Comparative Legal Systems Final Exam

Method of agreement

compare where a phenomenon occurs

Method of Difference

compare where it does not

Common Law

Precedent comes into play (using past cases as evidence in current cases)

Judges: serve as referees

Ex. English law

More flexible

Civil Law

legal system that is based on a comprehensive set of codes and statutes

Judges: investigate

Ex. Roman Law, codified (systematic)

Unilateral Statement (one sided)

legally binding

allows states to limit what they are bound by and protects sovereignty

Too many reservations can weaken it

A priori

Logic and reason based

A posteriori

Evidence based

United Nations

founded in 1945 to promote peace and welfare

General assembly

193 member: Each UN individual is a member and gets one vote, budget power with 2/3 vote to manage operations and is not appealed to the security council

non binding resolutions

Security council

15 members (5 permanent: US, UK, Russia, China, and France)

Maintain peace and security- Binding decisions

Secretariat

Admin- Led by secretary general

ECOSOC (Economic and social council)

Human rights, development

ICJ (international court of justice)

disputes between states that include territory and treaties, does not address war crimes or heinous acts (non-binding)

ICC (international criminal court)

tried individuals for war crimes

Maritime Zones: Territorial sea

12 nautical miles (sovereignty: having control over your own territory)

Maritime Zones: EEZ

200 nautical miles (resource rights)

Maritime Zones: Continental Shelf

Natural seabed extension

Vienna Convention Treaty

“pacta sunt servanda”: treaties must be honored in good faith

Must be kept so trust is everything

Steps of Treaties

1. Define a treaty

2. “Pacta sunt servanda”

3. Interpretation, ordinary meaning, context and objective/purpose

4. “Jus cogens”: no violating peremptory norms “genocide”/ slavery. Material breach: serious violation let other suspend/ end treaty (If violated we can stop you)

China balloon Incident

states have exclusive airspace sovereignty

Espionage: spying to obtain information typically related to military, political, or technology use

Spying without consent over military bases and also done this to other countries in past