and then you've got dozens and dozens and dozens, thousands probably, of these subsidiary international organizations, international maritime organization dealing with law of the sea questions and so on down the line. And these have been created over the years. Some of them date back to the nineteenth century but for the most part that's a kind of twentieth-century phenomenon so one of the things we see in the last century or so has been one, the rise of these international organizations, the UN being the paramount example, and two, the use of treaties. Treaties existed in the past but when we talked about custom and common law that was much more common. Now we tend to codify that in to treaty. So those two things are sort of two major trends of the last century.Question: How will globalization affect international law?in the sense that you can have a treaty for example in which every country is a member of that treaty and so would be governed by that, and in fact we have lots of treaties that are pretty close to what you've got in virtually every single country. The Convention on the Rights of the Child I think is a good example where only the United States and Somalia when I last checked were not parties to that treaty. The United Nations Charter comes pretty close. Right. So virtually every country--  Switzerland for a long time was a holdout. Virtually every country is part of the UN system and so governed by the rules of the UN Charter so there is no barrier to that and we do see it.
Views: 105483 Big Think
What is ERGA OMNES? What does ERGA OMNES mean? ERGA OMNES meaning, definition & explanation
 
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What is ERGA OMNES? What does ERGA OMNES mean? ERGA OMNES meaning - ERGA OMNES translation - ERGA OMNES pronunciation - ERGA OMNES definition - ERGA OMNES explanation - How to pronounce ERGA OMNES? Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. Erga omnes is a Latin phrase which means "towards all" or "towards everyone". In legal terminology, erga omnes rights or obligations are owed toward all. For instance a property right is an erga omnes entitlement, and therefore enforceable against anybody infringing that right. An erga omnes right (a statutory right) can here be distinguished from a right based on contract, unenforceable except against the contracting party. In international law it has been used as a legal term describing obligations owed by states towards the community of states as a whole. An erga omnes obligation exists because of the universal and undeniable interest in the perpetuation of critical rights (and the prevention of their breach). Consequently, any state has the right to complain of a breach. Examples of erga omnes norms include piracy and genocide. The concept was recognized in the International Court of Justice's decision in the Barcelona Traction case : "… an essential distinction should be drawn between the obligations of a State towards the international community as a whole, and those arising vis-a-vis another State in the field of diplomatic protection. By their very nature, the former are the concern of all States. In view of the importance of the rights involved, all States can be held to have a legal interest in their protection; they are obligations erga omnes. Such obligations derive, for example, in contemporary international law, from the outlawing of acts of aggression, and of genocide, as also from the principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination. Some of the corresponding rights of protection have entered into the body of general international law . . . others are conferred by international instruments of a universal or quasi-universal character."
Views: 2702 The Audiopedia
Principles of State Jurisdiction and International Criminal Law
 
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Presented by Dr Douglas Guilfoyle
Views: 1161 djaguilfoyle
Legal Term: Pacta Sunt Servanda
 
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(in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi) Pacta sunt servanda (Latin for "agreements must be kept"), is a basic principle of civil law and of international law. In common sense, the principle refers to private contracts, stressing that contained clauses are law between the parties, and implies that nonfulfillment of respective obligations is a breach of the pact. In civil law, the general principle of correct behavior in commercial practice. With reference to international agreements, "every treaty in force is binding upon the parties to it and must be performed by them in good faith." Pacta sunt servanda is related to good faith, but does not equate with good faith. Force majeure or factors that make impossible is exception. more at http://sangramllb.tumblr.com/
Views: 6573 Indian Law School
Jus in Bello (Just War Theory)
 
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A list and demurring of the criteria for a Just War during the war. Information for this video gathered from The Stanford Encyclopedia of Philosophy, The Internet Encyclopedia of Philosophy, The Cambridge Dictionary of Philosophy, The Oxford Dictionary of Philosophy and more! Information for this video gathered from The Stanford Encyclopedia of Philosophy, The Internet Encyclopedia of Philosophy, The Cambridge Dictionary of Philosophy, The Oxford Dictionary of Philosophy and more!
Views: 6392 Carneades.org
International Law And The Right To A Healthy Environment As A Jus Cogens Human Right
 
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To date, traditional international law does not consider human environmental rights to a clean and healthy environment to be a jus cogens human right. Jus cogens ("compelling law") refers to preemptory legal principles and norms that are binding on all international States, regardless of their consent. mesothelioma attorney directory mesothelioma cancer lawyer no exam life insurance best online college degrees =================================================== best mesothelioma lawyers mesothelioma law firm mesothelioma lawyer directory houston mesothelioma lawyer best mesothelioma lawyer top mesothelioma lawyers whole life insurance no exam life insurance variable life insurance senior life insurance auto life insurance mutual life insurance auto insurance quotes auto insurance quote auto insurance quotes comparison auto insurance quotes online mesothelioma attorney mesothelioma attorneys mesothelioma trial attorney mesothelioma attorneys tx can mesothelioma be treated mesothelioma affiliate program mesothelioma of pleura navy mesothelioma mesothelioma legal advice mesothelioma online schools online school best online schools schools online accredited online schools mesothelioma law suit mesothelioma law firms mesothelioma settlements mesothelioma lung degree for college online degree colleges college degree list college online degrees best online college degrees lung mesothelioma compare car insurance quote compare health insurance compare life insurance insurance companies insurance company asbestos mesothelioma lawsuit mesothelioma lawsuit settlements mesothelioma lawsuit asbestos mesothelioma symptoms mesothelioma asbestos cancer mesothelioma pleural whole life insurance quote life insurance website life insurance leads life insurance calculator mortgage life insurance nline bachelor degree in education universities that offer online bachelor degrees best online bachelors degree online education bachelor degree accredited online college accredited colleges online accredited online college classes fully accredited online colleges accredited college online online auto quotes get a auto insurance quote quote auto insurance best auto insurance quotes auto quotes online auto car insurance quote free auto insurance quotes online low auto insurance quotes quotes for auto insurance ===================================================
34 International Law And The Right To A Healthy Environment As A Jus Cogens Human Right
 
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To date, traditional international law does not consider human environmental rights to a clean and healthy environment to be a jus cogens human right. Jus cogens ("compelling law") refers to preemptory legal principles and norms that are binding on all international States, regardless of their consent.
Intervention : International Law
 
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Intervention Intervention is dictatorial interference by a state in affairs of another state. Intervention, in principle is prohibited by international law. But it does not prohibit intervention in all circumstances. Intervention can be diplomatic or military. Grounds for intervention – 1. Self-preservation- This is valid ground for a long time. The use of force in self-defense is justified only when it is necessary for self-preservation. 2. Gounds of humanitarian- There are lots of cases in which intervention on humanitarian Grounds was made. UN permits intervention on the ground of violation of human rights. But action must be taken by UN and not by any individual state. 3. To enforce treaty right – It was valid ground in past. UN charter does not recognize it valid. 4. Balance of power- It creates International tension. It is condemned by Jurists. UN Charter says it is invalid ground. 5. Protection of Person and Property- Protection of Person and Property in foreign state is no more valid ground. 6. Collective intervention- Collective intervention means intervention by United Nations. Security Council can take decision in order to maintain International peace and security. For example Security Council took action against Korea in 1950 and Congo in 1961. 7. Intervention in civil war- Generally it is not allowed. But if war is of such magnitude that it is threat to International peace and security then allowed.
Views: 25911 LAW Notes
International Law And The Right To A Healthy Environment As A Jus Cogens Human Right
 
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To date, traditional international law does not consider human environmental rights to a clean and healthy environment to be a jus cogens human right. Jus cogens ("compelling law") refers to preemptory legal principles and norms that are binding on all international States, regardless of their consent. mesothelioma attorney directory mesothelioma cancer lawyer no exam life insurance best online college degrees =================================================== best mesothelioma lawyers mesothelioma law firm mesothelioma lawyer directory houston mesothelioma lawyer best mesothelioma lawyer top mesothelioma lawyers whole life insurance no exam life insurance variable life insurance senior life insurance auto life insurance mutual life insurance auto insurance quotes auto insurance quote auto insurance quotes comparison auto insurance quotes online mesothelioma attorney mesothelioma attorneys mesothelioma trial attorney mesothelioma attorneys tx can mesothelioma be treated mesothelioma affiliate program mesothelioma of pleura navy mesothelioma mesothelioma legal advice mesothelioma online schools online school best online schools schools online accredited online schools mesothelioma law suit mesothelioma law firms mesothelioma settlements mesothelioma lung degree for college online degree colleges college degree list college online degrees best online college degrees lung mesothelioma compare car insurance quote compare health insurance compare life insurance insurance companies insurance company asbestos mesothelioma lawsuit mesothelioma lawsuit settlements mesothelioma lawsuit asbestos mesothelioma symptoms mesothelioma asbestos cancer mesothelioma pleural whole life insurance quote life insurance website life insurance leads life insurance calculator mortgage life insurance nline bachelor degree in education universities that offer online bachelor degrees best online bachelors degree online education bachelor degree accredited online college accredited colleges online accredited online college classes fully accredited online colleges accredited college online online auto quotes get a auto insurance quote quote auto insurance best auto insurance quotes auto quotes online auto car insurance quote free auto insurance quotes online low auto insurance quotes quotes for auto insurance ===================================================
Views: 28 Business Loan
22 Introduction to Article 38
 
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L5X_Montage_S3_V4_Article_38_DEFINITIF.mp4
25 Summing up the "two elements theory"
 
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L5X_Montage_S3_V7_Custom_Summing_up_DEFINITIF.mp4
Anne Lagerwall on The Principle ex injuria jus non oritur in International Law
 
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To watch the full lecture, go to: http://legal.un.org/avl/ls/Lagerwall_IL.html Ms. Anne Lagerwall Professor of Public International Law International Law Centre Université libre de Bruxelles
INTERNATIONAL CUSTOMARY LAW
 
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Laws that govern most countries .
Views: 977 pinna wasonga
Enforcement of Foreign Judgments , explained | Lex Animata |  Hesham Elrafei
 
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Recognition & Enforcement of Foreign Judgments , explained - International Law Animation lectures. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This video visualize and simplify the concept of Foreign Court decisions enforcement civil and commercial matters abroad. In terms of principles of comity, reciprocity and res judicata (that is, that the legal issues in question , have been finally decided already by a court , between the same parties, and cannot be ruled on again. ) As a result , the number of treaties between states, has grown quickly , in order to regulate this conflict of law. In the absence of a treaty , a country is not obliged to recognize or to enforce a foreign judgment , as the substance of the foreign court decision is not reviewed . however , some legal systems recognize foreign judgments , more or less to the same degree , as domestic judgments . For instance, countries with more restrictive domestic rules, like France , tend to enter into more bilateral treaties, comparing to the United States, who has zero. In all cases, whether in the presence of a treaty or without , a state can deny the enforcement of a judgment , after examining the following causes: 1ST , whether the rendering court, that issued the judgment has jurisdiction over the case . 2ND , that the judgment is valid , final , and on the merits , under the law of the rendering court 3RD That the defendant had the right to fair trial , was properly served with notice of the proceedings , and had an opportunity to be heard in court , and the right to appeal. 4TH, that the foreign judgment, is not contrary to the public policy of the enforcing country, its national laws , nor with international law Given that no general duty exists, to recognize foreign judgments at all, such exceptions are generally compatible with international law, unless treaty law provides otherwise.
Views: 11644 Hesham Elrafei
Ramblings 89: General Principles
 
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From Article 38, Paragraph 1c of the Statute of the International Court of Justice, one source for international law is "the general principles of law recognized by civilized nations". Let's delve into that a wee bit, shall we? Comments and questions to [email protected] "Ramblings with Rebecca" is a new series of five-minute videos from 2012 Marshall Scholar Rebecca Farnum discussing social justice, environmentalism, politics, the UK, and life in general.