Edgard Raúl Leoni Moreno: Fundaments of the International Law

As we have explained before in other articles of this blog, nations, citizens, and entities of different states keep commercial, cultural and political relationships that must abide to regulations if they want to avoid war as the way to solve the conflicts related to this relations.

According to this generic concept of the International Law we can mention its two representations: private and public. The former deals with jurisdiction problems and law conflicts, and the latter deals with more important aspect such as the recognition of the states and government, the violation of human rights, sea rights (territorial right, marine platform right, among other), air rights, treaties and agreements, international disputes, war and neutrality, and international arbitration.

The First World War in 1914 generated the fall of the traditional diplomatic system and provoked the creation of new basis, in which governments would rest their international relationships. The failure of the League of Nations and the policy of collective security lead to World War Two, and the coalition of free peoples shut down the path to the attempt to implement a universal hegemony.

Nowadays, the International Public Law has certain functions not only related to regulate the relation between the States, but it has other functions related to:  

• Establishing the rights and duties of the subjects of the international community.
• Promoting the defense of human rights.
• Guaranting universal peace.
• Regulating the relation between states, and the relation of the states with the other subjects of international law.
• Regulating International Organism.
• Providing the subjects of the International Public Law peaceful options to avoid going to War by means of arbitrations (a legal method, in which two states in conflict name an arbiter to solve any legal query), and other peaceful means.