National vs. International Law Quiz
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Questions and Answers

What is the primary purpose of harmonized rules and standards in international trade?

  • To reduce the costs and complications of business (correct)
  • To eliminate competition in local markets
  • To simplify negotiations between countries
  • To enforce compliance with state laws

What term describes the self-regulated rules and standards not enforced by state authorities?

  • International treaty
  • Hard law
  • Soft law (correct)
  • Regulatory law

In an international legal case, what does the term 'court of jurisdiction' refer to?

  • The comparative law systems of different countries
  • The legal framework governing international trade
  • The location and authority that determines the case (correct)
  • The laws that apply to domestic disputes

What is meant by the term 'applicable law' in international legal cases?

<p>The law from the country that will be implemented in the case (A)</p> Signup and view all the answers

What are two critical questions that arise at the beginning of an international legal case?

<p>Which court will hear the case and which law will apply (A)</p> Signup and view all the answers

What does the principle of territoriality imply?

<p>All individuals are subject to the laws of the state in which they reside. (D)</p> Signup and view all the answers

What distinguishes bilateral agreements from multilateral agreements in international law?

<p>Bilateral agreements involve two states while multilateral agreements involve three or more. (B)</p> Signup and view all the answers

Which type of laws can directly affect the citizens or residents of a state?

<p>Self-executing rules (A)</p> Signup and view all the answers

How does national international law differ from intergovernmental international law?

<p>National international law is enacted by the state itself, while intergovernmental law is based on agreements between states. (C)</p> Signup and view all the answers

What is a primary example of intergovernmental international law?

<p>The multilateral agreements of the International Labour Organization (D)</p> Signup and view all the answers

What is the role of private rules and standards in the business sector?

<p>They are often created through self-regulation by business organizations. (B)</p> Signup and view all the answers

What are non-self-executing rules?

<p>Rules that need to be transformed into national law by participating states. (B)</p> Signup and view all the answers

In recent years, what trend has been observed regarding state laws and nationalism?

<p>States are increasingly leaning towards nationalism, leading to a rise in private rules. (B)</p> Signup and view all the answers

Flashcards

Internationally harmonized rules and standards

Rules and standards that are agreed upon by businesses across different countries to make international trade easier and more efficient.

Soft law

Rules and standards created by organizations and associations that are not enforced by governments, but businesses follow voluntarily.

Court of jurisdiction

The court that has the authority to hear and decide a legal case.

Applicable law

The law that is used to decide a legal case.

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International Litigation and Alternative Dispute Resolutions

The process of resolving legal disputes, whether through courts or alternative methods.

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Territoriality of Law

Law is usually confined to a specific country or territory, meaning it applies within those geographical borders.

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Intergovernmental International Law

International law emerges from agreements between countries, setting rules for their relationships.

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Bilateral Agreements

Agreements between two countries.

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Multilateral Agreements

Agreements involving three or more countries.

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Self-executing International Law

International law that automatically applies within countries without needing to be converted into national law.

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Non-self-executing International Law

International law that needs to be translated into national law before it can be enforced within a country.

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National International Law

Law made by a state, but with an international connection or regulating international matters.

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Private International Business Rules

Private rules and standards created by business organizations, especially when state involvement is minimal.

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Study Notes

National vs. International Law

  • Law is usually national/territorial, originating within a specific country.
  • Principle of territoriality: individuals are subject to the laws of the state where they are located.
  • International law arises from agreements between governments (bilateral or multilateral).
  • Intergovernmental agreements can be self-executing or require national transformation.

Intergovernmental International Law

  • International law arises from agreements between governments.
  • Bilateral agreements involve two states; multilateral agreements involve three or more.
  • Agreements can directly apply (self-executing) or require national implementation (non-self-executing).
  • International Labour Organization (ILO) conventions are an example of intergovernmental law; their application's status is debated.
  • ILO rules are often found in national laws.

National International Law

  • National law can have an international connection, regulating cross-border issues.
  • Examples include the Federal Act on Private International Law (PILA) which governs things like:
    • Jurisdiction of Swiss courts.
    • Applicable law.
    • Recognition/enforcement of foreign judgments.
    • Bankruptcy and debt restructuring.
    • Arbitration in international disputes.

Private International Business Rules

  • Private business organizations create rules outside state intervention (soft law).
  • International business often benefits from harmonized rules (e.g., for trade).
  • Private international business rules are enforced by organizations' bodies (e.g., International Chamber of Commerce [ICC] codes like the Advertising and Marketing Communications Code).

International Cases

  • International law applies when the case has an international dimension (at least two parties from different countries).
  • Critical legal questions arise in international cases:
    • Defining the applicable jurisdiction (court).
    • Determining the governing law.
  • Jurisdiction and applicable law are crucial, especially in international contracts; these elements should be explicitly addressed.

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Description

Test your knowledge on the differences between national and international law. This quiz covers key principles such as territoriality, intergovernmental agreements, and the application of international conventions. Explore how national laws interact with international norms and regulations.

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