Main sources of international law that can affect

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Unformatted text preview: he law…etc 35 36 International v domestic law International law • International law is concerned with regulating the conduct between nation states • Two main sources of international law that can affect business within a nations’ boundaries are: customary rules of international law • It also applies to private individuals engaged in international transactions and treaties and conventions (agreements) 37 38 International law Domestic law • International treaties and conventions are not part of municipal or domestic law unless they are given express legislative approval by the Commonwealth Government and are ratified • The ratification of international treaties and conventions fall within the ambit of the Commonwealth Constitution under the external affairs power: s 51(xxix) • Domestic (also known as municipal) laws come from statute or case law • These laws regulate relations between people or organisations within the borders of the state (or country) 39 Public law/Private law 40 Public law Examples of public laws: • administrative • constitutional • criminal • industrial • taxation • Public law – the organisation of government and its relationship with the people • Private law – deals with disputes between individuals or organisations 41 42 Private law Substantive law/Procedural law Examples of private law: • contract • commercial • torts • property • business entities • Substantive law – the actual rights and duties of individuals and organisation under the law • Procedural law – is concerned with the rules of evidence and the conduct of criminal and civil proceedings 43 Common law/Civil law 44 Common law system • There many different legal systems throughout the world, including: common law civil law sot law Sharia law • Common law and civil law are the two dominant systems in the western world • System of law where laws are made by both the Parliament and by the Courts (ie: decisions of the judges/precedent) • Distinct from civil law system which is ‘codebased’ • This is the legal system used in: All countries that trace their legal heritage to England as former colonies of the British empire (eg. UK, Australia, New Zealand, USA, Malaysia, Singapore, India, Sri Lanka, South Africa, Canada, Ireland) 45 Civil law system 46 Common law system • The civil law syst...
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