Lectures
taus set
of legal rules that governs
the way members of
towards another
a
society act one
-
behavioral codes that guide ppl into actions that
conform to societal expectations
interior norms them automatic
might some → make
D duel not normal
? ex is a
what accepted behavior
-
is behavior anymore
↳
norms supported by codified social sanctions
* law -_
political product → they're not just about sanctions
political social
consequences
-
DIFFERENT SOURCES OF LAW
Ethene changed through history
summery constant
MORE
-
constitutions = AMST important national source f few DIFFICULT To
legislations [nationals Chisora
-
__
international
-
general admin#
decisions.
-
international treaties ( binding)
-
recognized custom
JUDGE
- case law / Jurisprudence ( active role
of judiciary -
☐ could
)
-
religious text implement
DIFF .
LEGAL SYSTEMS
dff.co?gce-pts
-
countries base law on
-
c. uh & common law
religious
-
law
-
customary law
-
thrived law
, customer
set of norms Unwritten →
pass from generation to generation
flexible ,
less formal ,
based on rcnltere
RECIGUOS LAW beliefs history
less flexible, rel
.
Ebooks , only how society is
governed
Civil LAW Colllbn LAW
germanic tradition unwritten case law based
precedents
-
romano -
on
* later historical heritage
-
anglo-american Rbigger role of
-
codified legal texts + scholars tv.se - es Jurisprudence
ccoss-pa- ion
DIFFERENT LEVELS OF LAW
NmorrxLAW_ You can't INTERNAT- and LAW
-
internal domestic affairs I beyor
ruled " "°"
-
nationally produced Your related STATE -
OTHER SUBJECT domestic
consequences
-
relate to notion bet *
↳
-
STATES FREELY AGREE
←
-
territory
behavior of individuals
day
,
-
,
external
,µ µ
affairs of state
court system based
a
on treaties
law enforcement protect international law enforcement
-
system
-
no
?⃝
, - Conditions that allow a
state to refuse cooperation in
legal-legitimate way
o Not reaching multilateral
and bilateral agreement
They can either be generic or specific
- Sovereignty
o Very generic, it refers to possibility of a stat to not cooperate in a sense that that
cooperation would not respect the sovereignty of that country
- Double criminality
o A crime has to be recognized as such in more countries
o U may refuse cooperation if a country is asking for information in regards to a crime that it’s
not recognized as such within your legal system
o Ex. homosexuality à in some countries considered a crime. The Netherlands may refuse to
cooperate in the extradition process of a person on the basis of homosexual accusations
§ Crime recognized in both
- Ne bis in idem
o U can refuse cooperation in case that person ha salready been convicted for that crime
§ Protection exists in many systems to avoid double sentences
• Unless there are new evidences
• Diff case law may
- Out there to protect the interests of requested state
Interests of individual
- Human rights à right to be tried without reasonable delay, to fair trial, impartial court, to timely
access case documents, examine witnesses, privacy
o In case State A, believe info send to B not respect rights country A may refuse cooperation
Legal advantages
- Cooperation in wide scope
Legal disadvantages
o Different crimes world wide
- Slow and indirect
§ Materially
- Dependent on variety of variables
§ Geographically
o Not to take for granted
Example à Soering vs UK case 1989
- Moved to US, Soerin german,
o They flee US for being found guilty of murdering her parents, moved to uk, get arrested for
fraud à authority discover there were a case in the US; who ask the extradiction
§ Elizabeth been a US citizens was easily extradicted, but Soering, being a german,
opposed the decision by UK court
• Went through all judgemental levels and submitted case to ECtHR àon the
grounds that if extradicted back to US, if found guilty
, /
international Court
+ court
system cess, # 4¥ difficult
(
__ no international sovereignty
☐
TRIED BUT WEAK PART
To no international
POLICE FORCE
tseaa
| |
CITIZEN
STATE
' '→ Err PRIVATE LAW PUBLIC LAW
INTERNAT .
LAW
that
STATE Public LAW include basic concepts of states
international.sed
diff . cultures have been
Delusions of international LAW
INTERNAT- HUMAN ROUTS Lsw
oNsL[
-
HUMANITARIAN CAN
INTERN .
HUMAN .
RIGHTS 1pm
'
* parts of international law that deals In PEA_cE
* system of protection during NorAcE
* states freely design to sign treaties → states are not bounded
so
statesagree to
abide them
nationally
Errr-%aE-IErtnat.sn
to comply
to
-
5 promise respect
= set of norms that regulate
CONFLICT
How -
WHY -5 use force
* AD BELLUM = law toward war
* use of force ca conflict
* USE IN BELLUM = law within war
key Text Geneva Convention
taus set
of legal rules that governs
the way members of
towards another
a
society act one
-
behavioral codes that guide ppl into actions that
conform to societal expectations
interior norms them automatic
might some → make
D duel not normal
? ex is a
what accepted behavior
-
is behavior anymore
↳
norms supported by codified social sanctions
* law -_
political product → they're not just about sanctions
political social
consequences
-
DIFFERENT SOURCES OF LAW
Ethene changed through history
summery constant
MORE
-
constitutions = AMST important national source f few DIFFICULT To
legislations [nationals Chisora
-
__
international
-
general admin#
decisions.
-
international treaties ( binding)
-
recognized custom
JUDGE
- case law / Jurisprudence ( active role
of judiciary -
☐ could
)
-
religious text implement
DIFF .
LEGAL SYSTEMS
dff.co?gce-pts
-
countries base law on
-
c. uh & common law
religious
-
law
-
customary law
-
thrived law
, customer
set of norms Unwritten →
pass from generation to generation
flexible ,
less formal ,
based on rcnltere
RECIGUOS LAW beliefs history
less flexible, rel
.
Ebooks , only how society is
governed
Civil LAW Colllbn LAW
germanic tradition unwritten case law based
precedents
-
romano -
on
* later historical heritage
-
anglo-american Rbigger role of
-
codified legal texts + scholars tv.se - es Jurisprudence
ccoss-pa- ion
DIFFERENT LEVELS OF LAW
NmorrxLAW_ You can't INTERNAT- and LAW
-
internal domestic affairs I beyor
ruled " "°"
-
nationally produced Your related STATE -
OTHER SUBJECT domestic
consequences
-
relate to notion bet *
↳
-
STATES FREELY AGREE
←
-
territory
behavior of individuals
day
,
-
,
external
,µ µ
affairs of state
court system based
a
on treaties
law enforcement protect international law enforcement
-
system
-
no
?⃝
, - Conditions that allow a
state to refuse cooperation in
legal-legitimate way
o Not reaching multilateral
and bilateral agreement
They can either be generic or specific
- Sovereignty
o Very generic, it refers to possibility of a stat to not cooperate in a sense that that
cooperation would not respect the sovereignty of that country
- Double criminality
o A crime has to be recognized as such in more countries
o U may refuse cooperation if a country is asking for information in regards to a crime that it’s
not recognized as such within your legal system
o Ex. homosexuality à in some countries considered a crime. The Netherlands may refuse to
cooperate in the extradition process of a person on the basis of homosexual accusations
§ Crime recognized in both
- Ne bis in idem
o U can refuse cooperation in case that person ha salready been convicted for that crime
§ Protection exists in many systems to avoid double sentences
• Unless there are new evidences
• Diff case law may
- Out there to protect the interests of requested state
Interests of individual
- Human rights à right to be tried without reasonable delay, to fair trial, impartial court, to timely
access case documents, examine witnesses, privacy
o In case State A, believe info send to B not respect rights country A may refuse cooperation
Legal advantages
- Cooperation in wide scope
Legal disadvantages
o Different crimes world wide
- Slow and indirect
§ Materially
- Dependent on variety of variables
§ Geographically
o Not to take for granted
Example à Soering vs UK case 1989
- Moved to US, Soerin german,
o They flee US for being found guilty of murdering her parents, moved to uk, get arrested for
fraud à authority discover there were a case in the US; who ask the extradiction
§ Elizabeth been a US citizens was easily extradicted, but Soering, being a german,
opposed the decision by UK court
• Went through all judgemental levels and submitted case to ECtHR àon the
grounds that if extradicted back to US, if found guilty
, /
international Court
+ court
system cess, # 4¥ difficult
(
__ no international sovereignty
☐
TRIED BUT WEAK PART
To no international
POLICE FORCE
tseaa
| |
CITIZEN
STATE
' '→ Err PRIVATE LAW PUBLIC LAW
INTERNAT .
LAW
that
STATE Public LAW include basic concepts of states
international.sed
diff . cultures have been
Delusions of international LAW
INTERNAT- HUMAN ROUTS Lsw
oNsL[
-
HUMANITARIAN CAN
INTERN .
HUMAN .
RIGHTS 1pm
'
* parts of international law that deals In PEA_cE
* system of protection during NorAcE
* states freely design to sign treaties → states are not bounded
so
statesagree to
abide them
nationally
Errr-%aE-IErtnat.sn
to comply
to
-
5 promise respect
= set of norms that regulate
CONFLICT
How -
WHY -5 use force
* AD BELLUM = law toward war
* use of force ca conflict
* USE IN BELLUM = law within war
key Text Geneva Convention
