☰ Contents · State and law

International law

Lessons 2 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
2

International law

Textbook: pp. 10–16
GoalExplain the sources, principles and kinds of international law, the legal families, and the legal basis of Uzbekistan’s foreign policy.
New words
international treaty · xalqaro shartnomainternational custom · xalqaro odatsovereign equality · suveren tenglikaggression · agressiya
Explanation

International law is the system of norms regulating relations among states, peoples and international organisations; there is no “world government” above states, so states themselves create these norms by agreement. Its main sources are the international treaty (a written agreement) and international custom (long practice accepted as legally binding); documents of international organisations can be an additional source when they are set as binding for the participants. Its principles include non-use of force or threat of force, peaceful settlement of disputes, non-interference in internal affairs, equality and self-determination of peoples, good-faith performance of obligations, inviolability of borders, territorial integrity and respect for human rights. Public international law governs relations of states and international organisations, while private international law governs civil relations between citizens and companies of different countries (for example a sale contract with a foreign firm). Under Uzbekistan’s Constitution, foreign policy rests on generally recognised principles such as sovereign equality, non-use of force, inviolability of borders, peaceful settlement of disputes and non-interference; these principles are also set out in documents such as the UN Charter, the Universal Declaration of Human Rights and the Helsinki Final Act. National legal systems differ: in the continental (Romano-Germanic) family the main source is statute, in the common-law (Anglo-American) family court precedent matters greatly, and in some systems religious or customary norms play a large role; in practice systems borrow much from each other.

Worked examples
Two states sign a written agreement on how to use a shared river. This is an international treaty, a main source of international law; the parties must perform it in good faith, following the principle of good-faith performance of obligations.
A company in Tashkent sells goods to a firm in another country and a payment dispute arises. This is a civil relationship between companies, not between states, so private international law helps decide which country’s law applies.
Class activity

“Which law?” card game: the teacher reads 8 situations (an agreement between states on visa-free travel, a marriage of citizens of different states, trade with a foreign firm, a border threat and so on). Groups raise a “public” or “private” card and name one principle.

Practice
1
Name the two main sources of international law.
2
How did the UN General Assembly describe aggression in 1974?
3
Classify as public or private international law: a) a border treaty between two states; b) a marriage of citizens of two countries; c) a trade contract with a foreign firm.
4
Why does enforcement in international law not rest on a single centre as in national law?