PPIL

- 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 

Meaning: to strive for something, effort in battle 

outward battle against the enemies of the Islamic community 

- 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 

- 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 

battle against their own soul which is much more important 

- 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 

- Patricians

- Plebeians

- Consules

- Praetors

- Quaestores

- Aediles

- Censores

- Tribuni Populi

Senatus Populus que Romanus

The Senate and the Roman people 

- not only one but two ore more colleagues

- limitation to one year

- without salary (on a honorary bases) 

(Composed of former magistrates) - advice (to the magistrates)

- SENATUS COSULTUM
- foreign policy e.g. declaring wars 

- election of the magistrates

- adoption of laws (statues)

  - LEX (pl. LEGES) 

-  LEGES (statues) adopted by the people`s assemblies -> ius civilis 

-  EDICTUM (issued by the PRAETORS or the AEDILES) -> FORMULAE (conditions and claims) -> ius honoravium 

- actio quanti minoris -> price reduction 

- actio redhibitoria -> avoidance 

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 

•   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) 

• 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 

- joint-stock company
- intellectual property e.g. patents - competition law
- social security
- data protection/privacy
- human rights 

see page 53

- ICJ International Court of Justice (The Hague)

- States

- Individuals

- International Organisations

- custom

- judicial precedent

- codification

- statues

Solution

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

- State practice („evidence of a general practice“ -> objective element

- Opinio juris sive necessitatis („accepted as law“) -> subjective element 

see page 5

bilateral: between two parties e.g. taxes

multilateral: between three or more parties e.g. VCLT, UN CHarta, WTO

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

see page 7

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)

Vienna Convention on the Law of Treaties

International Court of Justice

Permanent court of international justice

Power of a state to affect persons, property and circumstances within his territory.

- Vienna Conventions Diplomatic Relations

- Vienna Conventions on Consular Relations

United NAtions Convention on the Law of the Sea

quasi-legal instruments which have no legally binding force

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.