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Questions and Answers
What are the two main divisions of domestic law?
What are the two main divisions of domestic law?
Public law and private law.
Explain the concept of state sovereignty in relation to international law.
Explain the concept of state sovereignty in relation to international law.
State sovereignty refers to the supreme authority of a state over its territory, which underpins the principles of international law.
What is the primary difference between public international law and private international law?
What is the primary difference between public international law and private international law?
Public international law regulates relations among nations, while private international law governs the affairs of private persons from different countries.
Identify and describe one source of international public law.
Identify and describe one source of international public law.
How is international law primarily enforced?
How is international law primarily enforced?
Flashcards
State Sovereignty
State Sovereignty
The highest authority a national state has over its own territory.
Public International Law
Public International Law
Rules governing the interaction between nations.
Private International Law
Private International Law
Rules about the legal matters of private individuals who live in different countries.
Public Law
Public Law
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Private Law
Private Law
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Study Notes
Law Defined
- Law is a rule enforceable by courts.
Sources of Canadian National Law
- Common law (judge-made case law).
- Legislation (federal or provincial).
Domestic Law Categories
- Public law: governs relationships between individuals and the state.
- Includes constitutional, criminal, and administrative law.
- Private law: involves individuals or corporations.
- Covers contract law, civil liability, and intellectual property (IP) law.
State Sovereignty
- State sovereignty is the supreme power of a state within its territory.
- It's a foundational principle in international law.
Public International Law
- Law governing relations among nations.
Private International Law (Conflict of Laws)
- Regulates private matters (e.g., corporations) with ties to multiple countries.
Sources of International Public Law
- Treaties (conventions).
- International custom.
- General principles recognized by civilized nations.
- Judicial decisions and scholarly writings.
Enforcement of International Law
- International law lacks a central enforcement mechanism.
- It relies on voluntary compliance, negotiation, treaty provisions, and other measures like sanctions and shaming.
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