5.1 Overview of International and Foreign Legal Systems
3 min read•august 15, 2024
International and foreign legal systems form a complex web of rules and structures. Common law and civil law systems differ in their reliance on precedent versus codified statutes. Understanding these differences is crucial for effective cross-jurisdictional research.
The plays a key role in developing international law, while regional organizations create complementary frameworks. Navigating the hierarchies of legal sources and overcoming language barriers are essential skills for researchers in this field.
Common Law vs Civil Law
Key Differences in Legal Principles
Top images from around the web for Key Differences in Legal Principles
The Dual Court System – American Government (2e) View original
Is this image relevant?
Common Law - Free of Charge Creative Commons Legal Engraved image View original
Is this image relevant?
Free of Charge Creative Commons common law Image - Legal 1 View original
Is this image relevant?
The Dual Court System – American Government (2e) View original
Is this image relevant?
Common Law - Free of Charge Creative Commons Legal Engraved image View original
Is this image relevant?
1 of 3
Top images from around the web for Key Differences in Legal Principles
The Dual Court System – American Government (2e) View original
Is this image relevant?
Common Law - Free of Charge Creative Commons Legal Engraved image View original
Is this image relevant?
Free of Charge Creative Commons common law Image - Legal 1 View original
Is this image relevant?
The Dual Court System – American Government (2e) View original
Is this image relevant?
Common Law - Free of Charge Creative Commons Legal Engraved image View original
Is this image relevant?
1 of 3
Common law systems are based on judicial precedent and case law, while civil law systems rely primarily on codified statutes and legal codes
In common law systems, judges have more flexibility to interpret the law and create binding precedent through their decisions (U.S., U.K.)
Civil law judges are typically more constrained by the strict application of codified law (France, Germany)
The doctrine of , which requires courts to follow precedent set by higher courts, is a fundamental principle in common law systems but plays a less significant role in civil law systems
Procedural and Structural Differences
Common law systems use the adversarial model, where lawyers present arguments before a neutral judge or jury
Civil law systems employ the inquisitorial model, where judges take an active role in investigating and questioning parties
The role of juries differs between the two systems
In common law, juries are often used in both civil and criminal trials
In civil law, juries are less common and may only be used in specific cases, such as criminal trials
International Law Enforcement
Role of the United Nations
The United Nations (UN) is the primary international organization responsible for developing and codifying international law through various bodies
General Assembly
Security Council
International Law Commission
The (ICJ), the principal judicial organ of the UN, adjudicates disputes between states and provides advisory opinions on legal matters referred to it by authorized UN organs and specialized agencies
Regional Organizations and Treaties
Regional organizations create and enforce regional legal frameworks that complement and sometimes supersede international law
(EU)
(AU)
(OAS)
International treaties and conventions create binding legal obligations for ratifying states
(UNCLOS)
Specialized International Organizations
International organizations have specific mandates to enforce international law within their respective domains
(WTO) handles trade disputes
(ICC) prosecutes international crimes
Legal Source Hierarchy
International Law Hierarchy
Primary sources in international law
International treaties
Customary international law
General principles of law recognized by civilized nations
Subsidiary sources include judicial decisions and scholarly writings
European Union Legal Hierarchy
Primary law (treaties)
Secondary law (regulations, directives, and decisions)
Supplementary law
Case law from the Court of Justice of the European Union
Sunnah (teachings and practices of the Prophet Muhammad)
Secondary sources
Ijma (consensus of Islamic scholars)
Qiyas (analogical reasoning)
Sources are interpreted and applied by Islamic jurists
Cross-Jurisdictional Research Challenges
Language and Terminology Barriers
Legal materials may be written in various languages, requiring translation or specialized language skills
Differences in legal terminology and concepts across jurisdictions can lead to misinterpretations or confusion when conducting comparative legal research
Accessing and Navigating Foreign Legal Resources
Differences in database structures, search interfaces, and access restrictions may complicate research
Understanding the cultural, historical, and political contexts that shape legal systems is crucial for accurately interpreting and applying foreign legal materials
Staying Current and Collaborating with Experts
Keeping up with changes in foreign legal systems, such as amendments to legislation or landmark court decisions, requires ongoing monitoring and updating of research strategies
Collaborating with local legal experts or utilizing specialized research services may be necessary to effectively conduct legal research in unfamiliar jurisdictions