Law and its Sources in Cambodia
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Questions and Answers

The Law on Competition was adopted in 2020.

False (B)

The Constitution is considered the supreme law of Cambodia.

True (A)

International treaties and conventions require approval from both the National Assembly and the Senate before becoming law.

True (A)

Royal Decrees are formulated solely by the King in Cambodia.

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

The Law on Commercial Enterprises is equivalent to a 'companies law' or 'corporations law' in other jurisdictions.

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

The Code of Civil Procedures was adopted on July 6, 2006.

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

The Military Court has jurisdiction over civilian offenses.

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

Sub-Decrees are signed by the King after adoption by the Council of Ministers.

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

The National Assembly in Cambodia has adopted over 600 laws since its formation.

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

The appeals process outlined in the Code of Civil Procedures includes the uttor appeal.

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

All ordinary offenses committed by military personnel are tried exclusively in the Military Court.

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

The hierarchy of laws in Cambodia includes Laws, Royal Decrees, and Treaties as levels.

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

Criminal law is always private law.

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

The Commercial Court and Labor Court have been fully established as independent entities.

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

The Constitutional Council was established in April 1998.

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

The Cambodian judiciary has only one Supreme Court.

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

The Court of Appeals in Cambodia reviews only questions of law.

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

The Code of Civil Procedures provides provisions for the recovery of legal costs during litigation.

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

As of June 2022, there are 5 Courts of Appeals in Cambodia.

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

Court rulings are the same as judgments made by courts.

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

The Extraordinary Chambers in the Courts of Cambodia (ECCC) is a type of military court.

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

The Phnom Penh Municipal Court of First Instance is often used by commercial litigants.

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

The Supreme Court may review both questions of law and fact in all cases.

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

A dissatisfied litigant can appeal a municipal court's decision to the Supreme Court without any limitation.

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

The main responsibilities of the Constitutional Council (CC) include determining whether laws comply with the constitution.

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

The Supreme Council of the Magistracy was established in 2000.

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

Chaokrom refers exclusively to judges within the Cambodian judicial system.

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

The Phnom Penh Municipal Court of First Instance primarily handles civil disputes.

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

Mediation by certain ministries in Cambodia has judicial authority and is binding.

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

Chaokrom Angkuy is the title for judges who hold positions in the prosecutor department.

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

The Supreme Council of the Magistracy has the power to discipline judges.

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

Cambodian judges and public prosecutors are categorized as magistrates.

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

The Ministry of Labor and Vocational Training can mediate disputes regarding unregistered land.

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

Cambodia successfully enforced a foreign arbitral award for the first time in 2014.

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

The New York Convention allows for the enforcement of arbitral awards issued by tribunals in non-signatory countries.

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

Arbitration is often considered a secondary option for foreign investors pursuing claims against a host State.

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

The ASEAN Comprehensive Investment Agreement aims for regional economic integration by 2025.

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

The ACIA requires member states to provide national treatment for foreign investments.

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

A party dissatisfied with a dispute mediation result has no alternative but to accept the outcome.

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

Investor-State dispute settlement mechanisms are commonly included in international investment treaties.

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

A Covered Investment must be specifically approved in writing by the relevant authority of a member state.

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

The ACIA benefits apply only to investors who are citizens of member states.

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

A juridical entity in a member state is guaranteed ACIA protection regardless of its business activities.

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

Treaty Shopping is the practice of using a treaty contrary to its object or purpose.

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

An investor can submit a claim to host state courts immediately after the investment dispute arises.

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

An investor is classified as controlling a juridical person if they can name a majority of its directors.

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

ACIA protections can be denied if the investor of a member state is controlled by a non-member state investor.

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

Every kind of asset owned by an investor qualifies as a Covered Investment.

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

Flashcards

Constitution

The fundamental law of Cambodia, outlining the country's political structure, rights, and duties.

Treaties and Conventions

Formal agreements between Cambodia and other countries, ratified by the King after approval by the National Assembly and Senate.

Laws (Chhbab)

Laws passed by the National Assembly and Senate, then officially published through a royal decree.

Royal Decree (Preah Reach Kret)

Decrees issued by the King to carry out his constitutional duties, often formulated by the Executive.

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Sub-Decree (Anu-Kret)

Sub-Decrees signed by the Prime Minister after approval by the Council of Ministers, demonstrating the power of the Executive.

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Hierarchy of Legal Norms

The hierarchy of legal norms in Cambodia, where the Constitution is the highest authority, followed by treaties, laws, royal decrees, and sub-decrees.

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Law on Competition

The legal framework regulating competition and preventing monopolies within Cambodia, enforced through a specific mechanism.

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Enforcement Mechanism

The process of implementing laws in Cambodia involving different branches of government and government officials.

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Code of Civil Procedures

A set of laws that defines procedures in civil cases, providing legal clarity and structure.

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Oral Argument

Formal arguments presented before a court to resolve a legal dispute.

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Court Ruling

A court decision made without oral argument.

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Appeals

The process of appealing a lower court's decision to a higher court.

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Military Offenses

Cases involving military personnel, discipline, or military property.

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Commercial Court

A court specifically designed to handle cases related to commercial matters.

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Labor Court

A court dedicated to hearing cases related to labor laws and disputes.

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Constitutional Council

A body responsible for determining if laws and regulations comply with the constitution.

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Constitutional Council (CC)

A body responsible for safeguarding the Constitution, interpreting laws, and resolving election disputes.

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Supreme Council of the Magistracy

The highest judicial body in Cambodia, responsible for ensuring the independence of the judiciary, disciplining judges, and overseeing the court system.

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Chaokrom

A general title for both judges and public prosecutors in the Cambodian judicial system.

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Chaokrom Angkuy (Sitting Judge)

A judge who presides over trials or investigations.

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Chaokrom Chhor (Standing Judge)

A judge who works in the prosecutor department.

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Phnom Penh Municipal Court of First Instance

The primary court for hearing commercial disputes in Cambodia.

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Mediation in Cambodia

A non-binding process where a third party assists in resolving a dispute.

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Commercial Arbitration in Cambodia

A legal process where a neutral third party makes a binding decision on a dispute.

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Criminal Law

The type of law that is focused on offenses against the state, like theft or assault. The government brings the charges and seeks punishment.

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Civil Law

The type of law focused on disputes between individuals or organizations, like a contract breach or property damage. One party seeks compensation or action.

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Supreme Court

The highest court in Cambodia, primarily focused on reviewing legal issues, with limited exceptions for fact review.

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Courts of Appeal

Courts in Cambodia that review both legal and factual aspects of cases appealed from lower courts.

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Ang Chbab

The primary legal source in Cambodia, often translated as 'law' or 'legal code'.

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Ang Het

The term used in Cambodia for factual evidence presented in a legal case.

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New York Convention

The New York Convention governs international enforcement of arbitral awards. Countries that signed it agree to recognize and enforce awards from other signatory countries.

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First Successful Foreign Arbitral Award Enforcement in Cambodia

The first successful enforcement of a foreign arbitral award in Cambodia occurred in 2014, when the Supreme Court confirmed a decision regarding an award issued by the Korean Commercial Arbitration Board.

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ASEAN Comprehensive Investment Agreement (ACIA)

The ASEAN Comprehensive Investment Agreement (ACIA) is designed to promote regional integration and economic growth within the ASEAN Economic Community (AEC).

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Investor-State Arbitration under ACIA

Foreign investors can utilize investor-state arbitration under the ACIA to address disputes with host states. This mechanism helps ensure fair and equitable treatment of investments.

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ACIA's Investment Protections

The ACIA provides various protections for investments, including fair and equitable treatment, national and most-favored nation treatment, full protection and security, and protection from expropriation.

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Cambodia and the New York Convention

Cambodia, being a signatory to the New York Convention, generally recognizes and enforces properly issued arbitral awards from other signatory countries.

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Dispute Resolution under ACIA

The ACIA, like many investment treaties, aims to create a framework for resolving disputes between investors and host states. It provides a path for resolving disagreements.

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Ministerial Mediation and Court Appeals

While ministries like the Ministry of Labor and Vocational Training (MLVT) can mediate individual labor disputes, a dissatisfied party can still take the case to court.

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Covered Investment

An investment made by a company or individual from one ASEAN member state to another, meeting specific criteria, and enjoying protections under the ACIA.

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Substantial Business Entity

A legal entity established in a member state that conducts substantial business activities there. It receives ACIA protections even if its investor comes from outside ASEAN.

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Controlled Entity

A legal entity, like a company, established in one ASEAN member state and controlled by an investor from outside ASEAN. It can be denied ACIA protection when investing in another ASEAN member state.

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Control

An investor has the power to appoint a majority of a company's directors or otherwise control its operations.

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Treaty Shopping

The act of using a treaty for purposes other than those it was intended for. This can involve setting up legal entities to exploit loopholes and avoid investment restrictions.

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Consultation and Negotiation

The ACIA requires parties to try to resolve disputes through discussions and negotiation before resorting to legal action or arbitration.

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Investment Dispute Resolution

The process where an investor can file a claim against a host state's government for violating their rights under the ACIA.

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180-Day Period

A time limit of 180 days given to the host state to resolve an investment dispute through consultation. If the dispute is not resolved within this timeframe, the investor can pursue legal action or arbitration.

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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.
  • 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.
  • 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.
  • 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.

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