INTERNATIONAL LEGAL CONTEXT

CONCEPT OF INTERNATIONAL LAW Different ways to approach: Public International Law (traditional approach) Comparative Law Private International Law

1. International law, traditional approach STATE A STATE B ”International Law is the body of rules generally recognized by civilized nations as governing their conduct towards each other and towards each other’s subjects.” (Collins English Dictionary)

Topics of Public International Law E.g. Sources of international law Scope of international law International personality State territory State succession State responsibility to aliens Law of the sea Environmental law International dispute settlement Law of war

Classifying legal families according to the states’ set of laws 2. Comparative approach 2. Comparative approach §§ STATE A §§ STATE B Classifying legal families according to the states’ set of laws

CATEGORIES OF LEGAL SYSTEMS 2. ANGLO-AMERICAN COMMON LAW CIVIL LAW (= Continental law) Romano group Germanic group 2. ANGLO-AMERICAN COMMON LAW (= Case law) 3. ISLAMIC LAW SYSTEM (Theocratic law)

1. CIVIL LAW SYSTEM Based on the Roman law Abstract statutes are the main source of law Constitution Parliamentary Acts Decrees Legal rules created by authorities Supplementary sources of law Custom of the land Case law Jurisprudence

HISTORY OF ROMANO-CERMANIC CIVIL LAW SYSTEM ROME 12 tables 450 B.C. Corpus Iuris Civilis 528-534 A.D. CATHOLIC CHURCH > Canon law GLOSSATORS, COMMENTATORS, STUDENTS, 1000-1100 A.D. Effects on the English law Ius Commune (Common law of Europe) GUILDS, MERCHANTS Lex Mercatoria Legal nationalism 1500-1600 A.D. Followed by: Austria, Czech, Slovakia, Greece, Hungary, Switzerland, Turkey, Japan, South Korea, Scandinavian countries… Followed by: The Netherlands, Belgium, Poland, Spain, Portugal, Latin America, Indochina, sub-Saharan Africa, Indonesia… Effects on national jurisdictions German Civil Code 1896 Code Napoleon 1804

2. ANGLO-AMERICAN COMMON LAW SYSTEM 1066 Normans conquered England William the Conqueror began to centralize the governmental administration King’s courts represented the common custom of the realm => COMMON LAW EQUITY: complementary and supplementary norms ADMIRALTY: law and court with jurisdiction over marine affairs

Ray August. International Business Law. 2000. Prentice Hall. New Jersey

CIVIL LAW - COMMON LAW Sources of law: Codes Statutes Prescribed texts Court decisions, precedents

CHARACTERISTICS OF RULINGS: INTERNATIONAL ACCEPTANCE: COMPARISON BETWEEN CIVIL LAW COMMON LAW BASIC SOURCE: Codified law, abstract principles Specific circumstances => precedents => case law FACT FINDER: Judge Jury CHARACTERISTICS OF RULINGS: Predictability, consistency, uniformity Unpredictability, flexibility, procedural emphasis EFFECTS ON BUSINESS: Contracts can be lacking in detail Contracts must be comprehensive and detailed INTERNATIONAL ACCEPTANCE: Focus on national issues Refined to cope with issues of international trade

3. ISLAMIC LAW SYSTEM Main source of Shari’a is Koran Other sources: Sunna: traditional teachings and practices of the Prophet Muhammad Writings of Islamic scholars who derived rules by analogy from the principles established in the Koran and the Sunna Consensus of the legal community No evolution of Islamic law since the 10th century A.D. Shari’a is primarily a moral code

3. Private International Law STATE A STATE B ”International law is the body of rules and norms that regulates activities carried on outside the legal boundaries of states”. (Ray August)

Examples of Private International Law issues Contracts and sales Transportation Money and banking Financing Securities regulations Intellectual property Taxation Torts Inheritances Nationality Marriage and divorce