Like any industry, public international law plays a key role in the regulation of social relations.But unlike the "internal", the system of the law aimed at regulating international issues.
concept of public international law .
Lawyers characterize any branch of law on three main criteria: the method and the subject of regulation, as well as a set of rules used to determine that the first two criteria.
Under subject considered the industry the right to understand the legal relationship established between states, peoples and nations struggling for self-determination, state entities, intergovernmental organizations.This range of issues to be resolved is limited strictly stipulated in international treaties problems that go beyond the competence and the territory of a particular country.
Public international law has a special control method relations of subjects of the industry - mandatory.Explained by the fact that the contracting parties are always discuss only those issues whose resolution can not wear dualistic.A striking example is the Kyoto Protocol in 1998, based on which countries have established standards to save ecosystems that are mandatory for all countries that are parties to the Convention and the Protocol.
international public law is characterized by two types of legal norms , on which mostly can be regulated the problems of this branch of law: contractual and non-contractual.The contractual traditionally include the rules that have been fixed in interstate agreements that have universal (UN Charter), local (Maastricht Treaty 1992) or bilateral (agreement on cooperation).In turn, the non-contractual presented practices that have emerged and are used in the practice of the behavior of each other.As a rule, treaty law are binding on the parties only if they have passed the ratification in accordance with the law and / or the Constitution of the country's order.Regarding customary norms should be said that they are non-binding.However, there has recently been a process of fixing the written and ratified.
Based on the characteristics that define:
Public international law - an association of conventional and contractual rules governing issues and relations between the countries, public entities, nations fighting for self-determination, and intergovernmental organizations and are binding for all partieshave confirmed their legitimacy in the manner prescribed by law .
international public and private law: the point of divergence .
As in domestic law, the international nature of the subjects are different in relationships regulated by special legal institutions.They add up to the international public and private law (hereinafter referred to as SPE).Despite the fact that both the industry regulate issues related to the participation of representatives of different countries, the difference between them significantly.
First of all, the very notion of public international law restricts the list of their subjects: States, intergovernmental organizations, governmental entities, as well as the nation, struggling for self-determination.In contrast to the above, the MPP extends the list of participants in private law relations, such as individuals and / or joint-stock companies.
Secondly, different industries, and subject to regulation.MPP aims to regulate the problems of a private nature.In contrast, public international law is aimed at addressing issues of administrative, public, nature.
Third, different method of legal regulation.Imperative regulation characteristic mainly for the public areas of international law.MPP, on the contrary, provides its subjects certain behaviors and allows participants to choose the most acceptable option for a specific situation.
Fourth, the regulatory framework for action participants SPE, in most cases, are set by public international law, except for legal practices.And that is why some lawyers are often excluded from the definition of "public international law" characteristic "public", referring to the private law section of the international public.
