Mankind censure injustice， fearing that they may be the victims of it and not because they shrink from committing it.
—Plato （Ancient Greek philosopher）
国际法（ International Law） ，旧称万国法，又称国际公法，简言之，是国家之间的法律，具体来说就是指处理各个国家及政府组织之间各种关系的规则和各项基本原则的总和，但有时也包括代表一定国家意志的法人和自然人等特殊主体。习惯为国际法之第一渊源。其他渊源是条约与普通法院或专门法院的判决，《国际法院规约》也授权该法院适用“文明各国所公认的一般法律原则”，从而承认了国际法在习惯与条约之外的又一渊源。至于国际法的法律依据，早期西方社会是不承认的。但目前国际法的法律地位已经得到了确认。然而，从实证的角度来考察，名义上国际法对国家具有约束力，但事实上国际社会缺乏有效制裁违法国家的手段。
International Law： An Overview
International Law can be defined as the body of rules that nations recognize as binding upon one another in their mutual relations. In other words， International law consists of rules and principles which govern the relations and dealings of nations with each other.
The nature of international law
International law， which is in most other countries referred to as Public International Law， concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations. In contrast， Private International Law deals with controversies between private persons， natural or juridical， arising out of situations having significant relationship to more than one nation. In recent years the line between public and private international law have became increasingly uncertain. Issues of private international law may also implicate issues of public international law and many matters of private international law have substantial significance for the international community of nations.
Source of international law
International law includes the basic， classic concepts of law in national legal systems—status， property， obligation， and tort （ or delict） . It also includes substantive law， procedure， process and remedies. International Law is rooted in acceptance by the nation states which constitute the system.
Primary sources
Customary law and conventional law are primary sources of international law. Customary international law results when states follow certain practices generally and consistently out of a sense of legal obligation. Recently the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may take any form that the contracting parties agree upon. Agreements may be made in respect to any matter except to the extent that the agreement conflicts with the rules of international law incorporating basic standards of international conduct or the obligations of a member state under the Charter of the United Nations. International agreements create law for the parties of the agreement. They may also lead to the creation of customary international law when they are intended for adherence generally and are in fact widely accepted. Customary law and law made by international agreement have equal authority as international law. Parties may assign higher priority to one of the sources by agreement. However， some rules of international law are recognized by international community as peremptory， permitting no derogation. Such rules can be changed or modified only by a subsequent peremptory norm of international law.
Secondary source
General principles common to systems of national law is a secondary source of international law.There are situations where neither conventional nor customary international law can be applicable. In this case a general principle may be invoked as a rule of international law， because it is a general principle common to the major legal systems of the world and not inappropriate for international claims.
Domains of international law
The following are major substantive fields of international law：international economic law， international security law， international criminal law， international environmental law， diplomatic law， international humanitarian law or law of war， international human rights law.
International economic law， broadly conceived， is a field of international law that encompasses both the conduct of sovereign states in international economic relations， and the conduct of private parties involved in cross-border economic and business transactions. This includes，among other things，international trade law，law of international financial institutions （ or what is known as international financial law） ， and traditional private international law fields.
International criminal law is a field of international law that seeks to regulate the behavior of states， organizations and individuals operating across national boundaries in commission of international crimes.International criminal law also regulates the commission of grave crimes occurring on the territory of sovereign states where those crimes constitute genocide， crimes against humanity， war crimes， or other violations of jus cogens norms. International criminal law is practiced by， and prosecuted within， international criminal tribunals， such as the International Criminal Tribunal for Rwanda， International Criminal Court and similar courts. In addition to the categories of crimes listed above， typical international crimes include piracy and terrorism.
International environmental law （ sometimes， international ecological law） is a field of international law regulating the behavior of states and international organizations with respect to the environment.Core domains for international regulation include management of the world s oceans and fisheries， the polar ice caps， and the regulation of carbon and other particulate emissions into the atmosphere.
