PPIL
Skript & Voci
Skript & Voci
Islamic Banking
- taking of interest is forbidden (similar to Talmudic law)
- Idea of Islamic Banking is to offer investment opportunities which are not based on interest - investment products are analysed by Sharia-Boards
- usually investment products try to hide interest
- the idea is that rich people invest in businesses and take the risk
What does Jihad mean?
Meaning: to strive for something, effort in battle
What is the smaller Jihad?
outward battle against the enemies of the Islamic community
What are the requirement for Jihad?
- threat must be present against the Islamic community
- Jihad needs to be declared by the officials of the Islamic community (and not by random groups) e.g. Government recognised by the population = obligation to participate in the defense for those who are able
What are the rules of Jihad?
- a Jihad can only be directed at enemies who fight and only as long as they fight; this excludes any actions against civilians
- Private property has to be respected
- Sanctuaries have to be respected
What is the greater Jihad?
battle against their own soul which is much more important
Jihad and Terrorism (opposite ideas)
- objective: as many civilian victims as possible <-> a Jihad can only be directed at enemies who fight and only as long as they fight
- led by small (or bigger) groups (of self-declared authorities) <-> needs to be declared by the officials of the Islamic community
- answer to threats? <-> threat must be present against the Islamic community
= Terrorism is an abuse of the concept of Jihad and the opposite idea
In which two groups was the Roman population divided?
- Patricians
- Plebeians
What are the 6 types of Roman Magistrates?
- Consules
- Praetors
- Quaestores
- Aediles
- Censores
- Tribuni Populi
What does SPQR mean?
Senatus Populus que Romanus
The Senate and the Roman people
What were the Principles of the Roman States for its members?
- not only one but two ore more colleagues
- limitation to one year
- without salary (on a honorary bases)
How was the Senate composed and what was its task?
(Composed of former magistrates) - advice (to the magistrates)
- SENATUS COSULTUM
- foreign policy e.g. declaring wars
What was the task of the Assemblees of the people?
- election of the magistrates
- adoption of laws (statues)
- LEX (pl. LEGES)
What are the sources of Roman Law?
- LEGES (statues) adopted by the people`s assemblies -> ius civilis
- EDICTUM (issued by the PRAETORS or the AEDILES) -> FORMULAE (conditions and claims) -> ius honoravium
What are two major Roman sales Laws?
- actio quanti minoris -> price reduction
- actio redhibitoria -> avoidance
What ar the 4 Parts of the Corpus iuris civilis?
I. INSTITUTIONES -> Introduction
II. DIGESTA -> Systematic Analysis based on Classic Law Literature
III. CONSTITUTIONES -> Statues by the emperors
IV. NOVELLAE -> Statues by the emperor JUSTINIAN
What makes joint-stock companies so attractive?
Based on capital
divided into shares (many shareholders/investors
„capital pump“
- Flexibility
shares are easy transmittable
stock exchange
limited liability (risk limitation)
- Shareholders not liable for company - concentration of power
- groups of corporations (e.g. Holdings)
What are the problems of a joint-stock company?
Who has the control over the company? Shareholders can take over control (theoretically 50-50% of the shares are needed, but i.r.l. less is needed)
Who is responsible for losses (liability)?
- The company uses others money (Abuse risk) - Speculation
- risk of Bubbles
Typical phenomena of modern legal systems
- joint-stock company
- intellectual property e.g. patents - competition law
- social security
- data protection/privacy
- human rights
Compare Modern Law to other legal traditions
see page 53
Elements of a state
- Land: territory (with clearly defined borders)
- People: permanent population (living on that territory)
- Government: sovereignty (not depending on any other institution)
Subjects of International Law
- ICJ International Court of Justice (The Hague)
- States
- Individuals
- International Organisations
Sources of Common law
- custom
- judicial precedent
Sources of Civil law
- codification
- statues
Compare Article 38 Statue ICJ to Article 1 Swiss Civil Code
Solution
Four development "steps" of Public International Law
1. Scholars/publicist (Natural Law): law of sea, diplomatic relations, peace treaties
2. Law of Nations: nation-states as sole subjects of international law (less than 50 states)
3. League of Nations: Lead to founding of PCIJ , First attempt of a new world order trough an international structure
4. United Nations (+ other international organisations): Multilateral treaties, Decolonization
see page 4
What are the two required elements of Customary International Law?
- State practice („evidence of a general practice“ -> objective element
- Opinio juris sive necessitatis („accepted as law“) -> subjective element
What are the differences between National and International Law?
see page 5
What are bilateral and multilateral treaties?
bilateral: between two parties e.g. taxes
multilateral: between three or more parties e.g. VCLT, UN CHarta, WTO
What are self-executing and non-self-excecuting treaties?
self-executing: domestic law effect -> no further action by domestic law-making body needed e.g. European Convention on Human Rights
non-self-excecuting: domestic legislative act needed
Treaty-Making-Process
see page 7
What are forcible and non-forcible counter-meausres?
forcible: (involving armed force)
- UN Charter prohibits agression but self-defense is allowed
non-forcible: (not involing military power)
- reprisal (illegal measures e.g. violating a treaty)
- retorsions (legal measures e.g. withdrwal of diplomats, economic sanctions)
VCLT
Vienna Convention on the Law of Treaties
ICJ
International Court of Justice
PCIJ
Permanent court of international justice
What means jurisdiction?
Power of a state to affect persons, property and circumstances within his territory.
Which are the two main treaties for diplomatic relations?
- Vienna Conventions Diplomatic Relations
- Vienna Conventions on Consular Relations
UNCLOS
United NAtions Convention on the Law of the Sea
soft law
quasi-legal instruments which have no legally binding force
What does ius ad bellum mean?
Jus ad bellum refers to the conditions under which States may resort to war or to the use of armed force in general. The prohibition against the use of force amongst States and the exceptions to it (self-defence and UN authorization for the use of force), set out in the United Nations Charter of 1945, are the core ingredients of jus ad bellum.
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Flashcards
Elements of a state
- Land: territory (with clearly defined borders)
- People: permanent population (living on that territory)
- Government: sovereignty (not depending on any other institution)
Subjects of International Law
- ICJ International Court of Justice (The Hague)
- States
- Individuals
- International Organisations
Sources of Common law
- custom
- judicial precedent
Sources of Civil law
- codification
- statues
Compare Article 38 Statue ICJ to Article 1 Swiss Civil Code
Solution
Four development "steps" of Public International Law
1. Scholars/publicist (Natural Law): law of sea, diplomatic relations, peace treaties
2. Law of Nations: nation-states as sole subjects of international law (less than 50 states)
3. League of Nations: Lead to founding of PCIJ , First attempt of a new world order trough an international structure
4. United Nations (+ other international organisations): Multilateral treaties, Decolonization
see page 4
What are the two required elements of Customary International Law?
- State practice („evidence of a general practice“ -> objective element
- Opinio juris sive necessitatis („accepted as law“) -> subjective element
What are the differences between National and International Law?
see page 5
What are bilateral and multilateral treaties?
bilateral: between two parties e.g. taxes
multilateral: between three or more parties e.g. VCLT, UN CHarta, WTO
What are self-executing and non-self-excecuting treaties?
self-executing: domestic law effect -> no further action by domestic law-making body needed e.g. European Convention on Human Rights
non-self-excecuting: domestic legislative act needed
Treaty-Making-Process
see page 7
What are forcible and non-forcible counter-meausres?
forcible: (involving armed force)
- UN Charter prohibits agression but self-defense is allowed
non-forcible: (not involing military power)
- reprisal (illegal measures e.g. violating a treaty)
- retorsions (legal measures e.g. withdrwal of diplomats, economic sanctions)
VCLT
Vienna Convention on the Law of Treaties
ICJ
International Court of Justice
PCIJ
Permanent court of international justice
What means jurisdiction?
Power of a state to affect persons, property and circumstances within his territory.
Which are the two main treaties for diplomatic relations?
- Vienna Conventions Diplomatic Relations
- Vienna Conventions on Consular Relations
UNCLOS
United NAtions Convention on the Law of the Sea
soft law
quasi-legal instruments which have no legally binding force
What does ius ad bellum mean?
Jus ad bellum refers to the conditions under which States may resort to war or to the use of armed force in general. The prohibition against the use of force amongst States and the exceptions to it (self-defence and UN authorization for the use of force), set out in the United Nations Charter of 1945, are the core ingredients of jus ad bellum.
What does ius in bello mean?
Jus in bello regulates the conduct of parties engaged in an armed conflict. IHL
is synonymous with jus in bello; it seeks to minimize suffering in armed conflicts, notably by protecting and assisting all victims of armed conflict to the greatest extent possible.
What is a persona non grata?
Person (Diplomat) which is „forced“ to leave the country by the local government
Which are the three main organs of the UN?
- General Assembly
- Security Council
- Secretariat
Competencies of the General Assembly
- discuss/consider/make recommendations
- approve the budget
- election of ICJ judges (together with SC)
- request for an ICJ advisory opinion
- no legislative power
- not a representation of the world population
- rather a governmental organisation
Competencies of the security council
- primary responsibility for the maintenance of int. peace & security
- take decisions which are binding for all UN members
- no legislative power
- not a representation of the world
UNCTAD
United Nations Conference on Trade and Development
WTO
World Trading Organisation
Public International Organisations (PIO)
- World Bank
- WTO
- UN
- EU
Nongeovermental Organisations (NGO)
- Greenpeace
- MSF
- Amnesty International
- WWF
ECHR
European Convention on Human Rights
CISG
United Nations convention on contracts for the international sale of goods
How does private international law function? (4 elements)
1. Foreign element: cross-border
2. Starting point / Establishing jurisdiction: which country shall deal with the case
3. The applicable law: Decision which law needs to be applied to a case
4. Recognition and Enforcement of foreign decisions
How is the CISG structured? (4 Parts)
Part I: Sphere of application / general provisions (art. 1-13)
Part II: Formation of the contract (art. 14-24)
Part III: Sales of goods (art. 25-88) -> Effects arising of contracts
for the internationals sales of goods
Part IV: Final provisions (art. 89-101)
UNCITRAL
United Nations Comittee on International Trade Law
Sales of Goods: State Courts vs. Arbitration
see page 26
ADR
Alternative Dispute Resolution
What does Comparative Law mean?
legal diversity - a consequence of cultural diversity
=> importance of the context: culture, mentality, civilisation, world view (Weltanschauung“)
in particular: historical background, predominating „Weltanschauung“, anthropology and cosmology
Antrophos = man / human being
olos = science doctrine, knowledge
cosmos = world, world order, cosmetics (creating order in the face)
The the three forces in Indian cosmology are?
- Brahma (creating force)
- Vishnu (sustaining and protecting froce)
- Shiva (destroying force)
What are the destinies of man in Indian cosmology?
- Samsara
- birth, death, rebirth
- Karma -> action
- law of Karma
- sum of the imprints which actions leave in the soul
- Atman->Self - = Brahman
Find back the way to the Atman (identify with Brahman)
