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Trabalho Ingles Juridico

The document is a comprehensive study on International Law, focusing on its concepts, sources, and fundamental principles, particularly in relation to human rights. It outlines the evolution of International Law post-World War II and details the international treaties ratified by Mozambique. The conclusion emphasizes the importance of Public International Law in maintaining global order and protecting fundamental freedoms.

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0% found this document useful (0 votes)
5 views9 pages

Trabalho Ingles Juridico

The document is a comprehensive study on International Law, focusing on its concepts, sources, and fundamental principles, particularly in relation to human rights. It outlines the evolution of International Law post-World War II and details the international treaties ratified by Mozambique. The conclusion emphasizes the importance of Public International Law in maintaining global order and protecting fundamental freedoms.

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© © All Rights Reserved
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FACULTY OF LAW

Bachelor’s Degree in Law


Subject: Legal English
5th Year

Topic:
INTERNACIONAL LAW

Lectures:
Prof. Dr. Eliseu Mabasso
Master Orquidea M. Jonas
Bachelor Orlindo Matos Jonas
Student: Afonso Nordino Mazuze
Student number: 20212011

Maputo, may of 2025


2

Indice
Introduction................................................................................................................................3

Objective general....................................................................................................................3

Objectives specific of the study:.............................................................................................3

Internacional Law.......................................................................................................................4

Concept of International Law.................................................................................................4

Sources of International Law..................................................................................................4

Fundamental Principles of International Law........................................................................5

Areas Covered by Public International Law..........................................................................5

Human Rights in International Law.......................................................................................6

Fundamental Principles.......................................................................................................6

Universality and Inalienability:..........................................................................................6

Indivisibility and interdependence:.....................................................................................6

Equality and non-discrimination:........................................................................................6

State obligation:..................................................................................................................6

Jus Gentium and Jus Inter Gentes..........................................................................................7

International Conventions and Treaties Ratified by Mozambique.........................................7

Conclusion..................................................................................................................................9

References..................................................................................................................................9

Bibliography...........................................................................................................................9

Legislation..............................................................................................................................9
3

1. INTRODUCTION
International Law, as a dynamic and evolving legal system, governs the relations between
states and other subjects of the international community. Over the decades, it has undergone
significant transformations in response to the growing complexity of international
interactions, the rise of new actors, and the proliferation of global challenges.

Public International Law is a set of legal rules that governs the conduct of states, international
organizations, and, in some cases, individuals on the global stage. It plays a key role in
maintaining peace, regulating international relations, and promoting cooperation between
nations. Among its most important areas is the protection of human rights, which refers to the
basic rights and freedoms that every person is entitled to, regardless of nationality, race,
gender, or religion.

The development of international human rights law gained strength after the end of World
War II, especially with the creation of the United Nations and the adoption of the Universal
Declaration of Human Rights in 1948. Since then, many international treaties, agreements,
and institutions have been established to ensure that governments respect, protect, and fulfill
human rights. These instruments include the International Covenants on Civil and Political
Rights and on Economic, Social and Cultural Rights, as well as regional human rights
systems in Europe, the Americas, and Africa.

Objective general
 Discuss about international law.

Objectives specific of the study:


 Present the concept, sources, and fundamental principles of International Law
 Present the Human Rights in International Law
 Discuss Jus Gentium and Jus Inter Gentes
 Present Areas Covered by Public International Law
 Present International Conventions and Treaties Ratified by Mozambique
4

2. INTERNACIONAL LAW
Concept of International Law
International Law is the branch of the legal system that regulates relations between subjects
of international law, mainly sovereign states and international organizations, aiming to
maintain order, justice, and international cooperation. According to Francisco Rezek 1,
“International Law is the body of legal norms that govern the coexistence of peoples
organized into sovereign states, as well as their institutional interactions”.
A distinction is made between Public International Law, which deals with interstate and
international normative relations, and Private International Law, which deals with conflict of
laws in civil and commercial matters involving individuals or entities from different
countries.
International Law evolved significantly after World War II, particularly with the creation of
the United Nations (UN), becoming an essential instrument for promoting peace, human
rights, and global justice.

Sources of International Law


The sources of International Law are enshrined in Article 38 of the Statute of the
International Court of Justice (ICJ), the principal judicial organ of the UN, and are:
a) international treaties and conventions
Treaties are formal agreements between subjects of International Law, intended to produce
legal effects. As Antonio Augusto Cançado Trindade2 explains, "treaties reflect the
concordant will of states to bind themselves legally". Example: the Vienna Convention on the
Law of Treaties (1969).
b) International custom
This refers to the consistent and general practice of states accepted as law. According to
Malcolm Shaw3, “international custom represents the general practice of states accompanied
by the belief that such practice is legally obligatory”.
c) General principles of law

1
REZEK, Francisco. Direito Internacional Público: Curso Elementar. 15th ed. São Paulo: Saraiva, 2015. Pag
19.
2
TRINDADE, Antonio A. Cançado. Direito Internacional Contemporâneo: Novos Horizontes. Brasília: Editora
Universidade de Brasília, 2003. Pag 67.
3
SHAW, Malcolm N. International Law. 6th ed. Cambridge: Cambridge University Press, 2008. Pag 70.
5

These are principles recognized in domestic legal systems and applied at the international
level, such as good faith, equity, and responsibility.
d) Judicial decisions and doctrine
These are subsidiary sources, used to interpret and apply international norms. They include
decisions of the ICJ4, international human rights courts, and the writings of the most qualified
publicists.

Fundamental Principles of International Law


The principles of International Law reflect the essential values that govern international
order. They are primarily expressed in the United Nations Charter (1945), particularly in
Articles 1 and 2:
a. Principle of state sovereignty
Ensures that each state is legally equal, independent, and holds supreme authority within its
territory.
b. Principle of non-intervention
Prohibits interference by one state in the internal affairs of another. UN Resolution 2625
(1970) reinforces this principle as essential to peaceful coexistence.
c. Principle of self-determination of peoples
Recognizes the right of peoples to freely determine their political status and pursue their
economic, social, and cultural development.
d. Principle of peaceful settlement of disputes
States must resolve their disputes through peaceful means such as negotiation, mediation,
arbitration, or judicial decision.
e. Prohibition of the use of force
Prohibits the use of force in international relations, except in cases of self-defense or when
authorized by the UN Security Council (Article 51 of the UN Charter).
f. International cooperation
Aims to promote economic, social, and cultural development, as well as respect for human
rights and fundamental freedoms.

Areas Covered by Public International Law


a) State Sovereignty
Sovereignty is a core concept in international law. A sovereign state possesses territorial
independence, the power of self-government, and the capacity to engage in international

4
International Court of Justice (ICJ).
6

relations. Sovereignty is limited by compliance with international norms, especially


concerning human rights.
b) International Relations
International law regulates diplomatic, commercial, and security relations among states.
Instruments such as conventions, treaties, and resolutions guide state behavior in the global
arena.
c) United Nations (UN)
Founded in 1945, the UN’s primary goals are to maintain peace, promote human rights, and
foster international cooperation. Bodies such as the Security Council and the Human Rights
Council play key roles in the application of international law.

Human Rights in International Law


Fundamental Principles
International Human Rights Law is based on several foundational principles. Human rights
are governed by universal principles protected in international instruments, such as:

Universality and Inalienability: human rights apply to all individuals, regardless of


nationality, race, or religion. They cannot be arbitrarily taken away (Universal Declaration of
Human Rights, 1948).

Indivisibility and interdependence: civil, political, economic, social, and cultural rights are
equally important. - Civil, political, economic, social, and cultural rights are interconnected.
Example: The right to education (ICESCR, Art. 13)5, supports freedom of expression
(ICCPR, Art. 19)6.
Equality and non-discrimination: all people are entitled to equal treatment before the law.
States must ensure equal protection under the law.
State obligation: states are responsible for respecting, protecting, and fulfilling human rights
within their jurisdiction. Respect is States must not violate rights. Protect is Prevent abuses
by third parties. Fulfill is Take positive measures to ensure rights.

5
International Covenant on Economic, Social and Cultural Rights (ICESCR).
6
International Covenant on Civil and Political Rights (ICCPR), 1966.
7

Jus Gentium and Jus Inter Gentes


i. Jus Gentium (Law of Nations): Refers to universal legal principles that regulate the
conduct of peoples and is a precursor to modern international law. Jus Gentium
Customary international law binding all states (e.g., prohibition of slavery).

ii. Jus Inter Gentes (Law between Nations): Refers to the body of treaties and
conventions among states, with reciprocal binding force. Jus Inter Gentes Treaties
between states (e.g., Geneva Conventions, Paris Agreement). This consists of treaties
and international conventions, such as: The Convention Against Torture (1984); The
Convention on the Elimination of All Forms of Racial Discrimination (1965); The
Convention on the Rights of the Child (1989).

International Conventions and Treaties Ratified by Mozambique


Mozambique is a signatory to numerous international conventions and treaties covering
human rights, humanitarian law, the environment, international security, labor rights, and
regional cooperation. Below is a categorized list of major instruments ratified by the country:

1. Human Rights Treaties

Mozambique has ratified the core international human rights instruments, including:

 International Convention on the Elimination of All Forms of Racial Discrimination


(ICERD)
 International Covenant on Civil and Political Rights (ICCPR)
 International Covenant on Economic, Social and Cultural Rights (ICESCR)
 Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
 Convention on the Rights of the Child (CRC)
 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT)
 Optional Protocol to the CAT (OP-CAT)
 Convention on the Rights of Persons with Disabilities (CRPD)
2. International Humanitarian Law

Mozambique is a party to key instruments of humanitarian law

 The Four Geneva Conventions of 1949 and their Additional Protocols


 Convention on the Prevention and Punishment of the Crime of Genocide
 1951 Refugee Convention and its 1967 Protocol
 International Convention on the Suppression and Punishment of the Crime of
Apartheid
3. African Regional Instruments
8

Mozambique has ratified several African Union conventions, such as:

 African Charter on Human and Peoples' Rights


 Maputo Protocol on the Rights of Women in Africa
 Kampala Convention on the Protection and Assistance of Internally Displaced Persons
4. International Security and Criminal Law

Mozambique has acceded to several international security-related treaties, including:

 International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT)


 Convention on the Physical Protection of Nuclear Material
 Budapest Convention on Cybercrime
5. International Labour Organization (ILO) Conventions

Mozambique has ratified 20 ILO conventions, including:

 8 Fundamental Conventions
 3 Governance Conventions
 9 Technical Conventions
6. Environmental Conventions

Mozambique is also party to several major environmental treaties, such as:

 UN Convention to Combat Desertification


 Convention on the Conservation of Migratory Species of Wild Animals
 Convention on Biological Diversity
7. Trade and Investment Agreements

Mozambique is engaged in multiple bilateral and multilateral trade and investment treaties,
including:

 Bilateral Investment Treaties (BITs) with several countries


 Multilateral frameworks through organizations such as SADC and WTO
9

3. CONCLUSION
International Law represents more than a system of rules between states; it is a complex and
evolving framework that reflects the collective aspirations of the international community
toward peace, cooperation, and justice. Despite its decentralized nature and limitations in
enforcement, it maintains normative force through generally accepted principles, mutual
interests, and institutional cooperation.

The increasing recognition of individuals, organizations, and non-state actors as subjects of


international law demonstrates a shift toward a more inclusive and pluralistic legal order.
Furthermore, the interaction between international and domestic legal systems highlights the
growing importance of legal harmonization in the protection of global interests.

Public International Law is essential for maintaining order in the international system.
Although enforcement remains a challenge, its normative influence on state behavior,
international cooperation, and conflict resolution is significant.

Public International Law and Human Rights are essential frameworks for global governance,
ensuring peace, justice, and the protection of fundamental freedoms. Through treaties,
customary law, and judicial decisions, the international community continues to develop
mechanisms to hold states and individuals accountable.

4. REFERENCES
Bibliography
 REZEK, Francisco. Direito Internacional Público: Curso Elementar. 15th ed. São
Paulo: Saraiva, 2015.
 SHAW, Malcolm N. International Law. 6th ed. Cambridge: Cambridge University
Press, 2008.
 TRINDADE, Antonio A. Cançado. Direito Internacional Contemporâneo: Novos
Horizontes. Brasília: Editora Universidade de Brasília, 2003.

Legislation
 United Nations. (1948). Universal Declaration of Human Rights.
 International Covenant on Civil and Political Rights (ICCPR), 1966.
 International Court of Justice (ICJ).

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