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INTERNATIONAL LAW

Nations, just like individuals, cannot live on their own and the relationship between the Nations of the State and travellers and the relationship between a kingdom and another are an inevitable consequence. Omnes populi, omnes gentes, omnes homines et naturalis ratio. (Justiniani, Institutiones, I, II, 2)

Mr Rocco Bianco, always keen on this subject and together with other International Law Firms – both Italian and foreign – since a few years is involved in legal issues concerning international law. He has obtained the license to practise the legal activity in the United Kingdom since 2013 as a REL (Registered European Lawyer) , and since 3.10.2016 he is also entitled to practice as Solicitor of the Senior Courts of England and Wales – ID SRA (Solicitor Regulation Authority) n. 598948. Since more than 4 years, Mr Rocco Bianco also works together with an International Law Firm of London as Of Counsel and he is registered in the List of Solicitors published by the Italian Consulate in London.

The international law, also called ius gentium (i.e. “law of people”), is the sector of law which regulates the relationships inside the international community.

The international law may be defined as the law of the “community of Nations”. This combination of rules gets its origins above the authority of every single Nation, arising from the cooperation with other Nations with each of them respecting it with its own rules – both constitutional and not. It is said that the international law ‘regulates the relationships between Nations’ to indicate that the international rules are addressed to the Nations, creating that way both rights and duties for them. The most considerable characteristic of today’s international law is that it does not only regulate international relationships but, even if it is fundamentally addressed to Nations, it tends to control national communities’ internal relationships.

The international law is also called public international law in contrast with private international law, which is composed by those national rules that define the private law of a Nation, determining in which cases it has to be employed and when judges are compelled to employ private law rules of a foreign Nation. In general, in private international law are also included all rules defining public law branches of a Nation toward another: i.e. the rules determining in which cases criminal law must be adopted for crimes committed abroad or by foreigners. Actually, international law is neither public nor private, since this distinction was born and makes sense only referring to national set of rules (cfr. B. Conforti, International Law, p. 1).

The core of international law is the fact of being international, so that it has its jurisdiction on a plurality of Nations and in places which are not regulated by national rules. With international private law people often mean commercial and economical issues which may relate to international commercial law, which is regulated by dedicated international agreements and by designated authorities of the United Nations and other supranational bodies as the European Commission and the European Parliament.

It is quite difficult to set out a clear-cut distinction between international public and private law, since it generally concerns issues which require a close examination of a set of rules more or less ascribable to national law but which generally refer to set of rules and agreements that determine the relationships among Nations, supranational organization rules, extraterritorial disputes and relations between corporations that work in more that one Nation. Among the different types of international law are also included, for example, lex mercatoria and international private law.