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Questions and Answers
The Law on Competition was adopted in 2020.
The Law on Competition was adopted in 2020.
False
The Constitution is considered the supreme law of Cambodia.
The Constitution is considered the supreme law of Cambodia.
True
International treaties and conventions require approval from both the National Assembly and the Senate before becoming law.
International treaties and conventions require approval from both the National Assembly and the Senate before becoming law.
True
Royal Decrees are formulated solely by the King in Cambodia.
Royal Decrees are formulated solely by the King in Cambodia.
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The Law on Commercial Enterprises is equivalent to a 'companies law' or 'corporations law' in other jurisdictions.
The Law on Commercial Enterprises is equivalent to a 'companies law' or 'corporations law' in other jurisdictions.
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The Code of Civil Procedures was adopted on July 6, 2006.
The Code of Civil Procedures was adopted on July 6, 2006.
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The Military Court has jurisdiction over civilian offenses.
The Military Court has jurisdiction over civilian offenses.
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Sub-Decrees are signed by the King after adoption by the Council of Ministers.
Sub-Decrees are signed by the King after adoption by the Council of Ministers.
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The National Assembly in Cambodia has adopted over 600 laws since its formation.
The National Assembly in Cambodia has adopted over 600 laws since its formation.
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The appeals process outlined in the Code of Civil Procedures includes the uttor appeal.
The appeals process outlined in the Code of Civil Procedures includes the uttor appeal.
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All ordinary offenses committed by military personnel are tried exclusively in the Military Court.
All ordinary offenses committed by military personnel are tried exclusively in the Military Court.
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The hierarchy of laws in Cambodia includes Laws, Royal Decrees, and Treaties as levels.
The hierarchy of laws in Cambodia includes Laws, Royal Decrees, and Treaties as levels.
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Criminal law is always private law.
Criminal law is always private law.
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The Commercial Court and Labor Court have been fully established as independent entities.
The Commercial Court and Labor Court have been fully established as independent entities.
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The Constitutional Council was established in April 1998.
The Constitutional Council was established in April 1998.
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The Cambodian judiciary has only one Supreme Court.
The Cambodian judiciary has only one Supreme Court.
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The Court of Appeals in Cambodia reviews only questions of law.
The Court of Appeals in Cambodia reviews only questions of law.
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The Code of Civil Procedures provides provisions for the recovery of legal costs during litigation.
The Code of Civil Procedures provides provisions for the recovery of legal costs during litigation.
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As of June 2022, there are 5 Courts of Appeals in Cambodia.
As of June 2022, there are 5 Courts of Appeals in Cambodia.
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Court rulings are the same as judgments made by courts.
Court rulings are the same as judgments made by courts.
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The Extraordinary Chambers in the Courts of Cambodia (ECCC) is a type of military court.
The Extraordinary Chambers in the Courts of Cambodia (ECCC) is a type of military court.
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The Phnom Penh Municipal Court of First Instance is often used by commercial litigants.
The Phnom Penh Municipal Court of First Instance is often used by commercial litigants.
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The Supreme Court may review both questions of law and fact in all cases.
The Supreme Court may review both questions of law and fact in all cases.
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A dissatisfied litigant can appeal a municipal court's decision to the Supreme Court without any limitation.
A dissatisfied litigant can appeal a municipal court's decision to the Supreme Court without any limitation.
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The main responsibilities of the Constitutional Council (CC) include determining whether laws comply with the constitution.
The main responsibilities of the Constitutional Council (CC) include determining whether laws comply with the constitution.
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The Supreme Council of the Magistracy was established in 2000.
The Supreme Council of the Magistracy was established in 2000.
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Chaokrom refers exclusively to judges within the Cambodian judicial system.
Chaokrom refers exclusively to judges within the Cambodian judicial system.
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The Phnom Penh Municipal Court of First Instance primarily handles civil disputes.
The Phnom Penh Municipal Court of First Instance primarily handles civil disputes.
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Mediation by certain ministries in Cambodia has judicial authority and is binding.
Mediation by certain ministries in Cambodia has judicial authority and is binding.
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Chaokrom Angkuy is the title for judges who hold positions in the prosecutor department.
Chaokrom Angkuy is the title for judges who hold positions in the prosecutor department.
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The Supreme Council of the Magistracy has the power to discipline judges.
The Supreme Council of the Magistracy has the power to discipline judges.
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Cambodian judges and public prosecutors are categorized as magistrates.
Cambodian judges and public prosecutors are categorized as magistrates.
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The Ministry of Labor and Vocational Training can mediate disputes regarding unregistered land.
The Ministry of Labor and Vocational Training can mediate disputes regarding unregistered land.
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Cambodia successfully enforced a foreign arbitral award for the first time in 2014.
Cambodia successfully enforced a foreign arbitral award for the first time in 2014.
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The New York Convention allows for the enforcement of arbitral awards issued by tribunals in non-signatory countries.
The New York Convention allows for the enforcement of arbitral awards issued by tribunals in non-signatory countries.
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Arbitration is often considered a secondary option for foreign investors pursuing claims against a host State.
Arbitration is often considered a secondary option for foreign investors pursuing claims against a host State.
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The ASEAN Comprehensive Investment Agreement aims for regional economic integration by 2025.
The ASEAN Comprehensive Investment Agreement aims for regional economic integration by 2025.
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The ACIA requires member states to provide national treatment for foreign investments.
The ACIA requires member states to provide national treatment for foreign investments.
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A party dissatisfied with a dispute mediation result has no alternative but to accept the outcome.
A party dissatisfied with a dispute mediation result has no alternative but to accept the outcome.
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Investor-State dispute settlement mechanisms are commonly included in international investment treaties.
Investor-State dispute settlement mechanisms are commonly included in international investment treaties.
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A Covered Investment must be specifically approved in writing by the relevant authority of a member state.
A Covered Investment must be specifically approved in writing by the relevant authority of a member state.
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The ACIA benefits apply only to investors who are citizens of member states.
The ACIA benefits apply only to investors who are citizens of member states.
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A juridical entity in a member state is guaranteed ACIA protection regardless of its business activities.
A juridical entity in a member state is guaranteed ACIA protection regardless of its business activities.
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Treaty Shopping is the practice of using a treaty contrary to its object or purpose.
Treaty Shopping is the practice of using a treaty contrary to its object or purpose.
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An investor can submit a claim to host state courts immediately after the investment dispute arises.
An investor can submit a claim to host state courts immediately after the investment dispute arises.
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An investor is classified as controlling a juridical person if they can name a majority of its directors.
An investor is classified as controlling a juridical person if they can name a majority of its directors.
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ACIA protections can be denied if the investor of a member state is controlled by a non-member state investor.
ACIA protections can be denied if the investor of a member state is controlled by a non-member state investor.
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Every kind of asset owned by an investor qualifies as a Covered Investment.
Every kind of asset owned by an investor qualifies as a Covered Investment.
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Study Notes
Law and its Sources
- Law, in Cambodia, is a set of rules for action, binding legally.
- Law comprises four components: formal legislation (like the Constitution), court-made rules of law (precedents), customary industry practices, and legal concepts (legal doctrine for judicial procedure).
- The study of law concentrates on rules of law. If specific facts exist, courts will act or not act at the request of an individual. Facts create legal issues, which are solved using rules of law.
Overview of the Cambodian Legal System
- Cambodia's legal system is based on the 1993 Constitution, with many subsequent amendments.
- The system adopts a free-market economy model and a form of liberal democracy.
- The head of state is the king, primarily with symbolic powers.
- The parliament consists of the National Assembly and the Senate. The National Assembly elects and dismisses the Prime Minister.
- Cambodia has been receiving legal support from international bodies.
- The legal system is a blend of the civil law tradition (codified laws) and the common law tradition (judges making law).
- Cambodia's legal system is complex but has become less so after joining the WTO and enacting new commercial laws.
Current Status of Legal Reform and Future Trends
- Cambodia's government is implementing new laws and regulations.
- The new laws are combining principles of pre-1975 French civil law systems and common law systems.
- Cambodia aims for a smooth integration with other ASEAN members.
- The National Assembly has enacted over 550 laws (including amended laws) since 1993.
- Important laws include commercial law, negotiable instruments, secured transactions, and others which cover numerous aspects of business activities.
- The competition law was enacted in 2021; implementation mechanisms are underway.
Legal Hierarchy
- The Cambodian Constitution is the supreme law.
- Treaties and conventions are placed after the Constitution.
- Laws are enacted by the National Assembly and ratified by the King.
- Royal Decrees are issued by the King as per executing his constitutional powers.
- Sub-Decrees are formulated by the Prime Minister after adoption by the Council of Ministers.
- Ministerial Orders are issued by government members.
- Decisions/Deikas are local-level orders, enacted at province/district/commune levels.
Legislative Process
- The legislation progresses through various stages at the National Assembly.
- The Senate reviews the bills.
- The King promulgates the accepted bill into law.
- Private sector groups and the judicial and economic councils provide initial reviews to the draft bills.
- The Council of Ministers (Cabinet) reviews the draft laws.
Types of Law
- Legal topics are classified into categories (e.g., Public and Private Law, Substantive and Procedural Law).
- Public Law represents the state's interests (constitutional, administrative, criminal).
- Private Law concerns relationships between individuals (contracts, property, family).
- Substantive law defines rights and obligations, while procedural law governs processes for enforcing those rights.
System of Courts
- Cambodian courts are structured based on the 2014 Court Organization Law.
- The courts include the Supreme Court, Courts of Appeals, Provincial/Municipal Courts, a Military Court, and the Extraordinary Chambers in the Courts of Cambodia (ECCC).
- The Supreme Court handles legal issues, while Courts of Appeal handle both law and factual issues.
- The Phnom Penh Municipal Court is frequently used for commercial disputes.
- Lower courts manage various cases (civil, criminal, insolvency, commercial disputes.)
- Appeals can be made to higher courts.
Mediation and Commercial Arbitration
- Mediation is frequently used to resolve disputes.
- Arbitration (for commercial disputes) was previously less common but is now becoming more prevalent.
- Some ministries mediate disputes.
- Cambodia uses foreign arbitration awards, often from the New York Convention, to settle disputes.
- The ASEAN Comprehensive Investment Agreement (ACIA) has provisions for investor-state arbitration.
- Treaties and agreements influence Cambodian law in investor-state arbitration.
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Description
This quiz explores the fundamental aspects of law and its sources in Cambodia. It covers the various components of law, the structure of the Cambodian legal system, and the role of the Constitution. Gain insights into how legal issues are addressed through established rules and legislation.
