INTERNATIONAL LAW AND DOCUMENTS: INTERNATIONAL LAW AND DOCUMENTS

The real importance of the INTERNATIONAL LAW AND DOCUMENTS is to establish the same criteria, principles, applications, accesibilities, procedibilities, enforcement, disputes, sanctions and punishments by multiple countries to themselves, to their authorities and people, in order to distinguish and defend their relations, interrelations and innerrelations as countries, as natural or as fictious persons with the only purpose to support freedom, respect, human existence, free development in their interchanges and true justice. Here and after, the purpose of these International Law and principles by the United Nations, you will find the fields of applications

PRINCIPLES

THE PRINCIPLE OF INTER ALIA

For the 90’s the main purposes were, INTER ALIA:

(a) To promote acceptance of and respect for the principles of international law;

(b) To promote means and methods for the peaceful settlement of disputes between States, including resort to and full respect for the International Court of Justice;

(d) To encourage the teaching, study, dissemination and wider appreciation of international law.

PRINCIPLES OF RULLING THE LAW

The pursuit of this principle is a recognition that, without it, the lines between justice and tyranny can too easily blur or disappear altogether. We witness the results of its absence on a daily basis in so many countries. Quite frankly, its promotion and protection is a goal which permeates all our work at the Office of Legal Affairs. Establishing respect for the rule of law is fundamental and essential for a number of reasons, including: prevention of conflict; achieving a durable peace in the aftermath of conflict; the effective protection of human rights; and also, of course, sustained economic progress and development, as it was said by Ms. Patricia O’Brien who is the United Nations Secretary for Legal Affairs and The Legal Counsel, Georgetown Law Center Office of Transnational Programs “Peace, Justice and the Rule of Law”

THE ACCOUNTABLE PRINCIPLE

The principle that everyone is accountable to the law – from the individual to the State itself – is, of course, a fundamental concept which drives much of our work.

PRINCIPLES OF COMPLEMENTARITY

The principle of complementarity is essentially the duty of States first and foremost to prosecute international crimes. Only where national judicial systems are unable or unwilling to investigate or prosecute should international courts be involved. This principle is of crucial importance for the future of international criminal justice and the quest to end impunity for grave violations of international humanitarian law and human rights law.

The premise of the complementarity principle is that national systems are best placed to investigate and prosecute the statutory crimes of the Rome Statute. It is national systems which are closest to the victims andaffected communities. The preference for national judicial proceedings is atthe heart of the Rome Statute/ICC system. Supporting the principle of complementarity through fortifying national judicial systems is a priority in our common fight against impunity for the coming years.

The Public international law, includes the following specific legal fields such as the treaty law, law of sea, international criminal law and the international humanitarian law.

INTERNATIONAL LAW FIELDS OR DISCIPLINES:

These are the fields that the worldwide community agree to obey through their own authorities:

INTERNATIONAL ECONOMIC LAW:

INTERNATIONAL CRIMINAL LAW

INTERNATIONAL COURT OF JUSTICES

The system for stablishing justices is heard and given through the special Court

1. Legal regulation of international terrorism, genocide and crimes against humanity,

2. War crimes and other serious violations of international humanitarian and human rights law.

LAW OF THE SEA

It is well define as the state's territorial waters, the right of states to fish the oceans and to mine underneath the oceans, and the rights of states to control navigation.

STATE'S TERRITORIAL WATERS EXTENDED TO 12 NAUTICAL MILES AND CONCEDE 200 MILES FOR COASTAL COUNTRIES.

A major change under the convention is its extension of a state's territorial waters from 3 to 12 nautical miles. Foreign commercial vessels are granted the right of innocent passage through the 12-mile zone. Beyond the zone all vessels and aircraft may proceed freely. Coastal nations are granted exclusive rights to the fish and marine life in waters extending 200 nautical miles from shore. Every nation that has a continental shelf is granted exclusive rights to the oil, gas, and other resources in the shelf up to 200 miles from shore.

The area outside a state's territorial waters, commonly known as the high seas, was traditionally governed by the principle of freedom of the seas. On the one hand, this meant freedom for fishing, commercial navigation, travel, and migration by both ships and aircraft; freedom for improvement in communication and supply by the laying of submarine cables and pipelines; and freedom for oceanographic research. On the other hand, it meant freedom for naval and aerial warfare, including interference with neutral commerce; freedom for military installations; and freedom to use the oceans as a place to dump wastes. Until world war II, these freedoms continued to be applied to the oceans and airspace outside the states' three-mile territorial limit, with little regulation of abuses other than what could be found in the customary regulations of warfare and neutrality.

U.N. Conferences on the Law of the Sea

Since the 1950s the United Nations has attempted to convince the nations of the world to agree to a set of rules that will govern the law of the sea.

The First U.N. Conference on the Law of the Sea, which was held in Geneva in 1958, led to the codification of four treaties that dealt with some areas of the law of the sea, including the Geneva Convention on the High Seas.

In the 1970s the Third U.N. Conference on the Law of the Sea began its work. The conference labored for more than ten years on a comprehensive treaty that would codify international law concerning territorial waters, sea lanes, and ocean resources.

On December 10, 1982, 117 nations signed the U.N. Convention on the Law of the Sea, in Montego Bay, Jamaica. The convention originally was not signed by the United States, the United Kingdom, and 28 other nations, because of objections to provisions for seabed mining, which they believe would inhibit commercial development.

The convention, which went into effect November 16, 1994, claims the minerals on the ocean floor beneath the high seas as "the common heritage of mankind." The exploitation of minerals is to be governed by global rather than national authority. Production ceilings have been set to prevent economic harm to land-based producers of the same minerals. There have been continuing negotiations with the United States and other nations to resolve this issue, which is the only serious obstacle to universal acceptance of the treaty. A 1994 agreement amended the mining provisions, which led the United States to submit the treaty to the U.S. Senate for ratification. Despite this amendment and pressure to sign the treaty, the U.S. Senate has not ratified the amendment or the Constitution. As of August 2003, a total of 143 nations had signed the treaty, including the United Kingdom in 1997.

Adjudication

Any legal disputes concerning the treaty and its provisions may be adjudicated by the new Tribunal for the Law of the Sea, by arbitration, or by the international court of justice.

INTERNATIONAL ENVIROMENTAL LAW