1: Legal Principles and International Law Flashcards
What is criminal law? What must state prove?
Conduct of which state disapproves and seeks to control with threat of punishment
State must prove guilt beyond reasonable doubt
Regulate society by threat of punishment
Public law
Burden of proof on prosecution
Sentence the accused
What is civil law? What must state prove?
Related to relationship between individuals and provides remedies to settle disputes
Individuals must show liability on balance of probabilities
Private law
Burden of proof on claimant
Object: financial compensation to put claimant in position they would have been in had wrong not occured
Pay damages or other remedy
Sources of law?
Statute Law
- direct legislation
- delegated legislation
Case Law
What is the process for direct legislation?
Parliament = supreme legal authority
Acts of parliament process:
- to be come a Bill (proposed law)
- must pass through House of Commons and House of Lords
And receive royal assent
3 types of delegated legislation?
Statutory instruments: made by government ministers
bye-laws: made by local councils
Orders in council: made by the Privy council in the name of the Monarch on the advice of the PM
What is case law?
Been developed over time by judges when deciding the outcome of cases brought before the courts
The system of following decisions in similar cases is called doctrine of judicial precedent
Can be:
- binding (must be followed)
- persuasive (may be followed)
Statute law takes precedence over case law
With international trade, what laws can be used?
Parties entering into cross border contracts may agree in advance which country’s will apply (‘choice of laws’).
Or, can choose to use the UN or ICC’s rules
What is the UN rule on international trade?
UN Convention on Contracts for International Sale of Goods
Applies only to the commercial sale of goods where the buyer and seller of the goods have their places of business in different countries
Set out:
- obligations of buyer and sell
- the point of passage of risk
What 5 types of sale does the UNCISG not apply to?
MUST BE COMMERCIAL TRADE!
- where supply of labour is major part of contract (services)
- where the buyer provides most of the materials for the goods
- where goods are bought for personal or household goods
- goods are sold by auction
- sale relates to certain specific restricted products, ie. electricity, aircrafts, investments
UNCISG: obligations of buyer
To pay the price
Comply with formalities that enable payments to be made
UNCISG: obligations of seller
Deliver goods at place and time agreed in contract
If no delivery place - follow rules regarding place set out in convention
If no delivery time - deliver goods within a reasonable time of contract being formed
- deliver goods of quantity, quality and description in contract, package in agreed manner
If above not in contract - follow conformity requirements in convention
UNCISG: passage of risk?
Carriage included: place indicated on contract.
- not on contract, when the goods are transferred to the first carrier
Carriage not included: time and place where the buyer takes over the goods, or the goods are placed at their disposal
Goods sold in transit: passes at moment when contract is concluded
What is the ICC rule for international trade? And what does it do?
ICC Incoterms
Standard terms of trade which parties can use in cross border contracts
Sets out rules in connection with paying for things such as delivery, import and expert duties, insurance and freight costs
minimum obs on seller - ex works
maximum obs on seller - delivery duty paid
What is Sharia law? What is it a rule against?
Islamic finance governance
Explicit in Pakistan and Iran
Rule against usury - belief that you shouldn’t make money from money
Means avoiding paying or receiving interest
Profits in Sharia law?
Generating and sharing profits is allowed
Its necessary to structure contracts along profit sharing lines
