International Law

International law is composed of rules, customs, treatises between and among nations, and decisions by the International Court of Justice, which impact the legal transactions between nations, their governments, businesses, and organizations. The area of international law is continuously evolving, with nations adapting new rules as new customs and treatises arise. Nations are free to adopt or reject international laws, although there are instances when groups of countries pressure other groups of countries to ratify an international law in order to achieve goals that have universal effect.

The United Nations, and its counterpart court, the International Court of Justice, are the most influential organizations in the world with respect to international law. The United Nations regularly convenes to pass so-called conventions to address transnational issues, such as territorial disputes, human trafficking, human rights violation, environmental issues, and business transactions.

There are two types on international law: public and private. Public international law governs the disputes and transactions between nations, while private international law governs the legal disputes between the citizens of different nations.

While international law is difficult to define as a single body of law, there are three principles that govern: (1) principle of comity, (2) act of state doctrine, and (3) doctrine of sovereign immunity. Under the principle of comity, one of two nations who share common public policy ideas submits to the laws and judicial decrees of the other. Under the Act of State Doctrine, nations around the world agreed to respect the sovereignty of a nation in its own territory and agreed not to interfere with official domestic actions. Under the Doctrine of Sovereign Immunity, nations are immune from suits, unless they waive such immunity.

International law is a complicated set of laws that require the interpretation of expert international law attorneys. One of the issues arising from international law would be its enforceability. In cases of U.N. conventions, there are signatory states but not all signatory states ratify the conventions, which means the signatory states agree to the conventions but do not agree to implement the conventions to their national jurisdiction. In fact, the question of enforceability alone has spawned an area of the law where experts are sought after to answer this very specific question.

In the United States, the enforceability of international law is often highlighted in cases when a foreign national is convicted of a criminal offense, or when an American citizen is convicted of a criminal offense in another country. Depending on the agreement between the United States and the country where the convict is a citizen, there might exist an extradition agreement, which will usually provide that the country of the citizen will have jurisdiction over the convict. There might not exist an extradition agreement, and, because a criminal offense is a matter of national security, the country where the American citizen was convicted would not hand over jurisdiction to the United States. It is thus crucial to employ the assistance of an international law attorney as both municipal and international laws are complicated sets of law that need the interpretation of experts.

Areas of Law

Elder Law - Legal Information and Resources

Elder Law

Elder law, or senior law, is a group of laws whose main goal is to promote the interests and protect the welfare of the elderly. The enactment of elder laws is in recognition of the fact that the population of older individuals are increasing through the years. This means, the federal government and the state will be facing numerous issues related to ageing. In the United States, "elderly" is legally defined as people over the age of 60 years old.

There is no statute that codifies these laws under one umbrella. Rather, elder law is a combination of federal and state legislation, administrative rules and regulations, and court decisions. The Older Americans Act is the most significant legislation on the elderly. The OAA do not just aim to provide benefits and assistance to the elderly but also fund research on issues relating to ageing, such as diseases. The OAA has been amended numerous time to address current issues of the elderly and to include a comprehensive view of ageing, such that family members and community members are included as partners in providing support for the elderly.

While elder law encompasses numerous other laws related to ageing, it focuses on three issues: estate planning, long-term care, and guardianship. Estate planning is a process that is not necessarily only undertaken when one has reached the age of 60. Estate planning can be set up early in life and amended throughout the lifetime of the individual. With estate planning, the elderly will plan how they will be taken cared of when they are no longer able to do it themselves. This includes ensuring that the elderly's insurance and healthcare providers provide the care that they promised in their policies. Estate planning also involves deciding where the elderly's properties are going or how these properties are to be disposed of. Estate planning is meant to be comprehensive, which means all aspects of the life of the elderly must be planned out in preparation for disability or death. The most crucial part of estate planning is the drafting of a will to avoid future family conflicts.

On the aspect of guardianship, the elderly can appoint a family member or another person to take care of him when he can no longer care for himself. The appointment of a guardian can be done by oral directive but is best, and cautionary, to executive a power of attorney stating such appointment so that there will not be any dispute over the guardian's authority. In cases when the elderly do not have close family members who can take care of him, there are laws existing for the appointment of a guardian.

Elder law is a special area of the law that recognizes the valuable contribution of elderlies to the society. The elderlies get more vulnerable as they grow older, thus the country, under the doctrine of parens patriae, has the obligation to protect this group of people. Especially when one has become sickly due to age, it is best to consider hiring an elder law attorney to discuss the rights and benefits due to the elderly.


Areas of Law