University of Transnational Business Law

Search
Go to content

Main menu


Welcome to the University of Transnational Business Law

Transnational Business Law is a world based, non jurisdictional consultant for business in a global economy.

Mission Statement:
Transnational Business Law is an independent, nonpartisan firm dedicated to being a resource for its clients; government officials, business executives, journalists, educators and students, civic and religious leaders, and other interested citizens in order to help them better understand the world and the foreign policy choices facing transnational and international trade.


Transnational Law

All the law—national, international, or mixed—that applies to all persons, businesses, and governments that perform or have influence across state lines.
Transnational law regulates actions or events that transcend national frontiers. It involves individuals, corporations, states, or other groups—not just the official relations between governments of states.
An almost infinite variety of transnational situations might arise, but there are rules or law bearing upon each. Since applicable legal rules might conflict with each other, "choice of law" is determined by rules of conflict of laws or private international law. The choice, usually between rules of different national laws, is made by a national court.
In other types of situations, the choice might be between a rule of national law and a rule of "public international law," in which case the choice is made by an international tribunal or some nonjudicial decision-maker, such as an appointed body.

International law

Is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts signed and ratified.

Much of international law is consent-based governance. This means that a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct. This is an issue of state sovereignty. However, other aspects of international law are not consent-based but still are obligatory upon state and non-state actors such as customary international law and peremptory norms (jus cogens).

The term "international law" can refer to three distinct legal disciplines:
Public international law, which governs the relationship between states and international entities. It includes these legal fields: treaty law, law of sea, international criminal law, the laws of war or international humanitarian law and international human rights law.
Private international law, or conflict of laws, which addresses the questions of (1) which jurisdiction may hear a case, and (2) the law concerning which jurisdiction applies to the issues in the case.
Supranational law or the law of supranational organizations, which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective.

The two traditional branches of the field are:
jus gentium – law of nations
jus inter gentes – agreements between nations

CONTINUE


 
Back to content | Back to main menu