Intro to global law

3, 4

List the techniques of interpretation

Linguistic systemic teleological. Apply chronologically

Linguistic

Focuses on the definitions and the language

Systemic

looks at precedent and other interpretations around or in history

Teleological

Interpreting based on the purpose or the reason of the act!

holding

wha is the rule about

Ratio decidendi

reasoning to why judges came to this particular holding

Obier dicta

all other discussions (not needed for dispute resolution)

common law

originated from British common law system

private law

Horizontal Relationship between private individuals (people or companies)

civil law: regulates relationship between individual citizens. (tort, family law…)

corporate law: regulates relationship between companies. deals with trade, commerce etc.

Public law

Vertical relationship between goverment and the other involved party.

administrative, criminal, constitutional (laws about the system itself laws.

what distinguishes private from public law?

dispositive rules: rules that can be set by parties themselves according to how they want to govern themselves. (like employment laws)

imperative rules: rules that aren’t subject to change because there is an underlying fundamental social interest in constructing relationships this way.

international law

public international law: law that regulates relationship between states. horizontal. treaties.

private international law: regulates relationshio between individuals when their interactions cross borders

legal subject

person or a thing that law recognizes as being bound by law, engaging in legal relationships and performing legal acts.

natural legal person: biological human beings

legal persons: non-human entities that are granted legal personality (recognised as being bound by law, rights, duties obligations)

legal personality

law recognises the person or a thing as a subject to law, rights, duties and obligations. (companies have separate legal personality from its owners)

legal fact

event, occurrence or situation that corresponds to a legal rule and can trigger legal consecueqnces. it can be judicial meaning deliberately or voluntarily performed. or legal fact in a strict sense meaning not intentionally performed.

legal things

movable v immovable. fungible v infungible. divisible v indivisible.

absolute rights (rights in rem)

can be enforced against everyone.

Relative rights (rights in personam)

enforceable only against specific person or group of person rather than against the world at large.

supranational law

term to describe relationship between law within and beyond the state. has to be accepted by states.

international law

according to neil walker, old fashioned term for the law between states. has to be moderated by states.

transnational law

law that goes beyond borders. it is not necessarily mediated by states. doesnt operate within public law unlike the other two.

say sth smart abt Globalisation

Globalisation challenges the traditional idea that law operates primarily within separate national legal systems. Today, individuals, businesses and governments are affected by rules and decisions originating at national, regional and global levels. Institutions such as the United Nations and the World Trade Organization, as well as regional organisations such as the European Union, influence how law is created and applied across borders. As a result, legal disputes increasingly involve multiple actors, overlapping jurisdictions and potentially conflicting legal norms. Globalisation therefore creates both pressure for harmonisation, through common rules and principles, and tension with national sovereignty, as states seek to preserve their authority over their own legal systems. Studying global law helps us understand these interactions rather than treating each national legal system as an isolated entity.

HLA Hart’s secondary rules

laws about the legal system itself. Hart identifies 3: 1)rules of recognition: what counts as a valid law 2)rules of adjuration: who decides if the law is broken 3)rules of change: who can change, create or remove the laws.

HLA Hart’s primary rules

rules that regulate people’s behavior by requiring or prohibiting certain actions.

positive law and its hieararchy

to posit - to put forward by designated authority. constitution →primary rules→ secondary rules → judiciary decisions (law interpretation)

courts hierarchy

court of first instance, court of appeal, supreme/executive court