Exam study Flashcards
How does common law system operate
Precedence
Eg. AU or USA
Who are the actors in domestic private law
Individual / individual
Who are involved in domestic public law
Individual / state
Who are the actors in international law
Sate v state
What does public international law deal with
Cases
What does private international law deal with
What law is applicable
Is international law voluntary
Yes, until signed and ratified. It is then compulsory by that choice.
What is the hierarchy within legal traditional method
- The law itself.
- Juris prudence. How the law has been interpreted in the past
- Doctrine. What people have said, legal scientists, judiciary
What characteristics does a state have
Permanent population
Defined territory
Government
Capacity to enter into relations with other states
How does civil law system operate
Case by case
Example France
What is the principle of common but differentiated responsibilities
Climate change is a global responsibility but individual states have greater ability to effect the response and also greater fault in causing the problem
What is covered in a BIT
Investment Who is covered Protection measures Compensation Transfer of currencies freely Most favoured nation
Describe the WTO
International organisation
Rule based and member driven
All decisions made by member governments
Define the GATT
The General agreement on trade and tariffs
Main objective is to remove barriers to trade through the reduction of tariffs, quotas and subsides.
Define GATS
General agreement in trade of services
Remove barriers to trade in services and promote economic growth
Basic obligations MFN and transparency
Specific commitments Market access and National treatment
Exempt services is support of government authority and in air transport services
