Term and Meaning of “International” in Law
The term “international” in a legal context refers to all matters, relationships, or regulations that extend beyond the boundaries of a single state territory and concern several states or legal systems. The adjective “international” is used in different areas of law to classify matters with a foreign element, cross-border aspects, or norms that have international applicability. The exact meaning and application of the term varies depending on the specific area of law, particularly between public international law, private international law, international criminal law, and international economic law.
International in Public International Law
Term and Role
In public international law, “international” describes the relationships between sovereign states and other subjects of international law, such as international organizations. The foundation is the recognition of the sovereign equality and legal independence of each state. International treaties and conventions are the main regulatory instruments in this field.
Legal Foundations
International sources of law include:
- Customary International Law: Long-standing and general practice of states that is regarded as legally binding.
- Treaties (Conventions): Written agreements between two or more subjects of international law, for example, the Charter of the United Nations.
- General Principles of Law: Recognized principles of the legal systems of states.
Areas of Application
Within public international law, “international” is relevant in particular for:
- Diplomatic relations and immunities
- International humanitarian and human rights
- Border regulations and territorial sovereignty
- International organizations and supranational structures
- International dispute resolution mechanisms (e.g. International Court of Justice)
Private International Law
Definition of the Term
Private international law (PIL) deals with matters that have connections to more than one national legal system. Here, “international” means that at least one foreign element is present, such as residence, nationality, place of a legal transaction, or location of an object.
Conflict of Laws
Private international law decides which law applies to international matters (conflict of laws), as well as questions of international jurisdiction of courts and the recognition of foreign judgments.
Core Areas
- Marriage and divorce between nationals of different states
- International inheritance matters
- Contracts with cross-border elements
- Foreign matters in commercial law
Sources of Law
Private international law is based on national regulations, international agreements (such as the Rome I and II Regulations in the European Union), as well as on the Hague Conference on Private International Law.
International Criminal Law
Conceptual Classification
In international criminal law, “international” on the one hand refers to the cross-border applicability of criminal law provisions and, on the other hand, to the existence of offenses that are prosecuted at the international level (e.g. genocide, war crimes).
International Criminal Jurisdiction
Institutions such as the International Criminal Court (ICC) exercise international criminal jurisdiction over individuals. Additionally, ad hoc tribunals (e.g. for the former Yugoslavia) exist.
Implementation at National Level
Nation states implement international criminal law norms into national law, for example, through the principle of universal jurisdiction or the universal jurisdiction principle.
International in Economic Law
Definition and Relevance
In international economic law, “international” refers to all trade relationships, business law contracts, or business-related legal acts affecting two or more states, for example, in trade in goods, services, capital movements, or international investment protection.
Regulatory Areas
International trade in goods
- Regulated by multilateral treaties such as the General Agreement on Tariffs and Trade (GATT)
- Contracts under UN sales law (CISG, Vienna Sales Convention)
International investment protection
- Bilateral or multilateral investment protection agreements
- International arbitration for dispute resolution
Financial and service transactions
- Regulation through international agreements (e.g. Basel III, WTO agreements)
- International standardization (e.g. by international standardization organizations)
International Authorities, Organizations, and Legal Assistance
International Organizations
Many international organizations (e.g. United Nations, European Union, World Bank, WTO) are established based on international treaties and exert legal binding force on their member states.
International Legal Assistance
In cross-border criminal, civil, or administrative matters, states assist each other through legal assistance agreements – for example, regarding extradition, enforcement of judgments, or investigative measures.
Distinction from Supranational
In contrast to international law, which governs the relationships between equal states, supranational law (e.g. EU law) establishes a superior legal order that has direct binding effect on individuals and authorities within the member states.
Summary
The term “international” has a multifaceted meaning in law. Depending on the specific context, it designates legal relationships, norms, institutions, or matters that concern multiple states or have legal effects in more than one state. In legal discourse, “international” always denotes the cross-border dimension, which is why a comprehensive understanding is necessary—one that includes aspects of public international law, private law, criminal law, and economic law. Knowledge and observance of international provisions are indispensable for the legally compliant structuring and handling of all international matters.
Frequently Asked Questions
What legal challenges arise with international contracts?
International contracts are subject to a multitude of legal challenges, since different national legal systems, languages, and practices often come into contact. Firstly, determining the applicable law is central: parties should clearly specify in a choice-of-law clause which national law the contract is to be interpreted by; otherwise, international conflict of law rules, such as the Rome I Regulation (within the EU) or the UN Sales Law (CISG), will apply. Another issue is the effectiveness and enforceability of such contracts abroad, as courts or arbitral tribunals often rule differently on formal requirements, validity, or the meaning of individual clauses. Language barriers and translation errors can also cause legal uncertainties. Finally, tax aspects, currency risks, and potential government export or import restrictions must be considered. Therefore, international contracts must always be carefully drafted, with precise language and taking into account international norms as well as local particularities.
What legal regulations apply to international trading companies?
International trading companies operate within the tension between different national company, tax, and economic laws. The establishment, organization, and management of such a company is generally governed by the law of the country in which it is registered (seat theory or incorporation theory, depending on the jurisdiction). Difficulties arise when business activity crosses borders, such as when setting up branches or subsidiaries abroad. With regard to liability, management, accounting, and disclosure obligations, international differences must be taken into account. Furthermore, international trade agreements like DTAs (double taxation agreements) regulate tax issues, while the EU, for example, facilitates and harmonizes cross-border activities through internal market regulations. Compliance topics such as international anti-corruption laws (e.g. FCPA, UK Bribery Act), and international accounting standards (IFRS) are becoming increasingly relevant in order to comply with the legal framework.
How is the enforcement of a judgment handled in an international context?
The enforcement of a judgment in an international context depends on whether there is an agreement between the affected states regarding the recognition and enforcement of judgments. Within the EU, the Brussels Ia Regulation provides for the automatic recognition and enforcement of civil and commercial matters. Outside the EU, the issue is governed by bilateral or multilateral agreements (e.g. the New York Convention for arbitral awards). If no such agreement exists, the respective foreign court must examine in a complex recognition procedure whether the foreign judgment may be enforced domestically. This usually requires observance of procedural principles (ordre public), proper service, and the jurisdiction of the originating court. Practical implementation may be further complicated by different national provisions, especially regarding asset seizure or enforcement procedures.
What role does private international law play in cross-border legal matters?
Private international law (PIL), also called conflict of laws, determines in cases with cross-border elements which national substantive law applies to a specific case and which court has jurisdiction. In the EU, this is primarily governed by the Rome I and Rome II Regulations for contractual and non-contractual obligations. There are many special provisions in family, inheritance, and company law. PIL strictly separates procedural law from substantive law and gives priority to the parties’ choice of law, as far as permitted. Without an explicit choice of law, national conflict rules are applied, which can vary significantly depending on the country and situation and thus can be decisive for the outcome of the legal dispute.
What legal requirements apply to international data protection?
In international data protection, both national and supranational data protection laws must be observed. In the EU, for example, the General Data Protection Regulation (GDPR) applies, which mandates a high level of protection and also applies to companies outside the EU if they process data of EU citizens. For international data transfers, the GDPR provides for specific mechanisms such as adequacy decisions, standard contractual clauses, or binding corporate rules (BCR). Outside the EU, there are various data protection standards, for example in the USA or Asia, which often differ significantly and impose different requirements on consent, data transfer, and data subject rights. International data transfers thus require careful review of the applicable data protection regulations of both involved countries.
How are international trademark rights enforced?
International trademark rights can be protected by registering with international organizations such as WIPO (Madrid Agreement/Madrid Protocol), which facilitates protection in several countries. However, enforcement always takes place under the national law of the country of protection. In principle, infringing the trademark must be asserted before the courts of the country where the infringement took place. International agreements such as the TRIPS Agreement set minimum standards for the protection and enforcement of trademark rights. In addition, national protection rights often apply in parallel, which requires precise monitoring by the trademark owner in order to be able to effectively pursue infringements.
What special features apply in international arbitration proceedings?
International arbitration proceedings offer parties the opportunity to settle disputes outside state courts by means of private arbitrators chosen by the parties. The legal framework is set out in the arbitration agreement, which typically stipulates the arbitral institution (e.g. ICC, DIS, or LCIA), the applicable law, the seat of arbitration, and the language. The 1958 New York Convention provides for broad international recognition and enforcement of arbitral awards in over 160 countries. Nevertheless, compared to state courts, there are special features to consider, including limited options for challenging awards and regulations on costs, a flexible and confidential process, as well as, in some countries, reservations concerning the recognition of arbitral awards regarding ordre public or the arbitrability of certain disputes. Arbitration is therefore frequently chosen as the preferred mechanism for dispute resolution in international commercial contracts.
