Podcast
Questions and Answers
Which of the following scenarios exemplifies the positivist view of law?
Which of the following scenarios exemplifies the positivist view of law?
- A society adhering to unwritten moral principles universally considered just.
- An international court referencing natural law in a human rights case.
- A legal system where laws are explicitly written, formalized, and enforced as commands. (correct)
- A nation's constitution reflecting evolving societal values over time.
Which legal source relies on the application of the 'stare decisis' principle?
Which legal source relies on the application of the 'stare decisis' principle?
- Legal writings and teachings by legal scholars.
- Decisions made by courts and tribunals. (correct)
- Legislation passed by a parliament.
- Religious doctrines endorsed by a state.
In a country with a mixed legal system, which source of law would most likely take precedence in resolving a contractual dispute?
In a country with a mixed legal system, which source of law would most likely take precedence in resolving a contractual dispute?
- Customary laws developed over generations of local practice.
- Codified statutes and case law, blending civil and common law traditions. (correct)
- Religious writings and teachings dominant in the region.
- Executive orders issued by the head of state.
Which characteristic differentiates public law from private law?
Which characteristic differentiates public law from private law?
What is the primary distinction between domestic and international law?
What is the primary distinction between domestic and international law?
What is a key difference between international and supranational law?
What is a key difference between international and supranational law?
Which branch of law directly regulates the structure and power distribution within a state?
Which branch of law directly regulates the structure and power distribution within a state?
How does constitutional law directly affect businesses operating within a country?
How does constitutional law directly affect businesses operating within a country?
What is the main difference between a unitary and a federal state structure?
What is the main difference between a unitary and a federal state structure?
Which concept ensures that all individuals and institutions, including the state, are subject to and accountable under the law?
Which concept ensures that all individuals and institutions, including the state, are subject to and accountable under the law?
Why is an 'unease of doing business index' often correlated with the number of regulations in a country?
Why is an 'unease of doing business index' often correlated with the number of regulations in a country?
How does law create incentives in the context of international business, using the "ex ante" perspective?
How does law create incentives in the context of international business, using the "ex ante" perspective?
What key feature of a legal personality significantly promotes business and an entrepreneurial approach?
What key feature of a legal personality significantly promotes business and an entrepreneurial approach?
What economic concept is related to minimizing the transaction costs involved in an agreement?
What economic concept is related to minimizing the transaction costs involved in an agreement?
Why does the law promote the principle of the 'general average' in maritime law?
Why does the law promote the principle of the 'general average' in maritime law?
Why does the law create legal certainty concerning business contracts?
Why does the law create legal certainty concerning business contracts?
What is the primary problem associated with the principal-agent relationship?
What is the primary problem associated with the principal-agent relationship?
How can the law help to mitigate the agency problem in business relationships?
How can the law help to mitigate the agency problem in business relationships?
Monopolies are often viewed negatively because they
Monopolies are often viewed negatively because they
What is 'rent-seeking' and why is it considered dangerous for value creation?
What is 'rent-seeking' and why is it considered dangerous for value creation?
What is the 'availability cascade' and how can it compromise public input into regulations?
What is the 'availability cascade' and how can it compromise public input into regulations?
What is the 'precautionary principle' and how might it negatively affect regulation?
What is the 'precautionary principle' and how might it negatively affect regulation?
What typically characterizes the approach of business associations as interest groups trying to influence policy?
What typically characterizes the approach of business associations as interest groups trying to influence policy?
Why is it not as simple as, if there is a punishment, there is compliance?
Why is it not as simple as, if there is a punishment, there is compliance?
What is the primary goal of the United Nations, according to the provided text?
What is the primary goal of the United Nations, according to the provided text?
Which institutions were created as a result of the Bretton Woods Conference?
Which institutions were created as a result of the Bretton Woods Conference?
Which organ of the UN has the power to adopt legally binding decisions?
Which organ of the UN has the power to adopt legally binding decisions?
What is the role of the International Court of Justice in international law?
What is the role of the International Court of Justice in international law?
What is the key principle of the Most Favored Nation (MFN) status in international trade agreements?
What is the key principle of the Most Favored Nation (MFN) status in international trade agreements?
What are the primary goals of the World Trade Organization (WTO)?
What are the primary goals of the World Trade Organization (WTO)?
What distinguishes a customs union from a free trade area?
What distinguishes a customs union from a free trade area?
What distinguishes an economic union as the highest form of economic cooperation?
What distinguishes an economic union as the highest form of economic cooperation?
What is the role of the President of the European Council?
What is the role of the President of the European Council?
What is the purpose of the Treaty on European Union (TEU) in the EU legal system?
What is the purpose of the Treaty on European Union (TEU) in the EU legal system?
What distinguishes EU regulations from EU directives?
What distinguishes EU regulations from EU directives?
What is the 'four freedoms' that the TFEU establishes?
What is the 'four freedoms' that the TFEU establishes?
What describes a company operating in various countries decides its liability based on how each country's
What describes a company operating in various countries decides its liability based on how each country's
What is a key aspect of EU's objective Private International Law
What is a key aspect of EU's objective Private International Law
Which forms of business structure is used to pool their money while minimizing the company's personal risks?
Which forms of business structure is used to pool their money while minimizing the company's personal risks?
What's a reason why a company would have to be registered?
What's a reason why a company would have to be registered?
What's the difference between an incorporated and unincorporated company?
What's the difference between an incorporated and unincorporated company?
Which of these organizations establishes rules for registration of a company?
Which of these organizations establishes rules for registration of a company?
Which is not one of the key aspects to keep in mind for company administration?
Which is not one of the key aspects to keep in mind for company administration?
Which of the following does an accountant not typically focus on when dissolving a company?
Which of the following does an accountant not typically focus on when dissolving a company?
What's the function of the board of directors?
What's the function of the board of directors?
Which of the following does not contribute to defining if you are a tax resident?
Which of the following does not contribute to defining if you are a tax resident?
Is it possible where a contract can be voidable because it has an implied intent to do something?
Is it possible where a contract can be voidable because it has an implied intent to do something?
Is it common to include mandatory conditions?
Is it common to include mandatory conditions?
In the event of the contract in an event of mistreatment, are courts used?
In the event of the contract in an event of mistreatment, are courts used?
Under Dutch Civil Code, what establishes key aspects with the personality, obligations, contracts, liability, and intellectual property?
Under Dutch Civil Code, what establishes key aspects with the personality, obligations, contracts, liability, and intellectual property?
After an offer is made, can it be taken back?
After an offer is made, can it be taken back?
Which approach to the origin of law views it as a formalized set of commands?
Which approach to the origin of law views it as a formalized set of commands?
Which entity typically produces codified standards or legislation?
Which entity typically produces codified standards or legislation?
In legal systems, what does 'stare decisis' typically ensure?
In legal systems, what does 'stare decisis' typically ensure?
Which of the following is characteristic of the application of law by the executive branch?
Which of the following is characteristic of the application of law by the executive branch?
What role do religious writings and teachings primarily play in a theocracy?
What role do religious writings and teachings primarily play in a theocracy?
Which statement describes the correct dynamic of what is required to transform a custom into a legal practice?
Which statement describes the correct dynamic of what is required to transform a custom into a legal practice?
What is the main characteristic of the 'ius cogens' principle in international law?
What is the main characteristic of the 'ius cogens' principle in international law?
In the context of legal families, what primarily defines a 'national legal system'?
In the context of legal families, what primarily defines a 'national legal system'?
What is the primary characteristic that distinguishes a civil law family in the legal system?
What is the primary characteristic that distinguishes a civil law family in the legal system?
Which of the following is the most indicative of public law relationships?
Which of the following is the most indicative of public law relationships?
What is a distinguishing feature of private law compared to public law?
What is a distinguishing feature of private law compared to public law?
What does 'ratification' mean in the context of international treaties?
What does 'ratification' mean in the context of international treaties?
In the structure of the United Nations, what is the role of the Security Council?
In the structure of the United Nations, what is the role of the Security Council?
Which entity in the UN is charged with settling legal disputes between states?
Which entity in the UN is charged with settling legal disputes between states?
What critical component must exist for goods and services under the MFN Principle in the WTO?
What critical component must exist for goods and services under the MFN Principle in the WTO?
What is the central aim of the World Trade Organization (WTO)?
What is the central aim of the World Trade Organization (WTO)?
How are trade rules determined in the World Trade Organization (WTO)?
How are trade rules determined in the World Trade Organization (WTO)?
Which of the following elements is included in addition to a free trade are to create a customs unions?
Which of the following elements is included in addition to a free trade are to create a customs unions?
Economic Union is characterized by member nations that do what?
Economic Union is characterized by member nations that do what?
Which treaty forms the foundation for the EU's single market?
Which treaty forms the foundation for the EU's single market?
Which characteristic illustrates key way EU regulations differ from EU directives?
Which characteristic illustrates key way EU regulations differ from EU directives?
What does the freedom of establishment primarily ensure in the EU?
What does the freedom of establishment primarily ensure in the EU?
What incentive does limited liability provide for business owners?
What incentive does limited liability provide for business owners?
What factor is considered for a business to be registered in several systems of law?
What factor is considered for a business to be registered in several systems of law?
For an incorporated company, what role does a statute serve?
For an incorporated company, what role does a statute serve?
What mainly forms the foundation for if a non-Dutch citizen can file taxes?
What mainly forms the foundation for if a non-Dutch citizen can file taxes?
What is a distinguishing feature of 'default conditions' within contract law?
What is a distinguishing feature of 'default conditions' within contract law?
If someone does their very best, but it's physically impossible are they at fault?
If someone does their very best, but it's physically impossible are they at fault?
The source of Dutch civil code is the source of aspects related to the legal personality, etc what other legal entities does it address?
The source of Dutch civil code is the source of aspects related to the legal personality, etc what other legal entities does it address?
Under Dutch Civil Code (Burgerlijk Wetboek), can contract offers be revoked?
Under Dutch Civil Code (Burgerlijk Wetboek), can contract offers be revoked?
Under what approach does a court only assess the consequences of a situation that has already occured with law?
Under what approach does a court only assess the consequences of a situation that has already occured with law?
When is a bank responsible for a situation where a thief has created a hostage situation by law?
When is a bank responsible for a situation where a thief has created a hostage situation by law?
What incentives does the law provide?
What incentives does the law provide?
When does 'rent-seeking' occur?
When does 'rent-seeking' occur?
Should you agree that a law should be for everyone?
Should you agree that a law should be for everyone?
What is the 'availability cascade'?
What is the 'availability cascade'?
What does it require to limit the Dutch/German concept of the "rechtstaat"?
What does it require to limit the Dutch/German concept of the "rechtstaat"?
What two freedoms are established in the constitution?
What two freedoms are established in the constitution?
What is the purpose of trade barriers?
What is the purpose of trade barriers?
What does MFN allow? #1
What does MFN allow? #1
What are the major benefits of a International economic cooperation?
What are the major benefits of a International economic cooperation?
How does the 'positivist view' contrast with the 'natural law' approach?
How does the 'positivist view' contrast with the 'natural law' approach?
What role does the executive branch play in the application of law in many countries?
What role does the executive branch play in the application of law in many countries?
What is the role of 'custom' as a source of law in the international context?
What is the role of 'custom' as a source of law in the international context?
How does a 'national legal system' differ from other types of legal systems, concerning scope?
How does a 'national legal system' differ from other types of legal systems, concerning scope?
In what primary way do public and private law differ, in effect and application?
In what primary way do public and private law differ, in effect and application?
In order for an international treaty to be applicable within a country, what process is required after its signing?
In order for an international treaty to be applicable within a country, what process is required after its signing?
What key factor distinguishes supranational law from international law?
What key factor distinguishes supranational law from international law?
In constitutional law, what does the 'separation of powers' primarily ensure?
In constitutional law, what does the 'separation of powers' primarily ensure?
How can constitutional law affect businesses operating within a country?
How can constitutional law affect businesses operating within a country?
If a government were to impose restrictions that favor local producers, what trade barriers are they likely to enact?
If a government were to impose restrictions that favor local producers, what trade barriers are they likely to enact?
How would you describe a key attribute of EU regulations that differs from EU directives?
How would you describe a key attribute of EU regulations that differs from EU directives?
Within the EU, what does the 'freedom of establishment' primarily ensure for businesses?
Within the EU, what does the 'freedom of establishment' primarily ensure for businesses?
How, under the concept of legal perso
How, under the concept of legal perso
Under Dutch law, what role does the Supreme Court’s Haviltex principle play in contract interpretation?
Under Dutch law, what role does the Supreme Court’s Haviltex principle play in contract interpretation?
What is the significance of limited liability for company owners?
What is the significance of limited liability for company owners?
In the context of contract law, what characterizes 'default conditions'?
In the context of contract law, what characterizes 'default conditions'?
Why is contract enforceability so important for market efficency?
Why is contract enforceability so important for market efficency?
According to discussed text, why has the application of regulations on data use been increasing?
According to discussed text, why has the application of regulations on data use been increasing?
What is a key distinction between tax avoidance and tax evasion?
What is a key distinction between tax avoidance and tax evasion?
How does the concept of 'general average' apply in maritime law, promoting trust and cooperation?
How does the concept of 'general average' apply in maritime law, promoting trust and cooperation?
Flashcards
What is law?
What is law?
A set of norms recognized in certain society and backed by the penalty system of the state
What is natural law?
What is natural law?
Understanding law as inherent values that govern behavior.
What is positivist view?
What is positivist view?
Understanding law as a formalized set of commands.
What are codified standards?
What are codified standards?
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What is case law?
What is case law?
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What is stare decisis?
What is stare decisis?
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What is executive branch?
What is executive branch?
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What is Sunna?
What is Sunna?
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What is custom?
What is custom?
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What is Legal principle?
What is Legal principle?
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What is legal system?
What is legal system?
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What is legal family?
What is legal family?
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What is Civil law family?
What is Civil law family?
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What is common law family?
What is common law family?
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What is National and international law?
What is National and international law?
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What is domestic law?
What is domestic law?
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What is international law?
What is international law?
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What is Supra-national law?
What is Supra-national law?
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What is An international organization?
What is An international organization?
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What is Constitutional law?
What is Constitutional law?
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What is Administrative law?
What is Administrative law?
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What is Criminal law?
What is Criminal law?
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What is Civil law?
What is Civil law?
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What is procedural law?
What is procedural law?
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What is miraculous regulation?
What is miraculous regulation?
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What is International business?
What is International business?
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What is EX POST approach?
What is EX POST approach?
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What is EX ANTE approach?
What is EX ANTE approach?
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What is limited liability?
What is limited liability?
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What is law ensures justice, fairness and public order?
What is law ensures justice, fairness and public order?
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What is legal certainty?
What is legal certainty?
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What is promoting trust and cooperation?
What is promoting trust and cooperation?
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What is the main problem in the relationship between the principal and the agent?
What is the main problem in the relationship between the principal and the agent?
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What is rentseeking?
What is rentseeking?
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What is the balancing of values by law?
What is the balancing of values by law?
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What is the precautionary principle?
What is the precautionary principle?
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What is interest groups?
What is interest groups?
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Why do we comply with the law?
Why do we comply with the law?
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What things are in control of compliance
What things are in control of compliance
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What is the Sovereign states?
What is the Sovereign states?
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What is The Social Council?
What is The Social Council?
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What does deglobalization really means?
What does deglobalization really means?
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What is MOst favoured nation clause?
What is MOst favoured nation clause?
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What Is are Preferential trade and free trade?
What Is are Preferential trade and free trade?
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What are Custom unions?
What are Custom unions?
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What are common markets?
What are common markets?
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What is Economic union?
What is Economic union?
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What is monetary union?
What is monetary union?
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Does the EU have a type of integration
Does the EU have a type of integration
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What is TEU?
What is TEU?
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What is TFEU?
What is TFEU?
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What are mandatory conditions?
What are mandatory conditions?
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Study Notes
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Key Concepts of Law
- Key concepts include law, legal sources, legal systems and legal families, private and public law, national and international law, and branches of law.
- Definition of law depends on its origin
- Natural law represents the inherent values that govern behavior
- it concept's main limit is in the absence of the limits
- refers to values, which make it subject to interpretation
- Positivist view considers that law positively exists in a formalized set of commands
- example is John Austin who defined law as a set of commands backed by a threat
Sources of law
- The sources of the law are understood as the rule or principle in which the law is represented
- Positivist understanding assumes law is objectified in specific rules where codified standards are the first source of law
- Natural law suggests law exists beyond written rules, manifesting as universal principles and values
- First type of legal source: codified standards or legislation
- written by legislator or executive authority
- often comes from Parliament
- examples include Brazil's Constituion of 1988, GDPR, TFEU Treaty
- Second type of legal source: application of the law
- legislation is applied by actors
- applied by courts, executive gov, or military
- legislation is precise but cannot resolve real life conflicts
- in Belgium, the Netherlands, France, and other continental European countries, court decisions are less important
- some countries apply the stare decisis rule where court decisions form a case law
- the higher court's decision in one case becomes mandatory for lower courts in similar cases.
- Precedent and stare decisis are applicable in the Anglo-American legal family.
- In many countries, the executive branch plays an important role in applying the law with regulations produced by ministries
- executive needs to stay within legal limits
- Market Supervision Decree in the Netherlands is an example
- In some countries, law is applied by the military
- The third type of legal sources: legal writings and teachings (doctrine)
- writings are used in the common law legal family and by the international courts as a subsidiary source
- when deciding disputes between States, in addition to the three principal sources of international law, the International Court of Justice is to draw upon teachings of the most highly-qualified publicists of the various nations.
- Religious writings and teachings play a role in the non-secular states i.e. States where the religion is endorsed by the state
- role of religious writings and teachings is especially pronounced in theocracies
- Arabic term "Sunna” for the prophet Muhammad's way of life and legal precedent, and example is in the life of a tribe which is reflected in the Qur'an's use of the word to mean the ways of God
- Customs are established and accepted legal practice, accepted by users, and last relatively long. Plays more important role in Africa
- important for international law
- trade & transit of goods with emerging importance (Lex mercatoria, lex maritima)
- Principles are general values which apply in law like Ius cogens and good faith;
- The legal system and legal family are related to understanding law's sources
Legal Systems and Families
- The national legal system is understood as a set of legal rules expressed in legal sources with a specific hierarchy
- Legal systems defined by State borders which may have exceptions
- The legal family is a cluster of legal systems sharing characteristics including the hierarchy of legal sources
- tradition differentiats civil, common, socialist, religious, and costmary law
- Civil law is codified (Legislations) with judical system being separated from legislative and excutive
- Primary source is codified standards (legislation) with origin in Roman empire
- Common Law is case law (objectivized in codified standards) with judical system being separated from legislative and excutive
- primary source is case law + codified law, the constitution is absent/ uncodified and medieval England origin
- Socialist Law sees codified Legislations to be primary, application by the executive, not judical system being separated
- primary source is codified standards (+Application by executive) with origin in soviet law + marxism
- Religious Law sees religious teachings and writings to be primary, the judicial system varying in separation
- primary source = religious with origin being the religious systems
- Traditional (customary) Law sees customs to be primary, the judicial system being often independent
- primary source = custom, and the origin is traditional indigenous people
Comparing Law Systems
- Comparing can be for evaluation, application, improvement, and unification purposes
- Can be macro with legal systems and micro with specific laws
Division of Public and Private Law and International
- Private Law is regulated by private law example is contract law
- Public Law is regulatd by Public Law example is constitutionnal Law
- International public law is laws governing the relationships between States
- national law domestically
- In order to establish equal standards around the world, promote cooperation between countries, and facilitate international transactions, attempts of law harmonization exist
- International (public) law a set of rules, norms and standards that are considered binding by the sovereign states and other actors, which are legally recognized as international actors; applicable to the relationship between public actors (states)
- supranational law differs from because states agreed to waive their sovereignty and allow bodies to produce laws applicable to private parties / international tribunal
- international organizations play a role as a stable set of norms in international (public) law
Branches of Law
- Constitutional Law for state issues + organization of power Administrative law for governments decisions
- Criminal Law for Public Law
- Civil Law for Private Law including company and property
- Procedural/Formal Raw supports the substantive Rules
- Sub-Branches :Tax, family , Labor,Company, Environnemental
Law's Role + Why?
- People think Law is a magical elixir but is is not.
- It Creates incentives, ensures justice, creates legal certainty, prevents rent-seeking, and aligns incentives.
- Law cannot fix bad occurrences by itself
- Must create new incentives
- Incentivizes and aligns them
- The Enforceability of the contract means the party's failure to comply with the contract makes it possible for another party to hold the faulty party liable : This is what creates Trust.
- Economics suggest Bargaining Costs should be lower for it all to be efficient
Law - Justice, Certainty, Order
- Principles of justice & faimesses are done with impartiality
- Public Order means rights are safely enjoyables
- Law is Backed by the government meaning public order is institutionalized.
Law's limits, People making Law + Compliance
- Enthousiasm for rules disappears at adoption
- Law is not created cleanly but on the hand of human, thus a result of pressure from Markets, risks, Groups, and failure.
- Compliance requires external variables
- Compliance requires the understanding of cost/benefit, subjective norm, and personality.
International Cooperation and Trade.
- The United Nations is primarily preoccupied with peace-building + virtually impossible without economic cooperation
- UN has an impact on the international business through political influence, facilitates treaties, and via World Bank/ IMF/ World Trade Organization
- World-Bank and IMF partners with the UN, with shared ideology and agenda
- The UN Charter (1945) created the International Court of Justice
- The UN Security Council has 5 permanent membe
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