• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 3 out of 25 pages
Summary

Summary - international law

Document preview thumbnail
Preview 3 out of 25 pages

International law summary with all chapters, with provisional exam questions and answers

Content preview

THE DIFFERENT LEVELS OF LAW




PUBLIC LAW
= The part of law which governs relationships between individuals and the government,
those relationships between individuals which are of direct concern to society.
Examples:
 Price fixing => harms the economy => illegal
 State ordering companies not to form cartels (state orders legal persons = public law)
 Taxes

PRIVATE LAW
The private law system evolved historically out of 2 families: common law and civil law.
Hybrid law is a mixture of both.

COMMON LAW
 unwritten
 The UK: England, Wales, Ireland, North-Ireland
 Ex UK commonwealth countries: India, China, South-Africa, Australia

CIVIL LAW
Is also called continental law as it is based on Code De Napoleon, which was influenced by
Roman Laws.
Continental Law evolved into three major groups within the EU:
1) Napoleonic
2) German
3) Scandinavian

,HYBRID LAW
= A mixture of Common Law and Civil Law
Mainly in states that during their history were ruled by both UK as another Continental
nation.
Examples:
 Quebec = France and UK
 South-Africa = the Netherlands and UK
 Scotland was only ruled by UK, but still chose for Hybrid Law

THE MAIN DIFFERENCES BETWEEN COMMON LAW AND CIVIL LAW
CIVIL LAW COMMON LAW
Origin= Continental Europe Origin= United Kingdom
Dogmatic= everything is structured and clear Pragmatic= cross the bridge when we get there
Based on Roman Law Not based on Roman Law
Codified (= written) => covers entire areas of the Not codified= does not cover entire areas of law
law Code Civil (Burgerlijk wetboek) Cas Law (acts on certain subjects/no code)
Court don’t need to follow stare decisis Based on precedent stare decisis (previous court
(precedents) => court judgments are NOT binding decisions) => court judgements are binding (it
(not law) becomes a law)


TYPES OF PRIVATE LAWS
1) PROPERTY LAW= who is the owner of the property
2) CONTRACT LAW= agreement between private parties
3) COMPANY LAW= law on how to govern a company
4) LAW OF TORTS= law on damages

WHY IS THERE NO SUCH THING AS “AN INTERNATIONAL LAW”?
DEMOCRACY
= Division of power
In a dictatorship one person holds all powers.

THE THREE POWERS
In a perfectly safe democracy, the power is in the hands of the following 3 powers:
1) LEGISLATIVE= authority to make laws for a political entity member are called
legislators, they are always elected. They pass the laws.
2) EXECUTIVE= executing and enforcing the law.
3) JUDICIARY= interprets and applies the laws in the name of the state, courts.

In other words, you would need an international parliament that ratifies the laws manned
with internationally elected representatives. This doesn’t exist. We only elect national
representatives and parliaments. There is no international state or union.

WHAT IS INTERNATIONAL LAW
1) International Private Law
2) International Public Law

, INTERNATIONAL PRIVATE LAW
There is no “International Private Law”, it is in fact National Private Law that comes
international because two individuals (natural person or legal person/company) form two
different states are in conflict.

The local national law will then decide which of both countries’ law will be carried.
In International Private Law the only thing that has to be handled is how to decide which
kind of law applies and, in that law, look which of the 2 national laws will handle it.

LEX FORI= you apply the law where the court is.
INTERNATIONAL PRIVATE LAW= national set of rules, national law, defines which national
law is applicable in a given case if there is a foreign element.
ATTENTION: it is the (national) law that decides which (national) law will be applied.
Checking national law might lead to the conclusion that the local law is not valid and they
need to apply a foreign/other national law.

INTERNATIONAL PUBLIC LAW
International Public Law is law carried between states.
We will address 2 subjects:
1) THE UN: United Nations & Human Rights
2) THE WTO: World Trade Organization & The Trade Agreements

Document information

Study
Uploaded on
August 13, 2023
Number of pages
25
Written in
2023/2024
Type
Summary
$9.79

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Seller avatar
Emmaheylen
3.0
(2)
Sold
10
Followers
7
Items
13
Last sold
1 year ago




Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions