Key Concepts and Sources of Law

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Questions and Answers

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?

  • 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?

  • 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?

<p>Public law involves an imbalance of power, with the state able to exert authority. (A)</p> Signup and view all the answers

What is the primary distinction between domestic and international law?

<p>Domestic law operates within a country; international law governs relations between countries. (D)</p> Signup and view all the answers

What is a key difference between international and supranational law?

<p>Supranational law allows bodies to create laws directly applicable to both states and individuals. (B)</p> Signup and view all the answers

Which branch of law directly regulates the structure and power distribution within a state?

<p>Constitutional law (D)</p> Signup and view all the answers

How does constitutional law directly affect businesses operating within a country?

<p>It establishes fundamental rights such as freedom of association and economic activity. (B)</p> Signup and view all the answers

What is the main difference between a unitary and a federal state structure?

<p>Unitary states concentrate power in the central government; federal states distribute power between central and regional governments. (A)</p> Signup and view all the answers

Which concept ensures that all individuals and institutions, including the state, are subject to and accountable under the law?

<p>Rule of law (D)</p> Signup and view all the answers

Why is an 'unease of doing business index' often correlated with the number of regulations in a country?

<p>Businesses often perceive compliance with numerous regulations as a burden. (A)</p> Signup and view all the answers

How does law create incentives in the context of international business, using the "ex ante" perspective?

<p>By encouraging certain behaviors and discouraging others to promote innovation and mitigate perverse impacts. (A)</p> Signup and view all the answers

What key feature of a legal personality significantly promotes business and an entrepreneurial approach?

<p>Limited liability (C)</p> Signup and view all the answers

What economic concept is related to minimizing the transaction costs involved in an agreement?

<p>Coase theorem (B)</p> Signup and view all the answers

Why does the law promote the principle of the 'general average' in maritime law?

<p>To encourage parties to think as a single owner, sacrificing the least valuable cargo to save the rest. (A)</p> Signup and view all the answers

Why does the law create legal certainty concerning business contracts?

<p>To create predictable and clear implications of violating the law making transactions easier. (C)</p> Signup and view all the answers

What is the primary problem associated with the principal-agent relationship?

<p>The agent's interests might conflict with the principal's interests. (C)</p> Signup and view all the answers

How can the law help to mitigate the agency problem in business relationships?

<p>By supporting the alignment of incentives through contracts. (C)</p> Signup and view all the answers

Monopolies are often viewed negatively because they

<p>may limit consumer choice and exploit customers. (C)</p> Signup and view all the answers

What is 'rent-seeking' and why is it considered dangerous for value creation?

<p>Trying to increase one's own wealth without society benefiting, creating perverse incentives. (C)</p> Signup and view all the answers

What is the 'availability cascade' and how can it compromise public input into regulations?

<p>A complex process simplified into simple or straightforward manner. (B)</p> Signup and view all the answers

What is the 'precautionary principle' and how might it negatively affect regulation?

<p>Tendency to overregulate when risk is unclear, may over-regulating when risk is unclear. (C)</p> Signup and view all the answers

What typically characterizes the approach of business associations as interest groups trying to influence policy?

<p>Focusing on providing information to decision-makers to build a close connection for favorable outcomes. (A)</p> Signup and view all the answers

Why is it not as simple as, if there is a punishment, there is compliance?

<p>Compliance is determined by various factors that involve attitude, evaluation, and motivation. (C)</p> Signup and view all the answers

What is the primary goal of the United Nations, according to the provided text?

<p>To maintain international peace and security. (D)</p> Signup and view all the answers

Which institutions were created as a result of the Bretton Woods Conference?

<p>The World Bank and the International Monetary Fund. (D)</p> Signup and view all the answers

Which organ of the UN has the power to adopt legally binding decisions?

<p>The Security Council (B)</p> Signup and view all the answers

What is the role of the International Court of Justice in international law?

<p>To settle disputes between states and give advisory opinions on international legal issues. (B)</p> Signup and view all the answers

What is the key principle of the Most Favored Nation (MFN) status in international trade agreements?

<p>One country's goods receive treatment no worse than that given to any other country. (C)</p> Signup and view all the answers

What are the primary goals of the World Trade Organization (WTO)?

<p>To liberalize trade through negotiation and dispute settlement. It cannot enforce trade. (B)</p> Signup and view all the answers

What distinguishes a customs union from a free trade area?

<p>Free trade areas reduce internal trade barriers, customs unions have unified external trade policies in addition. (D)</p> Signup and view all the answers

What distinguishes an economic union as the highest form of economic cooperation?

<p>Harmonizing trade rules and regulations, in addition to a common market that customs union has. (C)</p> Signup and view all the answers

What is the role of the President of the European Council?

<p>Defining the political priorities for the EU. (C)</p> Signup and view all the answers

What is the purpose of the Treaty on European Union (TEU) in the EU legal system?

<p>It establishes the purpose of the EU and its principles, as well as mandate of EU and institutions. (D)</p> Signup and view all the answers

What distinguishes EU regulations from EU directives?

<p>Regulations apply directly; directives require member states to transpose them into national law. (B)</p> Signup and view all the answers

What is the 'four freedoms' that the TFEU establishes?

<p>Freedom of movement of goods, services, workers, and capital. (B)</p> Signup and view all the answers

What describes a company operating in various countries decides its liability based on how each country's

<p>PIL (C)</p> Signup and view all the answers

What is a key aspect of EU's objective Private International Law

<p>Removes ability for choice of court in a particular contract by imposing Brussels regulations. (B)</p> Signup and view all the answers

Which forms of business structure is used to pool their money while minimizing the company's personal risks?

<p>LLC (D)</p> Signup and view all the answers

What's a reason why a company would have to be registered?

<p>Allows the corporation to have a trade name instead of a personal name for ease of identification. (B)</p> Signup and view all the answers

What's the difference between an incorporated and unincorporated company?

<p>One is a legal entity while the is composed of one or more natural persons without owning responsibility over assets. (D)</p> Signup and view all the answers

Which of these organizations establishes rules for registration of a company?

<p>The Dutch Tax service and Dutch Chamber of Commerce (B)</p> Signup and view all the answers

Which is not one of the key aspects to keep in mind for company administration?

<p>Business strategy. (A)</p> Signup and view all the answers

Which of the following does an accountant not typically focus on when dissolving a company?

<p>The legal rights of the consumer. (C)</p> Signup and view all the answers

What's the function of the board of directors?

<p>To direct strategic aspects of the company for success. (A)</p> Signup and view all the answers

Which of the following does not contribute to defining if you are a tax resident?

<p>Length you have been alive. (D)</p> Signup and view all the answers

Is it possible where a contract can be voidable because it has an implied intent to do something?

<p>Not generally, but this is determined in certain countries under certain clauses depending on facts and situations. (C)</p> Signup and view all the answers

Is it common to include mandatory conditions?

<p>This is primarily done in Civil Law countries. (C)</p> Signup and view all the answers

In the event of the contract in an event of mistreatment, are courts used?

<p>In some circumstances, an agreement must be performed in what the circumstances are and to handle it as well. (B)</p> Signup and view all the answers

Under Dutch Civil Code, what establishes key aspects with the personality, obligations, contracts, liability, and intellectual property?

<p>Civil code - burgerlijk Wetboek (B)</p> Signup and view all the answers

After an offer is made, can it be taken back?

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Which approach to the origin of law views it as a formalized set of commands?

<p>Positivist view (B)</p> Signup and view all the answers

Which entity typically produces codified standards or legislation?

<p>The Parliament (A)</p> Signup and view all the answers

In legal systems, what does 'stare decisis' typically ensure?

<p>Lower courts must apply precedents set by higher courts in similar cases. (A)</p> Signup and view all the answers

Which of the following is characteristic of the application of law by the executive branch?

<p>It operates within legal limits, subject to judicial review. (D)</p> Signup and view all the answers

What role do religious writings and teachings primarily play in a theocracy?

<p>They are integrated into the legal system and guide governance. (D)</p> Signup and view all the answers

Which statement describes the correct dynamic of what is required to transform a custom into a legal practice?

<p>It needs to be established, accepted, and practiced over a long time. (B)</p> Signup and view all the answers

What is the main characteristic of the 'ius cogens' principle in international law?

<p>They are legally binding principles that cannot be overridden. (A)</p> Signup and view all the answers

In the context of legal families, what primarily defines a 'national legal system'?

<p>A collection of legal rules expressed in sources with a hierarchy (D)</p> Signup and view all the answers

What is the primary characteristic that distinguishes a civil law family in the legal system?

<p>Codified standards as legislation (A)</p> Signup and view all the answers

Which of the following is the most indicative of public law relationships?

<p>A municipality demanding taxes (C)</p> Signup and view all the answers

What is a distinguishing feature of private law compared to public law?

<p>Greater degree of flexibility (D)</p> Signup and view all the answers

What does 'ratification' mean in the context of international treaties?

<p>The process by which a member state formally accepts a treaty. (A)</p> Signup and view all the answers

In the structure of the United Nations, what is the role of the Security Council?

<p>To take leads in determining threats to peace. (C)</p> Signup and view all the answers

Which entity in the UN is charged with settling legal disputes between states?

<p>The International Court of Justice (D)</p> Signup and view all the answers

What critical component must exist for goods and services under the MFN Principle in the WTO?

<p>They cannot be treated less advantageously than those from other countries (C)</p> Signup and view all the answers

What is the central aim of the World Trade Organization (WTO)?

<p>To liberalize trade by facilitating negotiations and acting as standard-setter (A)</p> Signup and view all the answers

How are trade rules determined in the World Trade Organization (WTO)?

<p>By consensus among all governments (A)</p> Signup and view all the answers

Which of the following elements is included in addition to a free trade are to create a customs unions?

<p>Harmonized external tariffs and quotas (C)</p> Signup and view all the answers

Economic Union is characterized by member nations that do what?

<p>Harmonize trade and regulations (A)</p> Signup and view all the answers

Which treaty forms the foundation for the EU's single market?

<p>Treaty on the Functioning of the European Union (TFEU) (A)</p> Signup and view all the answers

Which characteristic illustrates key way EU regulations differ from EU directives?

<p>Regulations do not require transposition by member states (B)</p> Signup and view all the answers

What does the freedom of establishment primarily ensure in the EU?

<p>The ability for businesses to set up and operate in any EU country. (A)</p> Signup and view all the answers

What incentive does limited liability provide for business owners?

<p>Discourages personal risk by capping losses (B)</p> Signup and view all the answers

What factor is considered for a business to be registered in several systems of law?

<p>Its complexity in a corporate or administrative sense, depending on which country’s laws (B)</p> Signup and view all the answers

For an incorporated company, what role does a statute serve?

<p>To lay the grounds for organization with guiding operational principles (C)</p> Signup and view all the answers

What mainly forms the foundation for if a non-Dutch citizen can file taxes?

<p>Most of your income is taxed? (D)</p> Signup and view all the answers

What is a distinguishing feature of 'default conditions' within contract law?

<p>They are primarily a concept used in the Dutch land countries (C)</p> Signup and view all the answers

If someone does their very best, but it's physically impossible are they at fault?

<p>This isn't typically going to be legally the responsibility of someone even by the contract law. (B)</p> Signup and view all the answers

The source of Dutch civil code is the source of aspects related to the legal personality, etc what other legal entities does it address?

<p>Legal personalities, obligations, contracts, liability, and intellectual property (B)</p> Signup and view all the answers

Under Dutch Civil Code (Burgerlijk Wetboek), can contract offers be revoked?

<p>There can be occasions where a period can be set, and results in the ways out (A)</p> Signup and view all the answers

Under what approach does a court only assess the consequences of a situation that has already occured with law?

<p>Ex Post. (A)</p> Signup and view all the answers

When is a bank responsible for a situation where a thief has created a hostage situation by law?

<p>When it leads to the perverse incentive. (A)</p> Signup and view all the answers

What incentives does the law provide?

<p>To encourage more people to behave in a certain way (A)</p> Signup and view all the answers

When does 'rent-seeking' occur?

<p>When something increases personal wealth without it increasing society's (D)</p> Signup and view all the answers

Should you agree that a law should be for everyone?

<p>No. (A)</p> Signup and view all the answers

What is the 'availability cascade'?

<p>A self-reinforcing cycle (B)</p> Signup and view all the answers

What does it require to limit the Dutch/German concept of the "rechtstaat"?

<p>That any governmental power is limited by law. (D)</p> Signup and view all the answers

What two freedoms are established in the constitution?

<p>Freedom of speech and trade (C)</p> Signup and view all the answers

What is the purpose of trade barriers?

<p>Prevent (A)</p> Signup and view all the answers

What does MFN allow? #1

<p>Goods and services from a the MFN country may not be treated less advantageously (B)</p> Signup and view all the answers

What are the major benefits of a International economic cooperation?

<p>Reduces trade barriers and creates specialization forming interdependencies (B)</p> Signup and view all the answers

How does the 'positivist view' contrast with the 'natural law' approach?

<p>Positivism defines law as commands backed by threat, differing from natural law's value-based interpretation. (D)</p> Signup and view all the answers

What role does the executive branch play in the application of law in many countries?

<p>It produces regulations for minor issues, operating within the boundaries set by broader legislation. (D)</p> Signup and view all the answers

What is the role of 'custom' as a source of law in the international context?

<p>It plays a significant role in areas like international private law, particularly concerning trade and transport customs. (B)</p> Signup and view all the answers

How does a 'national legal system' differ from other types of legal systems, concerning scope?

<p>It typically refers to a set of legal rules expressed in legal sources within specific state borders. (D)</p> Signup and view all the answers

In what primary way do public and private law differ, in effect and application?

<p>Public law relationships involve power imbalances with mandatory abidance, whereas private relationships are among equals (A)</p> Signup and view all the answers

In order for an international treaty to be applicable within a country, what process is required after its signing?

<p>Ratification by the state's legislator. (D)</p> Signup and view all the answers

What key factor distinguishes supranational law from international law?

<p>Supranational law involves states waiving some sovereignity to a body that can create binding laws. (B)</p> Signup and view all the answers

In constitutional law, what does the 'separation of powers' primarily ensure?

<p>Independence among the legislative, executive, and judicial branches. (A)</p> Signup and view all the answers

How can constitutional law affect businesses operating within a country?

<p>By establishing fundamental rights such as freedom of association and economic activity. (B)</p> Signup and view all the answers

If a government were to impose restrictions that favor local producers, what trade barriers are they likely to enact?

<p>Implementing quotas and 'buy national' campaigns to limit international trade. (C)</p> Signup and view all the answers

How would you describe a key attribute of EU regulations that differs from EU directives?

<p>Regulations standardize specific areas, directives set goals requiring national implementation. (D)</p> Signup and view all the answers

Within the EU, what does the 'freedom of establishment' primarily ensure for businesses?

<p>The right to set up branches or subsidiaries in any member state. (C)</p> Signup and view all the answers

How, under the concept of legal perso

<p>It allows them to be used almost as if they're people. (C)</p> Signup and view all the answers

Under Dutch law, what role does the Supreme Court’s Haviltex principle play in contract interpretation?

<p>It considers the meaning that both parties could reasonably attribute to the provisions. (D)</p> Signup and view all the answers

What is the significance of limited liability for company owners?

<p>It shields personal assets from business debts, thus encouraging entrepreneurship. (D)</p> Signup and view all the answers

In the context of contract law, what characterizes 'default conditions'?

<p>They include mandatory conditions which must be included for validity (A)</p> Signup and view all the answers

Why is contract enforceability so important for market efficency?

<p>It minimizes transaction costs which increases efficency. (B)</p> Signup and view all the answers

According to discussed text, why has the application of regulations on data use been increasing?

<p>Data is becoming more commoditized. (C)</p> Signup and view all the answers

What is a key distinction between tax avoidance and tax evasion?

<p>Avoidance is a lawful strategy, while evasion involves illegal acts. (B)</p> Signup and view all the answers

How does the concept of 'general average' apply in maritime law, promoting trust and cooperation?

<p>It allocates losses from sacrificed cargo to all parties to incentivize collective problem solving. (A)</p> Signup and view all the answers

Flashcards

What is law?

A set of norms recognized in certain society and backed by the penalty system of the state

What is natural law?

Understanding law as inherent values that govern behavior.

What is positivist view?

Understanding law as a formalized set of commands.

What are codified standards?

Written rules produced by the legislator or executive authority.

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What is case law?

Source of law represented by precedents of higher courts.

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What is stare decisis?

Courts must apply reasoning from previous similar cases.

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What is executive branch?

Executive branch plays a role when the laws are being applied

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What is Sunna?

Arabic term for prophet Muhammad's way of life and legal precedent

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What is custom?

Established and accepted legal practice.

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What is Legal principle?

General values which apply in law.

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What is legal system?

Set of legal rules expressed in legal sources with hierarchy.

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What is legal family?

Cluster of legal systems with similar basic characteristics.

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What is Civil law family?

Primary source is codified standards (legislation)

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What is common law family?

Primary source is case law (which eventually may be objectivized)

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What is National and international law?

Law exists both in the nation and international nature

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What is domestic law?

Law existing within a particular nation (state)

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What is international law?

Rules, norms, and standards considered binding by sovereign states.

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What is Supra-national law?

Based on agreements between states; allows supranational laws.

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What is An international organization?

A stable set of norms and rules meant to govern states' behavior.

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What is Constitutional law?

Regulates issues related to the state and individuals' obligations.

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What is Administrative law?

Deals with government's decision-making and its relationship to citizens.

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What is Criminal law?

Deals with crime and punishment.

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What is Civil law?

Regulates relationships between private parties.

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What is procedural law?

Formal rules supporting substantive rules.

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What is miraculous regulation?

Something to regulate more

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What is International business?

International business is characterized by three key features: companies, contracts and property

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What is EX POST approach?

focusing on what happens when the situation already occurred

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What is EX ANTE approach?

the perspective of incentives

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What is limited liability?

effectively means that the owner of the company will not be personally responsible with her own money if the company fails.

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What is law ensures justice, fairness and public order?

Impartial decisions are assigned based on transparent merits

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What is legal certainty?

Law is predictable and clear and the implications of its violation are foreseeable

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What is promoting trust and cooperation?

it makes that law provides similar incentives for different people

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What is the main problem in the relationship between the principal and the agent?

The agent might have its own interest preventing him from fully following the interest of the principal

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What is rentseeking?

somebody tries to increase its own wealth without creating a new wealth

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What is the balancing of values by law?

medication with multiple long-term side effects which we can hardly predict

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What is the precautionary principle?

When the risk is unclear regulate even if the risk is unclear

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What is interest groups?

A group of people seeks to influence public policy on the basis of a particular common interest or concern

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Why do we comply with the law?

The answer to this question is not as simple

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What things are in control of compliance

Cost and benefits of non-compliance

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What is the Sovereign states?

That treaties are made by sovereign states

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What is The Social Council?

It provides recommendations to the members but cannot make any binding decisions

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What does deglobalization really means?

It is important to point out that

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What is MOst favoured nation clause?

goods and services from the MFN country may not be treated less advantageously than

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What Is are Preferential trade and free trade?

reduce or abolish tariffs and quotas

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What are Custom unions?

the free trade area is complemented by harmonized external tariffs or quotas and

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What are common markets?

rules of free movement extend to services

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What is Economic union?

the trade rules and regulations are harmonized

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What is monetary union?

a single currency is in use

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Does the EU have a type of integration

economic, political

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What is TEU?

establish the purpose of the EU

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What is TFEU?

establishes the key aspects of the single market

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What are mandatory conditions?

customs union

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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
  • 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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