It is that branch of law that regulates the behavior of States and other atypical subjects (special subjects, example: the consul is considered special if a controversy arises, Public International Law applies).
Types of definitions about public international law
- According to its recipients.- Public International Law is the set of rules that regulate relations between States and other international subjects (Seara Vázquez). According to the subject.- Public International Law is the set of legal norms that govern international relations (Guggenheim). According to the technique of creating the rules.- It is the set of rules for a given moment and that without taking into account the ordered object and the obligated subject, they have become as a consequence of a procedure (Suy).
Definition of public international law
Public international law.- It is that branch of law that regulates the behavior of States and other atypical subjects (special subjects example: the consul is considered special, if a controversy arises, Public International Law applies).
Relationship between public international law and the internal law of states.
Basic currents, dualism.- There is no mandatory norm (of Public International Law and Internal Law), international norms cannot influence, nor vice versa, internal or international, in addition to the fact that there is no conflict between internal law and Public International Law, and can only refer to each other.
Internal law sovereignly regulates through the organs of the State, the legal relations of its addressees, while International Law only regulates relations between strictly equal States, and Internal Law is the unilateral product of the State legislative process, and Public International Law generates its norms, by their common will.
Monism.- Proclaims the unity of both legal branches in a single legal system considering that there is a subordination and they are based on two theses: The Internist Thesis and The Internationalist, the first tells us that domestic law prevails over international law, it It is based on the fact that historically international law is subsequent to internal law, inasmuch as it arose as a consequence of the regulation of relations between already constituted States, and that States are the ones who freely bind themselves internationally.
Basic currents.
- Internationalist Thesis.- It maintains that there is only one legal order in which internal law is subordinate to international law. Coordinating thesis. - Part of the monists about the unification of the different legal branches in a single system, but it differs in that the relations between both are of coordination and not of subordination.
Functions of public international law
- Establish the rights and duties of the international community, Promote the defense of human rights, Guarantee universal peace, Regulate relations between States and with other subjects of international law, Regulate the competence of international organizations, Provide subjects of Public International Law peaceful solutions to avoid resorting to war, submitting to arbitration or other methods of a peaceful nature. Foundations of public International Law; Many authors have created doctrine on the basis of International Law, among them the social function of Public International Law of which Nelson González speaks, which is considered the most suitable,as what is said that Public International Law is based on the need of States (and all subjects of international law) to live in harmony, to maintain an environment of peace, in which the fundamental rights of The entire international community, for this reason it is said that the foundation of Public International Law is represented by the social function, precisely by the need to avoid acts of violence to achieve a respectful and pleasant coexistence between the parties.precisely because of the need to avoid acts of violence to achieve a respectful and pleasant coexistence between the parties.precisely because of the need to avoid acts of violence to achieve a respectful and pleasant coexistence between the parties.
Thinking about concepts such as peace and harmony suggests the absolute need for elements such as cooperation.
conclusion
Public international law.- It is that branch of law that regulates the behavior of States and other atypical subjects (special subjects example: the consul is considered special if a controversy arises, Public International Law applies).
Bibliography
1. Arellano García, Carlos. "Public International Law". 2 volumes, Ed. Porrúa, SA México. 1983.
2. Barsegov. And. «The Ocean of Conflicts to Cooperation». Ed. Progreso, Moscow. 1988.
3. Becerra Ramírez, Manuel. "Public International Law". Ed. UNAM. Mexico. 1991.
4. Charter of the United Nations and Statutes of the International Court of Justice ».
5. Cervantes Smoked. R. «Maritime Law». Ed. Herreros México, 1984.
