1. LEGAL FRAMEWORK FOR INTERNATIONAL BUSINESS

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

3. 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)

4. 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

5. §§ 2. Comparative approach 2. Comparative approach §§ STATE A STATE B
Classifying countries into legal families according to their set of laws

6. Comparison of municipal legal systems 2. Anglo-american Common Law
1. Civil Law
The romano group
The germanic group
2. Anglo-american Common Law
= Case law
3. Islamic Law system

7. History of Romano-Germanic Civil Law system
ROME
12 tables 450 B.C.
Corpus Iuris Civilis A.D.
CATHOLIC
CHURCH
> Canon law
GLOSSATORS,
COMMENTATORS,
STUDENTS,
A.D.
Effects on
the English
law
Ius Commune
(Common law of
Europe)
GUILDS,
MERCHANTS
Lex Mercatoria
Legal nationalism
A.D.
Followed by:
Austria, Czechoslovakia, 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

8. Lex Mercatoria
consists of common trade practices and norms of customary law among international trading partners.
It dates back to the Renaissance. Its main principles are that a merchant must deal in good faith, contracts are binding and resorting to arbitration tribunals .

9. 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

10. SOURCES Civil Law - Common Law Sources of law: Codes Statutes
Prescribed texts
Sources of law:
Court decisions, precedents

11. 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

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

13. 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

14. 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)

15. 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