INTERNATIONAL LAW GUIDE.pdf

INTERNATIONAL LAW GUIDE Relevance of the Study of the Law in an International Business Bachelor Is crucial because it equips students with the essential knowledge to navigate the complex legal landscapes of global commerce. Understanding international tr...

INTERNATIONAL LAW GUIDE Relevance of the Study of the Law in an International Business Bachelor Is crucial because it equips students with the essential knowledge to navigate the complex legal landscapes of global commerce. Understanding international trade regulations, contract law, and dispute resolution mechanisms ensures that students can manage legal risks, ensure compliance, and effectively negotiate and execute agreements across different jurisdictions. Introduction to law The law is a set of norms, principles and definitions that regulate human conduct in a social environment, where the State acts as a sovereign authority with coercive power, to guarantee justice. NORMS All human conduct is governed by different types of rules of behavior that we call norms. Moral Norms Religious Social Legal Norms Conventionalisms Norms Bilateral Exterior Coercive Heterenomous  CHARACTERISTICS Autonomy Heteronomy Incorciblity Coercibility Exterior Interior Unilateral Bilateral Meanings of the Law Positive Law Current Law That which the State has given binding That which is currently binding; that which has not force at a been repealed or repealed. given time and place. These are the legal rules that are actually complied with at a given time. Objective Law Subjective Law The legal norms that impose duties and is the permission derived from the norm. grants rights. It is expressed in the laws. It In other words, it is the prerogative allows or prohibits something. Real Law Personal Law The legal power that is exercised directly Links two people and derives from a pre- and immediately over a thing to take full or existing legal relationship, which  partial advantage of it and that must be empowers them to demand compliance of respected by everyone. an obligation. Rights of Enjoyment and Disposal Rights of Mere Enjoyment Rights of Guarantee Public Law Private Law That which applies to the relations and Regulates relations between individuals. functions of the State, to its relations with individuals, with other States and with its own bodies. Social Law Natural Law Its objective is to try to eliminate the Set of rules and principles deduced by inequalities of human beings living in human reason, prior to and superior to society. the rules of positive law Branches of law Public Law Private Law Social Law Constitutional Law Civil Law Employment Law Administrative Law Commercial Law Agrarian Law Criminal Law Private International Law Social Security Law Public International Law Tax Law Procedural Law Legal Systems of the World It’s important study the various legal systems around the world in order to be able to be able to classify them and understand he inner workings of a country’s particular system. LEGAL SYSTEMS (dynamic) Norms that govern a community, the hierarchy that they maintain among themselves, how these come into force and cease to be effective. The way in which legal norms are produced The rights and obligations of citizens The political organization of the community being studied The way in which the distribution of power in society operates How the legal profession is regulated A legal system is composed of institutions, norms, processes and actors. Each country has its own legal system, based on the concept of sovereignty, and has characteristics that make it unique. Sovereignty Independence It refers to the exercise of authority in a certain territory. This authority falls on the people, although the people do not exercise it directly, but rather delegate said power to their representatives. The Principle of Sovereignty indicates that the Constitution is the foundation or the main basis of the legal system, so there cannot be a rule that is above it. ART 39: National sovereignty resides essentially and originally in the people. ART 9: At every election, the electors shall bear in mind not only that the persons to be elected should individually possess the qualifications required. Statute of the International Criminal Court (ICC) The International Criminal Court (ICC) prosecutes the perpetrators of crimes considered most serious by the international community (such as genocide and war crimes). Article 36: Entitled “Qualifications, Nominations and election of judges” LEGAL FAMILY The grouping of different national rights with common features to encompass them in groups. The purpose of grouping them in such a way is to facilitate their comparison. The function of the legal families is explicative. Social Order The Role of the How Law is Structure of the Law Made Law 1. Religious In Western In societies where 2. Secular societies, the law custom prevails. Syllogism: Process 3. If the constitutes a In societies where that consists of individual is obtaining a specific central element there is a the center of rule to the organization preponderance of society: from a pre-existing of society. jurisprudence. Individualist rule In traditionalists Societies where societies, the law the law is Communitarian Analogy: has a role involving paramount. Consists of applying the Collectivist a specific existing conservation of the rule to social order, usually cases close to those justified by to which this rule is religion. already In other societies, applied. the law functions to transform a society.  Neoroman Law Anglo-Saxon or Religious Law Socialist Law Common Law Includes countries Groups countries Includes countries It is made up of countries that with codified law that grant special that are governed adopted the authority to the by religious rules Marxist ideology rulings of judges. centered on a directed economy. Mixed or Hybrid Systems Some legal systems are difficult to place in the correct family. In these cases of mixed or hybrid systems, the important thing is to determine which family they have more similarities with. COMPARATIVE LAW Autonomous legal discipline or a simple method of analysis of the legal norms of various legal systems. Allows us to observe the how legal institutions are and how they develop parallel to each other. To compare is to use a method to understand the similarities and differences between different legal systems or families, or to compare specific legal institutions. The objective of comparative law is to study and compare institutions, systems, families and legal traditions. Neoroman Family Roman law is the set of norms, principles, jurisprudence, doctrine and rules of a legal nature developed by the jurists, which were born, evolved and were fully in force in Rome. First life of roman law It was imposed as a result of military conquests by force of authority and then by the authority of reason, as the Empire was organized. The fall of the western roman empire took down with it the Roman institutions that gave life to Roman law. Religious sentiment was very strong, and reason retreated. St. Paul, in his Epistle to the Corinthians, encourages charity over Justice. There was no real law, which would’ve beenuseless anyway, since there were no institutions with the power to ensure its respect. Visigoth king Alaric In 654, the Visigoth kings replaced barbarian law and Roman law with a single law, the Lex Visigothorum. Justinian His policy was focused on the restoration of the old empire; he wanted Roman legal culture to endure. He had Roman legal writings compiled and organized, divided into imperial constitutions and legal writings. Justinian's compilation was called Corpus Iuris Civilis. It was divided into 4 parts: 1. Digesto or Pandectas 2. Institutes 3. Codex Iustinianus 4. Novellae Constitutiones Second life of roman law Centuries after Justinian, the publication of these works was resumed when European culture adopted his legacy. It was in the XI century when the first universities in the world emerged, which began to study them. Codification movements (Bentham) The code must be understood as the grouping of law or one of its branches that allows anyone to know their rights and obligations. Codification is the way of implementing the current law of a country, in such a way that there is a fusion between the theoretical and the practical; it is about having a law that adapts to the needs of the time. Social purposes - which Political purposes Technical purposes - seek to where unify the population both legal security is sought, the socially and geographically. law is rationalized and legislative unity is pursued. RATIONALISM Rationalism proposed that reason should replace superstition and intolerance. From the XVII century onwards, Europe was invaded by an intellectual movement called Rationalism. characteristics of neoroman law  The neo-Romanist family gives a specific structure and form to the legal rules that are expressed and classified. The law divisions are the same in all the countries involved. The categories of civil, administrative or employment law are similar. The law is the primary source of law Anglo Saxon Family SOURCES OF LAW IN BRITISH LAW  REASON TREATIES JUDICIAL PRECEDENT Reason has the function of When the UK ratifies a Ruling made by judges that a subsidiary source of law, treaty with other countries, determines the outcome of whose main function is to it involves implementing future cases. fill the gaps in the legal local laws in accordance The English system of system. with the provisions of judicial precedent is those treaties. It is used to find the based on the principle most reasonable Parliament must of stare, which means solution to a dispute make laws to fulfilthe "to uphold what has when there is no obligations agreed in been decided and not precedent or custom thetreaties. to disturb what has prior to it or of been established. analogous application. English precedent is a rule limited to the facts towhich it was applied.