FUNCTIONS of DOMESTIC LEGAL SYSTEM

1
FUNCTIONS of DOMESTIC LEGAL SYSTEM

• Dispute Resolution -- Maintain and Restore Social
  Order
• Facilitate Planning -- Project Consequences of
  Actions
• Educative Function -- Instill and Reflect Values
  of Society
• Legitimizing Function -- Reflects Lack of Other
  Social Institutions

2
LEGAL SYSTEMS

• Common Law Anglo-American
• Precedent-based (stare decisis)
• Individual cases source of legal principles
• Adversarial system, neutral judge
• Civil Law European
• Code-based
• Cases only application of principles set out in
  codes
• Inquisitorial system, judge leads inquiry
• Socialist Law Communist System
• Islamic Law Sharia-based

3
Characteristics of International Law

• Comity practice of states treating each other
  with goodwill and civility
• International law only binding on states that
  consent to it agree to treaty or ratify
  convention
• Absence of mandatory means of dispute resolution
• International law concerns states and
  intergovernmental organizations
• States sovereignty and need for recognition by
  other states
• Intergovernmental Organizations UN, EU, WTO,
  OECD
• International law generally not concerned with
  individuals
• Individuals have derivative rights state can
  seek redress on behalf of individuals
• Individuals as subjects may have basic human
  rights
• Public International law vs. private
  international law

4
SOURCES OF INTERNATIONAL LAW

• International Conventions and Treaties
• Treaties Binding agts btwn two or more states
• Conventions binding agts btwn states sponsored
  by international organizations
• International Custom
• Consistent and recurring action by states
• States observing the custom regard it as binding
• Domestic law regarded as subservient to
  International Law
• Obligation of states to bring domestic law into
  compliance with international norms

5
Briefing a Case

• Facts
• What court or tribunals involved here?
• What is nature of dispute Who?, Why?, What is
  at stake?
• Arguments of the parties? Principles?
• Where are we procedurally?
• Issue What is the legal question the court must
  decide?
• Decision How does the court decide the issue?
• Reasoning Why does the court decide the way it
  did?