1. INTERNATIONAL BUSINESS LAW

2. LEGAL SYSTEM?

3. LEGAL SYSTEM
= The norms that govern the behavior of the members of a particular society
The effectiveness of a legal system is based on sanctions

4. Private International Law International Business Law
Becomes part
of the state’s
Private
International Law
Becomes part
of the state’s
Private International Law
Public
International Law
Comparative
Law
International Business Law §§ §§
CONVENTION §§

5. 2. Public International Law 3. Private International Law
CONTENTS OF THE COURSE
1. Comparative Law
2. Public International Law
3. Private International Law
4. International Business Law
1) Contracts
2) Trade
3) Transport
4) Means of Payment
5) Settlement of Disputes
6) Intellectual Property rights

6. COMPARATIVE LAW

7. 2. ANGLO-AMERICAN SYSTEM 3. SOCIALISTIC LEGAL SYSTEMS
1. CIVIL LAW
THE ROMANO GROUP
THE GERMANIC GROUP
2. ANGLO-AMERICAN SYSTEM
= Common Law
3. SOCIALISTIC LEGAL SYSTEMS
4. ISLAMIC LEGAL SYSTEMS

9. HISTORY OF ROMANO-CERMANIC CIVIL LAW SYSTEM
ROME
12 tables 450 B.C.
Corpus Iuris Civilis A.D.
CATHOLIC
CHURCH
> Canon law
GLOSSATORS,
COMMENTATORS,
STUDENTS,
A.D.
Effects on
the English
law
Ius Commune
(Common law of
Europe)
GUILDS,
MERCHANTS
Lex Mercatoria
Legal nationalism
A.D.
Has grown out of the Roman Law
Twelve Tables, 450 B.C.
Corpus Juris Civilis, A.D.
- COMPILATION AND CODIFICATION (selection, arrangement and simplification) of all Roman law done under the direction of Emperor Justinian
Considered as
1. A common source of law above the local statutes (partikulaaristatuutit)
2. A set of rules regulating the relations between the different statutes
Was displaced to some extent by the rules of the Germanic tribes when they overran the Western Empire > German tribal law
- recognized the principle of personal law (as opposed to territorial), so the former Roman subjects and their descendants were allowed to follow the Roman law
Was affected by Catholic church => Canon Law: used in the Church’s courts
Practical version => jus commune
From 17th century on: national souvereignity was emphasized (luonnonmukaisuus)
Merchants’ needs => lex mercatoria
19th century: 1893, Hague Conference of Private International Law -> pursuit of connections (kiinteät liittymät)
20th century: > material unification, harmonization of laws
Followed by:
Austria, Czechoslovakia, Greece, Hungary, Switzerland, Turkey, Japan, South Korea, Scandinavian countries…
Followed by:
The Netherlands, Belgium, Poland, Spain, Portugal, Latin America, Indochina,
sub-Saharan Africa, Indonesia…
Effects on
national
jurisdictions
German Civil
Code 1896
Code Napoleon
1804

10. CIVIL LAW AND COMMON LAW

11. CHARACTERISTICS OF RULINGS: INTERNATIONAL ACCEPTANCE:
COMPARISON BETWEEN
CIVIL LAW COMMON LAW
BASIC SOURCE:
Codified law, abstract principles
Specific circumstances
=> precedents => case law
FACT FINDER:
Judge
Jury
CHARACTERISTICS OF RULINGS:
Predictability,
consistency, uniformity
Unpredictability, flexibility,
procedural emphasis
EFFECTS ON BUSINESS:
Contracts can be lacking in detail
Contracts must be comprehensive and detailed
INTERNATIONAL ACCEPTANCE:
Focus on national issues
Refined to cope with issues of international trade

12. PUBLIC INTERNATIONAL LAW

13. Scope of Public International Law:
Position of states
State succession
State responsibility
Peace and security
Laws of war
Law of treaties
Law of the sea
Law of international watercourses
Conduct of diplomatic relations
International organisations
Economy and development
Nuclear energy
Air law and outer space activities
Use of the resources of the deep sea
Environment
Communications
International protection of human rights

14. Subjects of Public International Law:
States
Associations of states
International organisations established by states (UN, Red Cross etc.)
Sometimes even private people

15. STATES
A state has its own people
and
its own sovereign territory

16. THE UNITED NATIONS Goals: Provide for international peace
Promote world wide social progress
Foster a universal respect for international law.
Organs of the UN
General Assembly
Security Council
Secretariat
Economic and Social Council
International Court of Justice
Resolves legal disputes between sovereign states
Issues advisory opinions asked by international organizations

17. Sources of Public International Law:
Conventions between states
International customary law
General principles of law
Preliminary rulings of the international courts
International legal literature and expert statements

18. Characteristic to Public International Law:
It lacks
a supreme authority
effective sanctions
centralisation of the use of force