Lecture 2

• Ways to classify law

  • National and international law
  • Types of legal systems (common law and civil law)
  • Private and public law
  • Criminal and civil law
  • Common law and equity
• International law


  The 'rules-based order' in international relations, governing the rights and responsibilities of States
• What international law primarily relates to

  • Rights and duties of States
  • Economy, military, trade, nuclear weapons, status, etc
  • Facilitating interaction between States, such as showing them how to make binding treaties
• Entities involved in international law

  • States
  • International organisations like the United Nations (UN)
  • International civil society
  • Non-State armed groups (armed militant coups)
  • Individuals and corporations (crimes)
• Main sources of International Law

  • International Conventions or Treaties
  • Customary International Law (CIL)
  • 'General principles recognised by civilised nations'
  • Judicial decisions and writings of 'the most qualified publicists [i.e. scholars]'
• Customary International Law (CIL)

  Laws accepted by States through their consistent practice (State Practice)
• The 'separation of powers' in international law is different from domestic legal systems
• Private international law (conflict of laws)

  Addresses questions of applicable law when there is a cross-national dimension – civil, commercial, family matters, or between individuals or businesses
• Public International law (PIL)

  Law governing the relations between States, through CIL, Treaties, Conventions, and general principles
• Civil Law tradition


  Based in Roman law, with detailed Civil Codes applicable to all, a formal and formalised system
• Common Law tradition


  System includes rules, values, principles, procedures, and institutions, with judges' decisions in pending cases informed by the decisions held in previous cases
• Branches of Law


  • Criminal
  • Constitutional
  • Employment
  • International
• Sources of Law


  • Parliament - Act, legislation, or statute
  • Delegated (subordinate) legislation – rules, regulations, and ordinances – administrative law
  • Courts - common law, case law, or judge-made law
• Common law


  (1) Law made by courts (as opposed to that made by parliament)

  (2) Distinct from equity

  (3) A type of legal system
• Where legislation contradicts a court judgment, the legislation prevails
• Equity was developed to fill the gaps of common law regarding the 'writ' system
• Public law


  Regulates the relationship between the citizen and the State
• Private law


  Regulates the relationships between individuals
• Criminal law


  • Presumption of innocence, guilty mind (mens rea), physical element (actus reus), ignorance of the law is not a defence, balancing individual rights and public protection
• States


  A nation-state recognized by the international community, exercising sovereignty over a defined territory and population.
• International Organisations


  Groupings of multiple States, like the UN, to address global issues and promote cooperation.
• International Civil Society


  Non-governmental organizations, charities, and advocacy groups operating beyond state borders to address global issues.
• Non-State Armed Groups


  Entities that are not States but wield military power, such as rebel groups, insurgent forces, and terrorism organizations.
• Individuals and Corporations


  Involved in international law for international crimes (e.g., war crimes, genocide, crimes against humanity) and business and human rights.
• Non-State


  A term specifically referring to entities that have a degree of military or governing capability, but are not States.
• Non


  A general term applying to any entity that is not a State.