International Law

International law governs transactions and disputes between citizens of different countries or between sovereign states. Private international law includes the laws of nations resolving disputes between their own citizens and those of other nations. "Conflicts of laws"-the name for private international law in America-establishes the forum for settling these disputes. Private international law also determines the substantive law that will apply to the litigation.

Public international law includes the substantive laws governing relations between sovereign states, international organizations, and-sometimes-international corporations. Public international law comprises treaties, customs, and general legal principles. The Vienna Convention on the Law of Treaties, codified in 1969, sets forth the customary law of treaties. Most countries, including the United States, are parties to the Vienna Convention. Customary law includes law that has been customarily practiced and recognized by counties. General legal principles include rules of law generally recognized by international legal systems. Public international law enforcement generally depends upon the integrity of sovereign states to play by the rules. Where diplomacy fails to work, the International Court of Justice, a body of the United Nations also known as the World Court, hears cases and renders advisory opinions. States must consent to jurisdiction before the World Court. If such consent is given, the opinion of the World Court is binding.