International Law Flashcards
Define: International Law
International law is the governing law over the nations of the world.
What are domestic legal systems influenced by?
Domestic legal systems are influenced by international law (but remains within national jurisdiction)
Other examples of domestic legal systems
Civil Law
Islamic Law
Chinese Law
What is the most widespread form of law?
Civil Law
Explain Civil Law
In Early modern Europe, they shift to codified law (As opposed to common law cases)
England resists these changes`
Why is common law widespread today?
Because England resisted these changes, sticking to common law, and had vast colonization.
What does Civil law stem from?
The Justinian code. Napoleon was a fan of the Justinian code and had big influence over countries like Spain and Italy.
Distinct groups of civil law
French, German (The German code had an influence on certain Asian countries like Japan)
What does the Civil Law system often rely on?
Often relies on legislation in large codes
A national system consists of various areas of law: Criminal, Commercial, Family
What is a source of Civil Law, that Common law does not share?
Scholarly writings
Judges role in Civil Law
Judges play a reduced law compared to Common law.
- Comprehensive Civil Law leaves less room for judicial interpretation
- Case decisions are based on other laws rather than other cases
- More focussed on objectivity than fact
- They are more like prosecutors than investigators
- Judges are practitioners and a separate profession from lawyers
The role of binding precedents in Civil Law
Binding precedents do not play a crucial role
The differences of Common Law and Civil Law
The lawyers role in civil law is more restricted than common law jurisdictions.
Due to legislation playing a big role in civil law, not a lot of research had to be done behind the scenes (i.e. precedent)
Despite being different, Civil Law is the closest thing to common law.
What does it mean to say that the NZ legal system is secular?
The church an the state are separate
- Although Christianity influenced law, it does not play a large role in modern society
What is Islamic law derived from?
The religion of Islam
Islamic Law and Islam are virtually inseparable
Sharia
Islamic law followed by Muslims
- Some nations are essentially Theocracies where the church and state are one.
- In some Muslim nations Sharia law exists parallel of a secular governmental system
The four main sources of Islamic Law
The Koran
Sunna
Ijma
Qiyas
The Koran
The direct words of Allah
The principles of Islam are laid out in the Koran
Covers rules for divorce, Usury, appropriate punishment for criminal wrongdoing.
Sunna
The practices of the prophet Mohammed
- Clarifies details of the Koran for everyday life
Ijma
Consensus among scholars on contentious point of law
- If something is not clear
- Needs interpretation of Koran and Sunna