International Law and International Court of Justice

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Question 1 of 3

You tell a friend that you are taking an International Law class at APUS. The friend asks, "What exactly is International Law?" Tell your friend what International Law is, and include in your discussion the various sources of international law (about 6 sources). Ensure your answer is 500+ words.
International law deals with matters arising from disputes between nations or individuals that affect more than one nation. Generally, it is divided between public international laws, those dealing with the rights of countries or issues with trade, and private international law, which focuses on the disputes of individuals that affect more than a single nation. Private international law may impact public international laws and so it is important to know and understand it and its implications as well as the public laws. International law helps to define member state laws in the international arena as well.

International laws do not attempt to force governments or organizations to make rules or regulations, but helps instead to determine what laws apply to situations and their potential value in the international arena. Countries do not have to write laws that comply with international laws, but it helps and most countries do recognize this when creating new laws. International laws work mostly within the agreements and laws already established within countries, defining how they apply in the international arena. For example, a person cannot be treated poorly while working in another country.
However, the individual cannot file the complaint, only the person's native state, with the court. International laws give preference to states concerns and disputes. For example, while a member state of the UN and a party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), the country does not have any laws that cover these rights for domestic workers (Walls at every turn).

The home countries of the workers who find themselves working long hours for little pay, abused and made to repay fees that are forbidden under the laws, have to file the complaints under the international laws that govern the convention. Jurisdiction is within Kuwait, but there are avenues through international law to help, if the home countries would apply them.
International law, as we know it today, was set up under the United Nations charter. It is law that encompasses statutes and torts as the basis for the foundation of laws. It also includes other types of laws such as procedural, substantive, and processes. The international law often deals with laws pertaining to treaties and agreements between governments. However, it may also be agreements occurring because of non-government organizations or individuals who are in dispute. An example would pertain to the laws governing the protection of children including kidnapping, especially by family members.

With the job of creating a legal system within the international community for dispute resolution, the study of international law is important to both individuals and organizations as well as states. To help, the United Nations (UN) created the International Court of Justice (ICJ), to which all members of the UN are ...