Law, as a field of study, delves into the systems of rules and principles that govern human conduct within a society. It encompasses the creation, interpretation, and enforcement of these rules to establish order, protect rights, and achieve justice.
Administration, as a field of study, focuses on the principles, practices, and skills needed to effectively manage and organize people, resources, and processes to achieve organizational goals. It's about ensuring smooth operations, efficient resource allocation, and meeting the needs of stakeholders.
An Introduction to International Criminal Law and ProcedureIntroduction
Public international law primarily regulates interactions between States. However, international criminal law is mainly concerned with the conduct of individual persons. If persons violate international laws, that imposes the obligation on States to penalise such actions. International criminal law has been rapidly developing following the Second World War. This means that the broader field of international law is increasingly focusing on protecting humans rather than only the interests and obligations of States. An exception to this is that the crime of aggression can only be committed by (high-ranking) State officials. The project of international criminal law is quite recent.. Especially the Tribunals for the former Yugoslavia and Rwanda established in the 1990s have been important for its case law. International criminal courts and tribunals courts do not possess universal jurisdiction. Their rules are not always homogeneous or consistent. This can be explained partially by the fact that international criminal rules derive from a variety of sources. War crimes, for example, have developed from international humanitarian law. Genocide and crimes against humanity have evolved together with international human rights standards. War crimes, genocide, crimes against humanity and the crime of aggression constitute the most important crimes on which international law focuses. These are also the.....read more
Summary with the 1st edition of Comparative Law by SiemsMost lawyers are completely trained in the law of their own jurisdiction. When they leave the borders of their own country, they can feel lost. Comparative law aims to address this problem. But where do you have to start? And which method should you apply?
Becoming interested in comparative law happens most of the time quite naturally. Assume that a lawyer from country A is dealing with a tricky problem and someone suggests that it can help to look at the neighbouring country B. The lawyer finds a similar rule in country B and starts wondering why it’s slightly different. This is how the lawyer will slide into comparative law, he will start to do research at the background of the domestic and foreign legal rules and might even look at country C.
Comparative lawyers often use different classifications when they discuss the objectives of comparative law. Three categories can be distinguished:
knowledge and understanding: knowledge of foreign laws is valuable where these laws are relevant for the domestic legal system. Knowledge of foreign laws can make lawyers of students reflect on their own laws. Next to that, comparative law broadens the understanding of how legal rules work in context.
use of comparative law at the domestic level: foreign law can be an important aid to the legislator. It can provide models of how well different sets of legal rules work in addressing a particular problem. Also judges can make use of foreign law. In some cases conflict of law rules may require them to do so, but in other cases, judges may wish to take the foreign ideas into account. A potential problem may be that the context of foreign law may be different and
Summary with International Business Law: Custom Edition Groningen University
This chapter aims to consider law, both as a concept and within its wide context.
Law is the set of rules by which a state or community operates; they govern the actions of the subjects and can be enforced by the imposition of penalties, such as fines or imprisonment.
Law is applicable in social, political and economic disciplines; it relates to all citizens. It is a body of rules that concern many different subjects, such as people, animals, companies and institutions. It outlines both substantive rules of law and the procedures people use when law is applied or enforced.
Everyday examples of the laws that relate to citizens include:
Law is necessary to maintain order in society. Without law, the state would be disorganised, leading to chaos. Formal regulation is needed in order to regulate the affairs of not just human activity but also larger companies and public bodies.
It is important to not view law in isolation. Law consists of a set of subjects that all have an impact on each other. Law is at the centre of an interlinked variation of academic disciplines. When studying law, boundaries must be waived; law must be viewed within context. Lawyers must also be aware of the dynamics of law; how it works and why.
Law must be able to provide some guidance about how to conduct oneself. It sets
.....read more Summary of International Law by Shaw: 7th edition The principal actors in international law are nation-states, not individual citizens like in domestic or municipal law. International law is divided into conflict of law, private international law and public international law. The latter is usually termed ‘international law’. Public international law covers relations between states in all their forms, and regulates the operations of the many international institutions. It may be universal or general, binding upon all states, or regional, binding upon a select group of states.
International law has no legislature. There is no system of courts operating outside the situation when both parties agree and recognize the concerned Court. International law is constituted in a very different manner than domestic law. Also, there is no unified system of sanctions in international law, but there are circumstances in which the use of force is regarded as justified and legal. Within the United Nations, the Security Council can impose sanctions upon the determination of a threat to the peace, a breach of the peace or an act of aggression. Such sanctions may be economic or military. Another justification of the use of force is in the case of self-defense, but it is bound to rules provided by international law. It is important to realize that states do feel the need to obey the rules of international law, because if they do not act accordingly, the system of international law ceases to exist.
The international system has a horizontal structure; all states are considered equal. In municipal law, the law is above individuals, but in international law the law only exists between the states. Also, in municipal law, the individual has no influence on the creation of law. In international law, states create it themselves, as international law consists mostly of agreements and treaties developed and signed by states. An important element for states in order to obey international law is the principle of reciprocity. States often do not pursue one particular course of action which might bring them short-term gains, because it could
.....read more Summaries per chapter with the 2nd edition of International Law by HenriksenSummaries per chapter with the 2nd edition of International Law by Henriksen
With this book, Anders Henriksen has created a complete overview of international law. The book starts of with the basics of international law. All the important terms are discussed in detail. Comparisons are made between international and national but also EU-law.
After the explanation of the basics, different types of law are discussed. The influence of international law is made clear in this respect. The law of the sea, human rights law, environmental law and economic law all fall under international law for some part, but they differ from each other in certain aspects. What complicates this even more, is that states and international organizations also have established their own rules.
Lastly, it is discussed how international law can be enforced and what happens when it is not obeyed. The book touches on peaceful dispute settlement, use of force, armed conflicts and international criminal law, and the relation between these breaches and solutions of international law.
The book is written especially for students, so everything is neatly structured and clearly explained. This book is perfect for beginning students who are just starting to learn about international law but also provides a very complete and detailed understanding of international law. The fact that de book starts of with the basics and later dives into the more complex issues, makes the material very understandable.
Philosophy of Science: The origins of law: nature or science?As a general proposition, laws are too diverse in order to classify them within a single universal definition. What can be certain is that searching for laws is one of the main goals of natural science. The laws of nature ascend from written law made by men. They are presumed precepts of society; dictates of public conscience and formulate a common consensus of morality. A salient question is whether the laws of nature originate naturally from the world or from some supernatural, divine force. Further, whether laws of nature create a package of rules to regulate society or whether they just describe facts and procedure. The answers to these questions depend on what force the laws of nature take, how necessary they are and whether other laws are contingent upon them, whether the laws of nature are distinct and express propositions or rather unintentional generalisations. This introduction shows that there is no overarching philosophical theory of the laws of nature. This is further evinced through an analysis of how difficult it is to relate the various law disciplines to each other (such as physics, chemistry, biology, psychology etc.).
Explaining whether laws strictly define or merely suggest the operation of nature is a question usually posed in historical or scientific debates. It was not until the scientific revolution that the idea of scientific law came into being. A balance must be struck between the precedence of divine legislation on one hand, and laws generated from science on the other. Interestingly, though, the creators of scientific law were heavily involved with social, legal and moral order, and thus the laws of nature. God’s will is the origin of such laws, whether they are considered to be laws of nature, descriptions of moral behaviour or laws of how things work. For example, the law of intertia, authored by René Descartes (1596 – 1650) and the order of nature described by Montesquieu (1689 – 1755) were expressly stated to be associated to the purpose of God. However, in as early as the year of 1220, philosophers such as Roger Bacon (1220 – 1292) and Johannes Kepler (1571 – 1630) formulated a type of law that was expressly related to nature, but not to theology. Conceptions of law thus evolved that made descriptions of or gave explanations for nature without making a logical connection to the will of God. From this, the phenomena of prediction, explanation and induction developed.
Following the scientific revolution, laws became something more than mere sources of nature. Laws became regularities, formulated from being deduced or inductively inferred from phenomena and subsequently used in predictions or explanations as required by the new science of mechanics (or the science of ‘how things work’). Laws are generally regarded as imposing rules on the way of life, to regulate the way it is. However, the regularities formulated from the science of mechanics are less considered to prescribe how things work (or should work). Rather, they describe the way things already are. David Hume (1711 – 1776) approved this approach in his empiricist tradition and support for the theory of induction (despite its criticism in 20th century philosophy at the waning of positivism and waxing of both scientific realism and metaphysics).
Scientific theories have accepted the possibility of predicting every single possible future moment in the world, as well as retrospectively and accurately assessing every single past moment that has taken place. Pierre Simon Laplace (1749 – 1827), who was inspired by Newtonian mechanics, enunciated this theory. Laplace worked with the relationship between matter particles and matter of the universe. Given the weight Laplace attributed to prediction, he theorised laws that have determinative value. These laws can contrast to probabilistic laws, which only attribute probability for phenomena and processes to occur. Such laws do not fall within the category of being the most fundamental laws of reality, however, they may nonetheless be the most realistic type of law. Non-determination can realistically be an aspect of the laws of nature. Without a standard philosophy on what laws of nature are, they can equally be non-determinative as they are determinative of human behaviour.
Causal laws are known as laws that relate to natural processes, whether or not they have determinative value, and whether or not they relate to earlier or later stages (or both). The interaction between causal laws and causation is controversial. This is especially so, in light of analysing the interplay between physical quantities with other kinds of transformation. The concept of symmetry plays an important role in this equation and is an essential force behind understanding the laws of nature. It is not as simple as one plus one equals two, but it is a formula that becomes more simple to discern once the contingency of laws are recognised. This allows one to depict a causal relation between laws that are dependent on other laws – as it requires the necessary law to come first, so that the dependent law can follow, logically and as a matter of causation.
Philosophical theories of law are based on ontology, which is the philosophical study of the nature of being, becoming, existence or reality. Empiricists often work within fruitful boundaries of ontology and unfruitful boundaries of metaphysics. Empiricists take a different approach to proponents of necessitation theories. The latter argue that some facts about the world are responsible for the force inherent in the laws of nature. By contrast, the empiricist approach starts with explaining what was in the beginning without using what is in the now to explain what happened in the past. This is the prevailing approach today that takes its form under the regularity theory.
The regularity theory suggests that the laws of nature are universal truths. Further, that laws can be expressed by quantity and predicated by quality. Being a cosmic reality, such as ‘it is impossible to count the number of sand grains on the beach’ and ‘birds fly’, is sufficient for being a law. This theory is an expression of logical positivism: that laws can only be scientifically verified (and thus distinguished from metaphysics). The problem with this theory is that laws can be recognised that are not necessarily cosmic regularities. For example, probabilistic laws depend on the partial truth of probability rather than the full truth of universality. Further, laws that are not universal (such as Newton’s first law: that objects without external force will remain at rest and/or in a straight line) may still be recognised as a genuine law of nature. Thus, the fact that the regularity theory suggests that the laws of nature are universal truths; is a weakness in the theory, because it is equally arguable that the laws of nature are laws that are not constitutive of such truths. A further issue with the regularity theory is that it is hard to distinguish between distinct and express propositions and unintentional generalisations.
The regularity theory and genuine laws of nature found therein are based on the notion of counterfactuals rather than accidentals and counterlegals. For an example of a counterfactual: if a bird had no wings it would not fly. Accordingly, it is a universal truth that birds fly with wings. This shows that counterfactuals are dependent on having a certain account of truth conditions. The truth conditions in the example were that birds have wings and that wings are the only way in which birds can fly. The difficulty with this approach arises in distinguishing between counterfactuals, which are true, and counterlegals, which have already determined what the relevant laws of nature, are. The problems in the regularity theory have opened the gateway to necessitation alternatives.
Necessitation theories draw on the relationship between facts in the world and the laws of nature. The first type of necessitation theory considers laws to be grounded in universal truths. The presence of the relation between two facts (such as the fact that birds need wings in order to fly) presumes a type of necessity between relevant counterfactuals. Cosmic regularity is present in this relationship – but only as a matter of accident rather than necessary intention. The second type of necessitation theory addresses how laws can be created from the causal power of dispositional objects. On this approach, the laws of nature codify types of natural behaviour that have been influenced by intrinsic causal powers.
The law is general enough to be described as possessing an explanatory and descriptive power, as well as an imposing and prescriptive power. What must be emphasised, is that it will never be sufficient to merely describe the law as having an explanatory power. The law serves a bigger purpose than merely generalising facts and phenomena. A contingent generalization (in the sense of an explanation), according to David Lewis (1941 – 2001), is only a law of nature if it equates to an axiomatic statement in a deductive system. On this note, explanatory accounts are helpful to the extent that they explain how a certain phenomenon was brought about (as proposed by Carl Hempel (1905 – 1997)). Above all, issues of causation, determinism and symmetry give rise to questions that cannot be answered.
Summaries of articles on law and rightsIn stigmatizing an entire profession because of the behavior of a minority, or in engaging in similar attributions in other areas of decisionmaking, we undertake a process of generalization. “Painting with a broad brush,” the slightly pejorative expression puts it. To refer to the practice as stereotyping intensifies the condemnation, and these days to describe it as profiling condemns more strongly still. Yet regardless of the label the structure of the decision is the same. On the basis of a characteristic of some members of a class, we reach conclusions or make decisions about the entire class.
Decisionmaking by generalization is the stock in trade of the insurance industry. To be an actuary is to be a specialist in generalization, and actuaries engage in a form of decisionmaking that is sometimes called actuarial. Actuaries guide insurance companies in making decisions about large categories that have the effect of attributing to the entire category certain characteristics that are probabilistically indicated by membership in the category, but that still may not be possessed by a particular member of the category. Occasionally the actuarial generalizations of the insurance industry become controversial (for example that gay men pay more for health insure because as a class they have a statistically greater likelihood of contracting the HIV virus), but in the vast majority of instances the actuarial behavior of the insurance industry is accepted simply as a fact of life.
Insurance companies, of course, are not the only ones who operate actuarially. We all do, with far more frequency than most people typically acknowledge.
We cannot so easily dismiss the practice of stereotyping or profiling as necessarily morally wrong.
Nonspurious: generalizations that do have a sound statistical basis
Universal: all of the x’s are y (mostly used by philosophers)
Definitional source of the universality: in many cases universal generalizations are universal as a matter of definition (“all bachelors are unmarried”).
Empirical source of the universality: sometimes, however, universal generalizations are universal not for definition al reasons but for empirical ones; some fact about the world and not about the word makes the generalizations universal. For example: until black swans were discovered, “all swans are white” was a universal generalizations; but the possibility remained open, even then, that there could be black swans, unlike the possibility, nonexistent by definition, that there could be married bachelors.
Proportionality in constitutional lawSuppose you’re a Judge on a fictitious moral court. No precedents, no statutes, each case is decided on its moral merits only. Two neighbors come before you: Pete and Mike. Pete took Mike’s car without asking and didn’t return until the next evening. Mike wasn’t able to pick up his elderly mother at the lonely bus station. The mother had to be taken to the hospital with frostbite. Mike thinks Pete should at least apologize for his immoral behaviour. Pete is truly sorry, but he thinks he shouldn’t be morally blamed. What would you do as a Judge? Pete explains that he had to bring his pregnant wife, who’s water had broken, to the hospital. He couldn’t use his own car, because he needed a four-wheel drive car due to the heavy snow fall. He didn’t ask for Mike’s permission, because they often borrow eachother’s things without asking and he didn’t want te wake him up in the middle of the night. Mike tells you he had told Pete of his plans to pick up his mother the next morning. Pete is sorry, but he knew that someone would drive by and help the old lady. His wife’s situation was a matter of life and death. The hospital confirms this. Also, Pete’s mother has recoverded fast and well. This asks for a proportionality analysis. Pete’s action was legitimate, necessary and there was no alternative to would have harmed Mike and his mother less. Saving his wife’s life was important enough to justify the harm done to the old lady. This shows that proportionality analysis is about means and ends. We justify the action based on the legitimacy of the end pursued and on the helpfullness, necessiy and appropriateness of the action as a means to that end. Thus, when you pursue an end, you must use a means that is necessary, helpful and appropriate. A means that doesn’t help to reach to end isn’t a real means and therefor out of proportion.
Proportionality and balancing
The principle of proportionality arises in those cases where specific norms prohibiting or commanding certain means or actions that serve people as means, are lacking in law. An example is the right of self-defense. To find a proper balance, a means-end analysis with the characteristics of proportionality analysis is needed. In legal literature as well as in jurisprudence, we find balancing used both as the last step of proportionality analysis and as the framework for proportionality analysis.
Proportionality in Germany
In Germany, the principle of proportionality came into its own in administrative law. According to the norm, the police had to do what was necessary to fight dangers to order and public safety. The norm
.....read more Summary: Law of Public International OrganizationsThe activities of international organizations are subject to law, and give rise to law. Each and every international organization has a set of rules relating to its own functioning. As international organizations do not exist in a vacuum, their activities are also bound to exercise some influence on other legal systems, and absorb the influence of such systems. While it is possible that international organizations are influenced by, and exert influence on, the law of individual nation-states, the more direct and influential links usually exist within the body of rules known as international law.
Critical legal theory
The law of international organizations is still somewhat immature. On numerous points the law lacks certainty. In particular, international legal doctrine has a hard time coming to terms with the relationship between an international organization and the very states which are its members. On the one hand, the law is supposed to respect the interests of individual states. Yet at the same time, the law must also take the interests of the international community into account. Following the critical legal tradition, international law is bound to swerve back and forth between these two poles of sovereignty and community. It is this tension which makes international legal rules often ultimately uncertain. This tension also reflects in the law of international organizations, for example regarding the so-called principle of attribution of powers. Strict adherents to the notion of state sovereignty will not easily admit the existence of implied powers; yet for the protection of community interests, an implied power may well be deemed desirable.
The main benefit of critical legal theory is its capacity to make visible the inherent tensions and contradictions which help shape the law. In this way it can provide great services in understanding international institutional law.
Defining international organizations
What exactly is an international organization? While it is structurally impossible to define in a comprehensive manner, something which is a social creation (social constructs, created by people in order to help them achieve some purpose) to begin with, it is common in the literature to delimit international organizations in at least some ways. One delimitation often made depends on the body of law governing the activities of the organization. If those activities are governed by international law, we speak of an international organization, or at least of an intergovernmental organization. If those activities are governed by.....read more
Summary of International Law by Shaw: 7th edition The principal actors in international law are nation-states, not individual citizens like in domestic or municipal law. International law is divided into conflict of law, private international law and public international law. The latter is usually termed ‘international law’. Public international law covers relations between states in all their forms, and regulates the operations of the many international institutions. It may be universal or general, binding upon all states, or regional, binding upon a select group of states.
International law has no legislature. There is no system of courts operating outside the situation when both parties agree and recognize the concerned Court. International law is constituted in a very different manner than domestic law. Also, there is no unified system of sanctions in international law, but there are circumstances in which the use of force is regarded as justified and legal. Within the United Nations, the Security Council can impose sanctions upon the determination of a threat to the peace, a breach of the peace or an act of aggression. Such sanctions may be economic or military. Another justification of the use of force is in the case of self-defense, but it is bound to rules provided by international law. It is important to realize that states do feel the need to obey the rules of international law, because if they do not act accordingly, the system of international law ceases to exist.
The international system has a horizontal structure; all states are considered equal. In municipal law, the law is above individuals, but in international law the law only exists between the states. Also, in municipal law, the individual has no influence on the creation of law. In international law, states create it themselves, as international law consists mostly of agreements and treaties developed and signed by states. An important element for states in order to obey international law is the principle of reciprocity. States often do not pursue one particular course of action which might bring them short-term gains, because it could
.....read more Handbook of International LawThis summary of Handbook of international Law by Aust is written in 2013
The term ‘private international law’ refers to what is known as the ‘conflict of laws’. It covers the body of rules of a State’s domestic law which addresses legal issues with foreign elements; these rules determine which legal rules and jurisdiction are applicable.
A number of institutions are responsible for harmonisation of rules concerning conflict of laws. The Hague Conference on Private International Law, established in 1893 is tasked with the harmonisation of domestic rules on conflict of laws; UNIDROIT is responsible for the harmonisation of commercial domestic laws; UNCITRAL is tasked with harmonising international trade law.
The term ‘transnational law’ primarily connotes the study of the laws of multiple States, comparative law, supranational law, and (commercial) public international law. The study of transnational law gives the impression that the laws of States are becoming ever more similar; however, this is not the case.
International law is generally known as ‘public international law’ (sometimes also as ‘general international law’), in contrast to the public international law described above. It was previously known as the ‘Law of Nations’. Public international law is the product of the actions of States instead of a single national legal system.
The history of public international law is generally said to have started with Hugo Grotius, a Dutch jurist and diplomat, who lived from 1583 to 1645. Another important event in the early history of Public International Law is the Peace of Westphalia in 1648, which concluded the end of the Thirty Years’ War and the period of feudalism in European history. It also marked the emergence of the modern nation state with a strong centralised government exercising control over its subjects. These new states were in need of rules to govern conduct between them. From the mid-seventeenth century these
.....read more An Introduction to International Criminal Law and ProcedureIntroduction
Public international law primarily regulates interactions between States. However, international criminal law is mainly concerned with the conduct of individual persons. If persons violate international laws, that imposes the obligation on States to penalise such actions. International criminal law has been rapidly developing following the Second World War. This means that the broader field of international law is increasingly focusing on protecting humans rather than only the interests and obligations of States. An exception to this is that the crime of aggression can only be committed by (high-ranking) State officials. The project of international criminal law is quite recent.. Especially the Tribunals for the former Yugoslavia and Rwanda established in the 1990s have been important for its case law. International criminal courts and tribunals courts do not possess universal jurisdiction. Their rules are not always homogeneous or consistent. This can be explained partially by the fact that international criminal rules derive from a variety of sources. War crimes, for example, have developed from international humanitarian law. Genocide and crimes against humanity have evolved together with international human rights standards. War crimes, genocide, crimes against humanity and the crime of aggression constitute the most important crimes on which international law focuses. These are also the.....read more
Supersummary International Law - Anders HenriksenWith this book, Anders Henriksen has created a complete overview of international law. The book starts of with the basics of international law. All the important terms are discussed in detail. Comparisons are made between international and national but also EU-law.
After the explanation of the basics, different types of law are discussed. The influence of international law is made claer in this respect. The law of the sea, human rights law, environmental law and economic law all fall under international law for some part, but they differ from eachother in certain aspects. What complicates this even more, is that states and international organizations also have established their own rules.
Lastly, it is discussed how international law can be enforced and what happens when it is not obeyed. The book touches on peacefull dispute setlement, use of force, armed conflicts and international criminal law, and the relation between these breaches and solutions of international law.
The book is written especially for students, so everything is neatly structured and clearly explained. This book is perfect for beginning students who are just starting to learn about international law but also provides a very complete and detailed understanding of international law. The fact that de book starts of with the basics and later dives into the more complex issues, makes the material very understandable.
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