IBUS 493 First Class Notes (Chapter 1) PDF
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Concordia University
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Summary
These notes cover the fundamental concepts of law, including sources of Canadian national law, public and private law, domestic law, and international law. It further discusses concepts like state sovereignty, public international law, private international law, and the enforcement of international law.
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Notes IBUS 493: First class, Chapter 1 What is law: Law is a rule that can be enforced by the courts. What are the sources of Canadian national or domestic law: - Common law or judge-made law concerning case law and jurisprudence - Legislation passed by either the federal or provincial gove...
Notes IBUS 493: First class, Chapter 1 What is law: Law is a rule that can be enforced by the courts. What are the sources of Canadian national or domestic law: - Common law or judge-made law concerning case law and jurisprudence - Legislation passed by either the federal or provincial government What are the domestic law divided into: - Public law - Private law What is Public Law: It is the law that governs the relationship between individuals and the state. It determines the way the state is governed It includes constitutional law, criminal law and administrative law. What is Private law: It involves private legal persons (individuals or corporate entities) It includes the law of contract, civil liability and IP What is state sovereignty: It is the supreme and independent power and authority claimed by a national state over its own territory; principle that underpins international law. What is Public international law: It is the law regulating relations among nations. What is Private international law: It is the law regulating the affairs of private persons (including corporations) located in different countries. It is also called conflict of laws. Where does international public law come from: - Conventions (treaties) establishing rules between or among contracting states (countries) - International custom - General principles recognized by civilized nations - Judicial decisions and teachings of various nations as subsidiary for determing the rules of law. How is international law enforced: No state enforces international law. It relies upon voluntary compliance, negotiation, treaty provisions, reciprocity of retorsions and countermeasures, collective action, naming and shaming, direct enforcement by non-governmental organizations.
