Lecture 1 Flashcards
International Law
the rules that regulate contacts within the society of states
Private international law
regulates individual conduct with a transboundary element
public international law
regulates relations between the states
What does it mean that law is normative?
Normative” in the context of law refers to the idea that laws establish what ought to be done or not done, as opposed to simply describing what is currently the case. This means that laws set out rules and standards for behavior, and establish penalties for violations of those rules. Laws are therefore prescriptive and aim to regulate behavior and maintain social order.
What is law?
he whole of rules and norms that guides society and has solutions for problems that arise when people do not behave as others may expect from them.
Who is the legal subject?
natural persons: individuals,
legal persons: legal entities such as corporations, partnerships and government agencies
foundations
What is codification?
Codification is the process of collecting and organizing the rules of international law into a systematic and coherent code or set of laws. This can include treaties, customary international law, and general principles of law recognized by the international community. The goal is to make international law more accessible and easier to understand for states international organizations and individuals.
What codifications are there?
Corpus Juris Civil, Code Napoleon
What is the legalistic approach?
To find the norm only in the written text and apply it in a mechanistic way
Functions of law
maintaining social order, prescription of behavior, guideline, instrumental, attribute powers, providing means for social change
Kinds of law
constitutional law, private law, public law, criminal law
Constitutional law
establishes the fundamental principles by which a country is governed and sets limits on the authority of government officials and institutions, defines freedom of citizens and the procedures for protecting and enforcing rules
private law
between individuals and legal persons as equals, horizontal, personal interest
public law
between legal subjects not as equals (individuals and the state or government), vertical
criminal law
rules considering the criminality of certain behavior
