National Law

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Contents

National Law

International Law and National Law

Introduction to National Law

Every nation is expected to obey international law. Some nations make international law automatically part of the law of their land. The U.S. Constitution designates ratified treaties, along with the Constitution itself and federal statutes, the supreme law of the land (Article VI) and empowers Congress “to define and punish … Offences against the Law of Nations” (Article I, Section 8). Customary international law is automatically incorporated into the U.S. legal system as federal common or unwritten law.

In cases involving international law, U.S. state and federal courts presume that U.S. law conforms to international law; such an attitude has been urged consistently by the Supreme Court of the United States. In some countries, such as the United Kingdom, treaties do not become effective in national law until they are enacted by Parliament. In other countries, a treaty or customary international law is given constitutional status superior to national legislation. How a sovereign state adopts and applies international law is generally left to its discretion, so long as it conforms to the law in the end.

Whatever the constitution or legal system of a nation, it cannot use its domestic law as an excuse to breach an international agreement or violate an international rule. This was made clear during the war crimes trials held in Nürnberg, Germany, following World War II. The Nürnberg tribunals rejected the defense that certain acts, such as the killing of prisoners of war, were permitted under the domestic laws of Nazi Germany. The tribunals held that such laws were null and void because they contravened the generally valid rules of warfare. It also held that the individuals responsible for issuing and executing such laws were criminally responsible for grave breaches of international law. Today, international human rights courts often declare national laws incompatible with international rules and may award compensation to those whose rights have been violated.” (1)

Resources

Notes and References

Guide to National Law

Hierarchical Display of National law

Law > Sources and branches of the law > Source of law > Legislation
European Union > European Union law > EU law > Approximation of laws

National law

Concept of National law

See the dictionary definition of National law.

Characteristics of National law

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Translation of National law

Thesaurus of National law

Law > Sources and branches of the law > Source of law > Legislation > National law
European Union > European Union law > EU law > Approximation of laws > National law

See also

  • Domestic law
  • Internal law
  • Legislation of the Member States
  • National legal system
  • National legislation
  • National regulations

Related Entries of the International Encyclopedia:

  1. Less Favourable Treatment This section provides an overview of less favourable treatment within the legal context of National Treatment in international economic law, with coverage of Non-Discrimination in Trade of Goods and Services (Principles). Resources Further Reading Lothar Ehring, "Less Favourable [...]...
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  19. Multilateral Investment Guarantee Agency Multilateral Investment Guarantee Agency in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Multilateral Investment Guarantee Agency: An independent agency of the World Bank group established in 1988 to [...]...
  20. Export Trade Certificates In the United States For information about Export trade certificates in the context of international trade, click here...
  21. Revision of the WTO Government Procurement Agreement The Revision of the WTO Government Procurement Agreement (GPA) This section provides an overview of the revision of the wto government procurement agreement (gpa) within the legal context of The Government Procurement Agreement (GPA) in international economic law, with coverage of Government [...]...
  22. Anti-dumping Anti-dumping Anti-Dumping and Competition Law and the World Trade Organization Anti-Dumping and Competition Law in relation to the World Trade Organization (WTO) covers several issues. The Anti-Dumping Agreement and the World Trade Organization The Anti-Dumping Agreement in relation to the [...]...
  23. Aid for Trade Initiative This section provides an overview of aid for trade initiative within the legal context of Combating Poverty in international economic law (Cross-Cutting Challenges). Resources Further Reading Jean-Jacques Hallaert, "Aid for Trade Initiative," Elgar Encyclopedia of International [...]...
  24. Non-Discrimination on Foreign Direct Investment Non-Discrimination on Foreign Direct Investment in International Economic Law In international economic law, non-discrimination on foreign direct investment includes the following legal areas, with coverage in this world legal encyclopedia: li> Most-Favoured Nation Treatment in Investment Law [...]...
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  28. Mercantilism Mercantilism and International Trade Economy In relation to international trade economy, Christopher Mark (1993) provided the following definition of Mercantilism: A once-prominent economic philosophy that equated national wealth and prowess with the accumulation of gold and other [...]...
  29. Trade in Water Trade in Bulk Water This section provides an overview of trade in bulk waterfitzgerald temmerman within the legal context of International Economic Law and Human Rights in international economic law (Cross-Cutting Challenges). Resources Further Reading Fitzgerald Temmerman, "Trade in [...]...
  30. Natural Resources Minerals Environment and Natural Resources Includes Acid Rain, Air Quality, Coal, Conservation, Energy, Fisheries, Forests, Hazardous Waste, Land Use, Resources, Oceanography, Oil Spills, Parks, Pesticides, Petroleum, Pollution, Recreation, Rivers, Solar Energy, Toxic Substances, Trails, [...]...
  31. Import Licensing Import Licensing and the GATT Policy Negotiations In relation to the GATT Policy Negotiations, Christopher Mark (1993) provided the following explanation and/or definition of Import Licensing: Procedures requiring the submission of an application or other documentation (other than those [...]...
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  33. Graduation Summary of Graduation The act of recognition by the world community that formerly less developed Countries (read this and related legal terms for further details) have undergone sufficient economic development to be regarded as "developed"or industrialized nations. The recognition [...]...
  34. Local Government Law The Legal History of Local Government LawThis section provides an overview of Local Government Law ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Local Government Law in the Oxford International Encyclopedia of Legal History (Oxford University [...]...
  35. Enabling Clause Enabling Clause and the GATT Policy Negotiations In relation to the GATT Policy Negotiations, Christopher Mark (1993) provided the following explanation and/or definition of Enabling Clause: Pan of the 1979 Framework Agreement providing a legal basis in GATT for industrial countries to grant [...]...
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  39. National Exports Exports consisting of goods domestically produced or goods produced within customs-bonded facilities.......
  40. National Line Synonymous with national FLAG CARRIER (read this and related legal terms for further details).......
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  43. National Socialism Introduction to National SocialismNational Socialism, commonly called Nazism, German political movement initiated in 1920 with the organization of the National Socialist German Workers' Party (Nationalsozialistische Deutsche Arbeiterpartei, or NSDAP), also called the Nazi Party. The mov......
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  48. National Currency National Currency in the E-Commerce Law Fiat Currency (a.k.a. “real currency,” “real money,” or “national currency”), is the coin and paper money of a country that is designated as its legal tender; circulates; and is customarily used and accepted as a medium of exchange in the issuing [...]...
  49. National Champions National Champions and International Trade Economy In relation to international trade economy, Christopher Mark (1993) provided the following definition of National Champions: Firms that are the focus of government efforts to consolidate a national industry through industrial targeting. Such [...]...
  50. National Accounts National Accounts (in the Human Development Area) In this context, National Accounts means: is a system table in the form of accounts, which characterize the process of production, distribution and end use of the gross domestic product (GDP), as a rule, for the year. System of National [...]...
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  52. National Supremacy National Supremacy in U.S. Constitutional Law A list of entries related to National Supremacy may be found, under the National Supremacy subject group, in the United States constitutional law platform of the American legal encyclopedia....
  53. National Defense U.S. Presidential Statements on 2013 and 2014 National Defense Authorization Acts in 2013 United States views on international law [1] in relation to U.S. Presidential Statements on 2013 and 2014 National Defense Authorization Acts: On January 2, 2013, President Obama signed into law the [...]...
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  55. National Income Related Fields Related topics include: National Income Find this subject in this World legal encyclopedia. National Accounts Find this subject in this World legal encyclopedia. Expenditure Find this subject in this World legal encyclopedia. Gross National Income Find this subject in this World [...]...
  56. National Embracing mainstream international law, this section on national explores the context, history and effect of the area of the law covered here. Resources See Also Federal Resources Further Reading The entry "national" in the Parry and Grant Encyclopaedic Dictionary of International [...]...
  57. National Courts National Court (or Tribunal) Embracing mainstream international law, this section on national court (or tribunal) explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "national court (or tribunal)" in the Parry and Grant [...]...
  58. National Waters Embracing mainstream international law, this section on national waters explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "national waters" in the Parry and Grant Encyclopaedic Dictionary of International Law [...]...
  59. National River Embracing mainstream international law, this section on national river explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "river, national" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, [...]...
  60. National Airspace Description of National Airspace In this reference work, national airspace is a sort of the International Law category. Resources See Also International Law...
  61. National Park Resources See Also Further Reading Information related to national park in the Max Planck Encyclopedia of International Law(MPEPIL), Germany, United Kingdom...
  62. National Representations National representations and the European Union Resources See Also Permanent representatives...
  63. National Domain Resources See Also Domain...
  64. National Domicile Resources See Also Domicile...
  65. National Bank Resources See Also Member Bank...
  66. National Bibliography Resources See Also Document Information Science Research Investigation Legal Research Study...
  67. National Plan Resources See Also International Economic Law Economy Foreign Direct Investment Economic Law...
  68. National Planning Resources See Also International Economic Law Economy Foreign Direct Investment Economic Law...
  69. National Level Resources See Also Government Government Contract Local Government Public Administration Administrative Law Public Law...
  70. National Accounting Resources See Also National Income National Accounts Expenditure Gross National Income Net National Income...
  71. National Budget Resources See Also National Income National Accounts Expenditure Gross National Income Net National Income...
  72. National Reporter System Contents The National Reporter System, by West the West’s National Reporter System is a group of regional Court Reports or ... Read more...
  73. National Cargo Bureau A nonprofit, membership corporation concerned with the safe loading, stowage, transport, and unloading of cargoes aboard vessels. The NCB provides on-site inspection services to ensure that cargoes are stowed correctly and that incompatible materials are not stowed together. In the case of shipments......
  74. National Flag Carrier A common car RIER (read this and related legal terms for further details)-usually a steamship line or an airline- that bears its country's flag and is viewed in the trading community as representing the commercial in......
  75. National Treatment Principle A view of international economic transactions that asserts that a nation should accord the same treatment to foreign merchandise, investments, shipping, and entrepreneurs as it does to domestic counterparts under like commercial conditions. Apart from international practice on the part of the Europe......
  76. National Health Insurance Introduction to National Health InsuranceNational Health Insurance, government-operated system of insurance that provides financial benefits and medical services to persons disabled by sickness or accident. National health insurance systems are found in many countries, particularly in Europ......
  77. National Health Insurance History Introduction to National Health Insurance HistoryThe first country to provide health insurance on a national scale was Germany. The German chancellor Prince Otto von Bismarck obtained passage of a compulsory sickness-insurance law in 1883, which was financed by a state subsidy. Various type......
  78. National Socialism Origins National Socialism Origins and Rise of NazismIntroduction to National Socialism OriginsNational Socialism was similar in many respects to Italian fascism (see Fascism). The roots of National Socialism, however, were peculiarly German, grounded, for example, in the Prussian traditio......
  79. National Socialist Party National Socialism The National Socialist PartyIntroduction to National Socialist PartyThe National Socialist Party originated in the German Workers' Party, formed in Munich in 1919. At the time that Hitler joined it in 1919, the German Workers' Party had a nominal membersh......
  80. National Foreign Trade Council National Foreign Trade Council in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of National Foreign Trade Council: An organization of US companies engaged in international trade and investment, based in [...]...
  81. National Association of Manufacturers National Association of Manufacturers (NAM) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of National Association of Manufacturers (NAM): An organization representing US industry views on national and [...]...
  82. National Bureau of Economic Research National Bureau of Economic Research (NBER) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of National Bureau of Economic Research (NBER): A private, nonprofit organization engaged in quantitative analysis [...]...
  83. National Planning Association National Planning Association in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of National Planning Association: A private, nonprofit organization specializing in research and economic policy formulation [...]...
  84. National Economic Council National Economic Council (NEC) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of National Economic Council (NEC): The NEC was established at the outset of the Clinton Administration to coordinate US [...]...
  85. National Trade Estimate National Trade Estimate (NTE) Report and the GATT Policy Negotiations In relation to the GATT Policy Negotiations, Christopher Mark (1993) provided the following explanation and/or definition of National Trade Estimate (NTE) Report: A report on significant foreign trade barriers published in [...]...
  86. National Export Initiative In the United States For information about National Export Initiative in the context of international trade, click here...
  87. National Unity Government National Unity Government in Election Law Government formed by the overwhelming majority – or all the political parties represented in a parliament. Such a government is formed only when the political, economic or security situation of the country requires a certain level of consensus. [...]...
  88. National Action Plans Implementation of the National Action Plan on Women, Peace, and Security in 2013 United States views on international law [1] in relation to Implementation of the National Action Plan on Women, Peace, and Security: On September 23, 2013, Secretary Kerry announced a new initiative to [...]...
  89. National Defense Authorization Legislation U.S. Presidential Statements on 2013 and 2014 National Defense Authorization Acts in 2013 (Continuation) United States views on international law [1] in relation to U.S. Presidential Statements on 2013 and 2014 National Defense Authorization Acts: In contrast, sections 1033 and 1034 [...]...
  90. National Security Threat Literature Review on Climate Change: National Security Threat In the Encyclopedia of Public Administration and Public Policy, [1] Ashok Swain offers the following summary about the topic of Climate Change: National Security Threat: Global climatic change is an environmental problem of [...]...
  91. National Liberation Army National Liberation Army in 2016 aka ELN; Ejercito de Liberacion Nacional Activities In 2016, the ELN continued to target Colombia's infrastructure, particularly oil pipelines. The ELN also launched mortars at police stations and the military, placed explosive devices near roads, and [...]...
  92. National Arms and Flags Embracing mainstream international law, this section on national arms and flags explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "arms and flags, national" in the Parry and Grant Encyclopaedic Dictionary of [...]...
  93. National Human Rights Institutions National Human Rights Institution(s) Embracing mainstream international law, this section on national human rights institution(s) explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "national human rights institution(s)" [...]...
  94. National Liberation Movements Embracing mainstream international law, this section on national liberation movements explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "national liberation movements" in the Parry and Grant Encyclopaedic Dictionary of [...]...
  95. National Treatment Standard National Treatment (standard) Embracing mainstream international law, this section on national treatment (standard) explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "national treatment (standard)" in the Parry and [...]...
  96. National Sovereignty and Taxation This section provides an overview of national sovereignty and taxation within the legal context of Tax Law as an Issue of International Economic Law in international economic law (Main Regulatory Areas). Resources Further Reading Wolfgang Schön, "National Sovereignty and Taxation," [...]...
  97. National Treatment in Investment Law This section provides an overview of national treatment in investment law within the legal context of Non-Discrimination on Foreign Direct Investment in international economic law (Principles). Resources Further Reading Andrea K Bjorklund, "National Treatment in Investment Law," [...]...
  98. National Environmental Policy Act Resources See Also Environmental impact statements...
  99. National Liberation Movement Resources See Also Nation Province Sovereignty Rule of Law Public International Law State Territory...
  100. National Institute of Economic and Social Research National Institute of Economic and Social Research in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of National Institute of Economic and Social Research: A privately funded British ..research institute [...]...
  101. National Security Entry-Exit Registration System Elimination of National Security Entry-Exit Registration System (NSEERS) In relation to the international law practice and Elimination of National Security Entry-exit Registration System (nseers) in this world legal Encyclopedia, please see the following section: Trade, Commercial Relations, [...]...
  102. Net National Product Summary of Net National Product The sum total, expressed in monetary terms, of all goods and services produced in a country during a given period (usually one year), less the value of capital consumed (depreciation).(Main Author: William J. Miller) Resources See Also Gross [...]...
  103. Non-national Embracing mainstream international law, this section on non-national explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "non-national" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the [...]...
  104. Aviation Law In National Law Aviation Law in National LawAll countries have aviation legislation designed to conform to the international rules. In the United States, domestic law is embodied in the Federal Aviation Act of 1958 and the resulting federal aviation regulations. The Department of Transportation assumed som......
  105. Other National Courts The Other National Courts Name The Other National Courts is the standarized name of one of the (see the entries in this legal Encyclopedia about court rules and procedural law for more information on some aspects of the Other National Courts)....
  106. Gross National Product Summary of Gross National Product The aggregate value, expressed in monetary terms, of all goods and services attributable to a national economy during a given period, usually one year. The final sum includes all goods and services produced within the economy, plus income earned overseas [...]...
  107. Multi-national Mergers In the United States For information about Multi-National Mergers in the context of international trade, click here...
  108. Biodiversity Beyond National Jurisdiction Biodiversity Beyond National Jurisdiction in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): The fourth meeting of the United Nations General Assembly's informal working group on marine biodiversity in areas [...]...
  109. Gatt National Security Provision The National Security Provision—GATT Article XXI and the World Trade Organization The National Security Provision—GATT Article XXI in relation to the World Trade Organization (WTO) covers several issues....
  110. Gross National Income Gross National Income (gni) (in the Human Development Area) In this context, Gross National Income (gni) means: comprises the market value of all products and services generated regardless of where the output is produced in given period (i.e., its gross domestic product, plus net receipts of [...]...
  111. Transitional National Council in Libya Transitional National Council in Libya in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): On July 15, 2011, the United States recognized the TNC as the "legitimate governing authority" in Libya and stated [...]...
  112. Composite Index of National Capability Contents Composite Index of National Capability [CINC] Composite Index of National Capability Introduction “Power” – here defined as the ability ... Read more...
  113. Law professor, Grand National Assembly, Insurance 251. Law professor (uk) 252. Grand National Assembly (tr) 253. Education insurance 254. Lower Saxony 255. Constitutional law (tr) 256. ... Read more...
  114. Elements of the NAFTA National Treatment Obligation Contents Elements of the NAFTA National Treatment Obligation By Jon R. Johnson Goodmans LLP (December 2, 2001) NAFTA Article 1102(1) ... Read more...
  115. Application of the NAFTA National Treatment Obligation Contents Application of the NAFTA National Treatment Obligation Issues and Problems in the Application of the NAFTA National Treatment Obligation: ... Read more...
  116. European Framework Convention for the Protection of National Minorities Contents European Framework Convention for the Protection of National Minorities   Section I Article 1 The protection of national minorities ... Read more...
  117. European Framework Convention for the Protection of National Minorities 2 Contents European Framework Convention for the Protection of National Minorities   Article 13 Within the framework of their Education systems, ... Read more...
  118. Strengthening Cve Efforts by Sub-National, City, and Local Partners Strengthening Cve Efforts By Sub-National, City, And Local Partners in 2016 The United States supports the Strong Cities Network, a global network of municipal and other sub-national leaders and local government practitioners involved in building community resilience. The United States also [...]...
  119. Supporting the Development and Implementation of National Cve Action Plans Supporting The Development And Implementation Of National Cve Action Plans in 2016 The United States provides technical assistance to governments as they design and implement national CVE action plans, in partnership with civil society and the private sector. To reinforce these national action [...]...
  120. Sapphire International Petroleums Limited V. National Iranian Oil Company Sapphire International Petroleums Limited v. National Iranian Oil Company Embracing mainstream international law, this section on sapphire international petroleums limited v. national iranian oil company explores the context, history and effect of the area of the law covered here. Resources [...]...

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