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ISTANBUL UNIVERSITY FACULTY OF LAW BASIC CONCEPTS OF LAW PP Presentation for the II. Lecture Kutluhan Bozkurt Dr. Iur. LL.M. Eur. (Munich) Copyright© K.

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Presentation on theme: "ISTANBUL UNIVERSITY FACULTY OF LAW BASIC CONCEPTS OF LAW PP Presentation for the II. Lecture Kutluhan Bozkurt Dr. Iur. LL.M. Eur. (Munich) Copyright© K."— Presentation transcript:

1 ISTANBUL UNIVERSITY FACULTY OF LAW BASIC CONCEPTS OF LAW PP Presentation for the II. Lecture Kutluhan Bozkurt Dr. Iur. LL.M. Eur. (Munich) Copyright© K. Bozkurt, PP. Presentation, Istanbul University, Faculty of Law. All rights reserved.

2 SECOND TOPIC: SUPRANATIONAL SYSTEMS STRUCTURE OF THE II. LECTURE  Vocabulary  General explanations - definitions  Characteristics of supranational systems  Sources of supranational systems  International organizations and supranational system  International- public international law – national law  Law of supranational system © Basic Concept of Law, Istanbul University, Faculty of Law, PP presentation by K. Bozkurt

3 Literature for the 2. lecture  M. Sur, Uluslararası Hukukun Esasları, Beta 2010, H. Pazarcı, Uluslararası Hukuk, Turan 2010, E. Bozkurt- M. Özcan-A.Köktaş, Avrupa Birliği Hukuku, Asil, 2011, K. Bozkurt, Avrupa Birliğinin Olușum ve Gelișim sürecinde Hukuk Ekseni, Hukuk ve Adalet Eleștirel Hukuk Dergisi Temmuz 2004,   ganization ganization 

4 Vocabulary list part 1 :  Supranational, system, social, structure, superstructure, development process, economic, politic, social order, diplomatic, factors, element, parameter, evolution, to design, international agreement, treaty, international relations, basically, local system, national system, conflict, dialectic, dialectic development process, historical development process, supranational law,

5 Vocabulary list part 2:  supranational jurisdiction, historical –political- background, organ, institution, politic system(s), hierarchical, nation state, nation, state, political legitimacy, world politic system(s), identification, entity, political and geographical entity, cultural and/or ethic entity, federation, confederation, federalism, multi-national state(s), cantonal system, perspective,

6 Vocabulary list part 3 :  political understanding, style, principle(s), argumentation, concept, to negotiate, to delegate, membership, authority, state authority, government, member state, description, to describe, sovereignty, hegemony, aspect, intergovernmental, intergovernmental treaties, global system, globalization, legal supremacy, extant, competence,

7 Vocabulary list part 4:  decision-making, deriving, political legitimacy, decision-making process, superior character, exercise, sovereign, legislative, executive, judicial authority, declaration, multi-treaties, dual-treaty, national-domestic regulations, to observe, autonomy, movement, a new conjectural status, to settle, regulation(s), directive(s), formation, target, decision(s), recommendation(s), opinion(s).

8 EXPLANATIONS AND DEFINITIONS:  Supranational systems were born in the 21th century and their development process is mainly based on economic, politic, social, diplomatic reasons and factors.  So the economic, politic, diplomatic, social development factors are basic elements and parameters for the evolution of supranational systems.  The supranational systems have also a legal dimension and parameter which can be designed to organize the structure of the supranational system.

9 EXPLANATIONS AND DEFINITIONS:  International agreements, treaties and also international relations rather public international relations can be found under the structure of the supranational systems.  The process of formation of supranational systems were based on negative effects of World War I. and World War II.

10 EXPLANATIONS AND DEFINITIONS:  The theoretical background of the supranational system were founded by I. Kant who was a famous German philosopher and who explained his ideas in the book, named The Public International Law (Das Völkerrecht).  The supranational systems and their laws are hierarchical upper than national systems and their laws.

11 EXPLANATIONS AND DEFINITIONS:  Although this, supranational systems have not only relations with national systems but also have some conflicts with them.  It seems that the conflicts between the supranational systems and national systems have an effect on the development processes (in the fields of politic, economic, legal, diplomatic, social and cultural) of the supranational systems and mainly of the national systems.

12 EXPLANATIONS AND DEFINITONS:  This is a dialectic and also historical development process as well.  In the development process of the supranational systems their special law system has been created which is called supranational law that has a superior character than national or international laws.

13 EXPLANATIONS AND DEFINITONS:  The supranational law refers to a law discipline and system.  The supranational law has an upper level than national laws.

14 HISTORICAL BACKGROUND AND DEFINITIONS:  First of all the supranational system refers to basically a new politic, economic, diplomatic and legal structure which exists on the local and national systems.  The concept, the supranational system, is a new definition and a new structure which is organized via political and legal organs or institutions.  The concept was born against nation state and its structure

15 HISTORICAL BACKGROUND AND DEFINITIONS:  Nation state is an important definition which has very much affected world politic system 19th century.  The nation state is a state that identifies itself as deriving its political legitimacy from a sovereign entity for a nation as a sovereign territorial unit.  While the state bases on a political and geographical entity, the nation bases on cultural and /or ethic entity.

16 HISTORICAL BACKGROUND AND DEFINITIONS:  Therefore the nation state can be compared and contrasted with that of the federal, multinational state, confederation systems or cantonal systems.  According to Turkish constitution Turkey is a nation state and Turkish political and legal system has accepted principals of the nation state system.  Germany, Austria are federal states, the USA is a multinational state, Swiss has cantonal system. The UK was formed as a unitary state, Kingdom of England and Kingdom Scotland, but now, the UK is formed as a multinational state.

17 HISTORICAL BACKGROUND AND DEFINITIONS:  After the World War II. the nation state understanding and system has been changed slowly and new concepts were created which are international systems and then finally supranational system.  Although this, some countries in the world keep still their political understanding and principles of the nation state. But also in these countries there are some evolution regarding the understanding of nation state and membership to an international organization or to a supranational system.  International –politic-diplomatic and economic- relations and intergovernmental treaties are main legal sources of supranational organizations and systems.

18 HISTORICAL BACKGROUND AND DEFINITIONS: So the definition of the supranational system or organization is a type of multi-national confederation or federation where negotiated power of the state is delegated to an authority or an organ or an institution by governments of member states. The concept of supranational system is usually used to describe the European Union, as a new type of political entity. The supranational system is a supranational policy that lies somewhere between a confederation that is an association of States and a federation that is a state.

19 CHARACTERISTICS OF SUPRANATIONAL SYSTEM:  The supranational system is based on international- intergovernmental treaties /agreements and international relations.  The concept signifies a superstructure which has politic, diplomatic, economic, social and finally legal aspects and parameters.  The system has upper level than national and local systems in hierarchically and especially the primary sources of system rules usually on the local rules or regulations.

20 CHARACTERISTICS OF SUPRANATIONAL SYSTEM:  The definition declares a new system and discipline that is a part of the new global system.  The system has special organs and institutions which have legal and political power on the member states.  Decision-making is partly intergovernmental and partly supranational within system.  The system has created and creates still its special law system and discipline which has superior character.

21 SOURCES OF SUPRANATIONAL SYSTEM:  The sources can be divided into 3 groups: internal, external and other sources of systems.  As it was said previously, main source of the supranational systems is international treaties /agreements (also intergovernmental treaties) which are between state-state, state-local organization, local- local organization, state – international organization or state- supranational system etc.  Treatises are external and also-sometimes – internal sources of system.

22 SOURCES OF SUPRANATIONAL SYSTEM:  International (intergovernmental) treaties are under affects of politic, economic, strategic, diplomatic and legal aspect and targets of countries and/or of local systems.  International and public international relations create and compose multi-treaties between states, local and supranational systems and these constitute legal and politic systems.

23 SOURCES OF SUPRANATIONAL SYSTEM:  National systems regulations affect also the supranational system, therefore these are called the external sources of the system.  Basic universal principles, such as European Convention on Human Rights, act of human rights, can be added to sources of system. This is also external sources of the system.  Regulations of an authority, an organ or an institution of the supranational system, such as legislative, executive organs are internal and basic sources of the systems.

24 SOURCES OF SUPRANATIONAL SYSTEM:  Don’t forget that supranational system observes its specific law discipline which were/are being formed by an authority, organ or institution of the system.  An authority in the supranational system, who has power or autonomy, may settle regulation(s), directive(s), decision(s), recommendation(s), opinion(s). These are also basic and internal sources of the supranational system as well.  The case law is an internal source of the system too. Case law and jurisdictions of judicial organ of the supranational system, such as decisions of the European Union Court of Justice, are an important source.

25 INTERNATIONAL (INTERGOVERNMENTAL) AND SUPRANATIONAL ORGANISATIONS :  After the industrial revolution, we see in the 18th century political, industrial, economical, legal, scientific developments and at the and of 18th and begin of 19th centuries new political structure was created which was called the nation state.  After the World War I. and especially after the World War II. new terms and new organizations were founded which were/are mainly regional and international institutions.  In fact these developments were a reaction against World Wars and also were a movement to new conjectural status in the world.

26 INTERNATIONAL (INTERGOVERNMENTAL) AND SUPRANATIONAL ORGANISATIONS  As you know, the world was politically divided into groups: NATO and WARSAW PACT. The first pact was/is under control the USA and the second pact was under control of the ex-Soviet Union.  After new structural development in the nineties in the world political life the WARSAW PACT was dispersed.  The NATO is still active and is also an international organization which has a politic-military mission

27 INTERNATIONAL (INTERGOVERNMENTAL) AND SUPRANATIONAL ORGANISATIONS:  After the World War II. the UN (UNITED NATIONS) was created. The founders of the UN were the USA, ex Soviet Union (now Russia), the UK, Republic of China and France.  On 25 April 1945, the UN Conference on International Organization started in San Francisco, attended by 50 governments and they involved drafting the United Nation Charter.  The UN officially came into existence on 24 October 1945.

28 INTERNATIONAL (INTERGOVERNMENTAL) AND SUPRANATIONAL ORGANISATIONS:  The UN is not a supranational organization but an intergovernmental organization. The difference with a supranational system, such as the EU, is that the EU has a superior character and its law, supranational law, has an upper level from member states’ laws.  The primer law sources of the supranational law, -such as regulations, directives, case law of the European Court of Justice-, are binding for all their member states.

29 INTERNATIONAL (INTERGOVERNMENTAL) AND SUPRANATIONAL ORGANISATIONS:  In contradiction to these are in an intergovernmental organization where the states don’t give up their sovereignty, the decision taken by these organizations are not binding to their member states.  This can be clearly seen in the fact that the 5 founding member states of the UN can block the decision-making process, therefore can never be considered as a supranational system.

30 INTERNATIONAL (INTERGOVERNMENTAL) AND SUPRANATIONAL ORGANISATIONS:  At this level/moment the only organization which is consider to have supranational characteristics is the EU.  There are also others intergovernmental organizations, such as; World Trade Organization (WTO), Organization for Security and Co-operation in Europe (OSCE), World Custom Organization (WCO), Interpol, International Monetary Fund (IMF), Organization of Petroleum- exporting Countries (OPEC) etc.

31 INTERNATIONAL AND PUBLIC INTERNATIONAL LAW:  International law is a set of rules and regulations generally regarded and accepted as binding in relations between states and nations.  International law is a part of law which has international dimension and parameters.  International law differs from national laws and their systems.

32 INTERNATIONAL AND PUBLIC INTERNATIONAL LAW:  International law is based on governance.  The three primary sources of the international law are stated as treaties, international customs, and general principles.  Usually judicial decisions (case law) and scholarly writings are expressly designed and created as the subsidiary sources of the international law.

33 INTERNATIONAL AND PUBLIC INTERNATIONAL LAW:  The international law could be referred to three distinct legal structure rather legal disciplines:  1-Public international law,  2- Private international law,  3- Supranational law.  Public international law is a part and an element of the law rather of the international law, which governs relations between states, or provinces and international organizations rather entities.

34 INTERNATIONAL AND PUBLIC INTERNATIONAL LAW:  The public international law includes different fields: treaties law, law of sea, international criminal law, laws of war, international human rights law etc.  International private law is a part of law rather international law, which governs relations between private persons (legal and natural) and states, which addresses the questions of which jurisdiction may applicable to a case and the law regarding which jurisdiction applies to the problem in the case.

35 INTERNATIONAL AND PUBLIC INTERNATIONAL LAW:  Supranational law is an important part of international law which has superior character and upper level from national laws.  National law is located under the level of supranational law. Member states give whole or an important part of the sovereignty rights to organ, authority or entity of the supranational system.

36 SUPRANATIONAL LAW:  The concept expresses high level understanding of the law. The supranational law encloses national laws and regulations.  The supranational law creates special area in order to apply on member state’s laws.  The notion gives a special dimension to the law life which is based on limitation of the rights of sovereign nations between other ones.

37 SUPRANATIONAL LAW:  The supranational law has a law discipline and understanding.  The supranational law consists of treaties and also internal law of the supranational entity.  The supranational law declares a rattling law area in the life.

38 SUPRANATIONAL LAW:  The supranational law expresses also conflicts with national rather member state’s law.  The supranational law gives authority to its organs, entities or institutions.  The supranational law is based on jurisdiction rather case law too and the case law is absolute binding for every institution or organs or persons (legal or natural) and also for member states’ organs and entities. So the case law is like a locomotive of the supranational law and also supranational system.

39 SUPRANATIONAL LAW:  The regulations of the supranational law are not only member states but also for citizens of the member states.  The supranational law is binding for whole institutions, organs and entities in a supranational system.  Some of rules (especially regulations and directives of the supranational organs) are binding also for the member states and their institution, entities or organs as well.

40 Repetition of the vocabulary 1  Supranational, system, structure, superstructure, development process, economic, politic, social, diplomatic, factors, element, parameter, evolution, to design, international agreement, treaty, international relations, basically, local system, national system, conflict, dialectic, dialectic development process, historical development process, supranational law,

41 Repetition of the vocabulary 2  supranational jurisdiction, historical –political- background, organ, institution, politic system(s), hierarchical, nation state, nation, state, political legitimacy, world politic system(s), identification, entity, political and geographical entity, cultural and/or ethic entity, federation, confederation, federalism, multi-national state(s), cantonal system, perspective,

42 Repetition of the vocabulary 3  political understanding, principle(s), argumentation, style, concept, to negotiate, to delegate, membership, authority, state authority, government, member state, description, to describe, sovereignty, hegemony, aspect, intergovernmental, United Nation Charter, intergovernmental treaties, global system, globalization, legal supremacy, extant, competence, dispersed.

43 Repetition of the vocabulary 4 decision-making, law-making, decision-making process, superior character, exercise, sovereign, legislative, executive, judicial authority, declaration, target, multi-treaties, dual-treaty, national-domestic regulations, to observe, autonomy, to settle, province, subsidiary, subsidiary sources, governance, contradiction, regulation(s), directive(s), decisions), recommendation(s), opinion(s) conjectural status, declares a new system and discipline.

44 CONCLUSION ANY QUESTION(S)??? YOUR COMMENTS THANK YOU FOR YOUR ATTENTION!!! SEE YOU AT THE NEXT LECTURE


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