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Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in time of war, rebellion, or natural disaster.

When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws. Martial law is justified when civilian authority has ceased to function, is completely absent, or has become ineffective. Further, martial law suspends all existing laws, as well as civil authority and the ordinary administration of justice. In the United States, martial law may be declared by proclamation of the President or a State governor, but such a formal proclamation is not necessary. Although the U.S. Constitution makes no specific provision for the imposition of martial law, nearly every State has a constitutional provision authorizing the government to impose martial law. The power of martial law, once held to be nearly absolute, has limitations; for example, civilians may not be tried by military tribunals as long as civilian courts are functional. Nonetheless, within the bounds of court decisions, a military commander's authority under martial law is virtually unlimited. Martial law has been declared nine times since World War II and, in five instances, was designed to counter resistance to Federal desegregation decrees in the South. Although a climate of mutual aid has always existed between the military and civilian law enforcement and should continue to exist, Department of Defense personnel are limited in what they can do to enforce civil law. Military personnel cannot be used in surveillance or undercover operations, and they may not be used as informants, investigators, or interrogators unless the investigation is a joint military-civilian operation in which the military has an interest in the case's outcome.

ADB has formalized strategic partnerships with a number of multilateral organizations. Some examples are provided below:

The memorandum of understanding emphasizes closer consultation on country assistance strategies, the elimination of duplication of efforts, the harmonization of operational procedures and processes, and the enhancement of efficiency and effectiveness at country and institutional levels.

Asian Infrastructure Investment Bank (AIIB)

The memorandum of understanding strengthens collaboration, including cofinancing, between ADB and AIIB in matters of common interest, and sets out areas for a more strategic cooperation in the Asian region.

European Bank for Reconstruction and Development (EBRD)

The memorandum of understanding focuses on joint operational activities in Central Asian Republics in institution development, environment, infrastructure, and private sector development.

Corporacion Andina de Fomento

The memorandum of understanding aims to foster knowledge management, promote exchange of best practices, and enhance policy and private sector dialogue, and South–South cooperation between Asia and Latin America.

European Investment Bank (EIB)

The memorandum of understanding covers cooperation in projects that involve private sector and public–private partnerships, climate protection, in developing risk-mitigating financial instruments, and funding in local currency.

Inter-American Development Bank (IDB)

The partnership framework focuses on joint implementation, information exchange capacity building, and policy research in aid for trade, climate change, regional economic integration, south–south cooperation, aid effectiveness, among others. There is also a memorandum of understanding covering cooperation on sustainable low carbon transport.

International Financial Institutions—harmonized development results indicators for private sector investment operations

The memorandum of understanding sets forth the intent of the 25 international financial institutions that signed it to harmonize data collection on private sector operations by adopting a common set of indicators, their definitions, and measurement. The intent is to reduce the reporting burden on private sector clients and enable comparison of data across projects and countries.

New Development Bank (NDB)

The memorandum of understanding facilitates collaboration in matters of common interest and sets out areas for stratgic cooperation toward the achievement of common objectives.

The memorandum of understanding expands ADB's direct access to GEF resources to include direct access to allocation of GEF resources for the preparation and implementation of GEF projects.

Organisation for Economic Co-operation and Development (OECD)

The memorandum of understanding covers collaboration at regional, country, sector, program, and project levels in aid effectiveness, anticorruption, governance, local economic development, environment, and finance. The 2009 memorandum of agreement includes a joint activity on "Asian Pension Reform."

World Health Organization (WHO)

The partnership involves a grant agreement for the implementation of the project, "Prevention and Control of Avian Influenza in the Asia and the Pacific."

World Trade Organization (WTO)

The memorandum of understanding which expired in 2004 covered implementation of joint technical assistance programs for ADB's developing member countries.

Regional Organizations

Association of Southeast Asian Nations (ASEAN)

The memorandum of understanding aims to help accelerate ASEAN regional cooperation and integration process in Asia. There is also a grant agreement for the implementation of the project, "Prevention and Control of Avian Influenza in the Asia and the Pacific."

South Asian Association for Regional Cooperation (SAARC)

The memorandum of understanding aims to support the efforts of the countries in South Asia to attain a sustainable reduction in poverty.

Southeast Asian Ministers of Education Organization (SEAMEO)

The memorandum of understanding explains the operational framework and practical modalities for the cooperation on education development issues.

The UN Charter, in its Preamble, set an objective: "to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained". Ever since, the development of, and respect for international law has been a key part of the work of the Organization.

This work is carried out in many ways - by courts, tribunals, multilateral treaties - and by the Security Council, which can approve peacekeeping missions, impose sanctions, or authorize the use of force when there is a threat to international peace and security, if it deems this necessary. These powers are given to it by the UN Charter, which is considered an international treaty. As such, it is an instrument of international law, and UN Member States are bound by it.

The UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations.

The principal judicial organ of the United Nations is the International Court of Justice (ICJ). This main body of the UN settles legal disputes submitted to it by States in accordance with international law. It also gives advisory opinions on legal questions referred to it from authorized UN organs and specialized agencies.

The Court is composed of 15 judges, who are elected for terms of nine years by the General Assembly and the Security Council.

What is the International Court of Justice? The Role and Activities of the ICJ

In addition to the International Court of Justice, a wide variety of international courts, international tribunals, ad hoc tribunals and UN-assisted tribunals have varying degrees of relation to the United Nations (such as the tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon).

The Mechanism for International Criminal Tribunals (the MICT) was established by the United Nations Security Council on 22 December 2010 to carry out a number of essential functions of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY), after the completion of their respective mandates. These are established by (and are Subsidiary Organs of) the Security Council.

The International Criminal Court (ICC) and International Tribunal for the Law of the Sea (ITLOS), were established by conventions drafted within the UN, but are now independent entities with special cooperation agreements.

End of Impunity — International Criminal Tribunal for the former Yugoslavia (ICTY)

International law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries.

International law's domain encompasses a wide range of issues of international concern, such as human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, the use of force, and the conduct of war, among others.

International law also regulates the global commons, such as the environment and sustainable development, international waters, outer space, global communications and world trade.

Rule of Law, Peace and Security

Some of the action of the Security Council have international law implications, such as those related to peacekeeping missions, ad hoc tribunals, sanctions, and resolutions adopted under Chapter VII of the Charter. In accordance with Article 13(b) of the Rome Statute, the Security Council can refer certain situations to the Prosecutor of the International Criminal Court (ICC), if it appears international crimes (such as genocide, crimes against humanity, war crimes, the crime of aggression) have been committed.

The UN Charter gives the General Assembly the power to initiate studies and make recommendations to promote the development and codification of international law. Many subsidiary bodies of the General Assembly consider specific areas of international law and report to the plenary. Most legal matters are referred the Sixth Committee, which then reports to the plenary. The International Law Commission and the UN Commission on International Trade Law report to the General Assembly. The General Assembly also considers topics related to the institutional law of the United Nations, such as the adoption of the Staff Regulations and the establishment of the system of internal justice.

The General Assembly’s Sixth Committee is the primary forum for the consideration of legal questions in the General Assembly. All UN Member States are entitled to representation on the Sixth Committee as one of the main committees of the General Assembly.

The International Law Commission promotes the progressive development of international law and its codification. The Commission’s work on a topic usually involves some aspects of the progressive development, as well as the codification of international law, with the balance between the two varying depending on the particular topic.

United Nations Commission on International Trade Law (UNCITRAL)

The United Nations Commission on International Trade Law is a core legal body of the United Nations system in the field of international trade law, with universal membership, specializing in commercial law, with a focus on the modernization and harmonization of rules on international business. The UNCITRAL Secretariat has established a Case Law on UNCITRAL texts (CLOUT) system for collecting and disseminating information on court decisions and arbitral awards relating to the Conventions and Model Laws that have emanated from the work of the Commission.

The UN Convention on the Law of the Sea

The United Nations Convention on the Law of the Sea lays down a comprehensive regime of law and order in the world's oceans and seas, establishing rules governing all uses of the oceans and their resources. The Division for Ocean Affairs and the Law of the Sea (DOALOS) of the Office of Legal Affairs of the United Nations serves as the secretariat of the Convention on the Law of the Sea.

The Status of Multilaterial Treaties Deposited with the Secretary-General online database provides the most detailed information on the status of over 560 major multilateral instruments deposited with the Secretary-General of the United Nations and covers a range of subject matters, such as Human Rights, Disarmament, Commodities, Refugees, the Environment, and the Law of the Sea. This database reflects the status of these instruments, as Member States sign, ratify, accede to, or lodge declarations, reservations or objections.

The Internal Justice System at the United Nations

A new Internal Justice System for the United Nations was introduced in 2009, with the goal of having a system that was independent, professionalized, expedient, transparent and decentralized, with a stronger emphasis on resolving disputes through informal means, before resorting to formal litigation. Because the United Nations has immunity from local jurisdiction and cannot be sued in a national court, the Organization has set up an internal justice system to resolve staff-management disputes, including those that involve disciplinary action.

Legal Resources and Training

The historic archives at the Audiovisual Library of International Law provide a unique resource for the teaching, studying and researching significant legal instruments on international law.

The United Nations currently offers Member States technical assistance in connection with a range of legal matters. Such assistance includes the provision of advice, expertise, research, analysis, training or other assistance.

Programme of Assistance for International Law

The Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law is meant to contribute to a better knowledge of international law “as a means for strengthening international peace and security and promoting friendly relations and co-operation among States.” It is one of the cornerstones of the efforts of the United Nations to promote international law.