Sources of Law - Week - 1 (2013)

Welcome to
LEGAL ASPECTS OF INTERNATIONAL TRADE

Facilitator: Dr. Fred Koch Session: Winter 2013
27/01/2013
Legal Aspects of International Trade, Winter 2012
Todays Agenda
1. Complete name cards & attendance sheet 2. Handout and review course syllabus 3. Brief overview of course 4. Major legal systems of the world 5. Overview of the Canadian legal system 6. Sources of Canadian law
27/01/2013
Distribution and Review of the Course Syllabus
27/01/2013
Overview of the Course
Course will look at a variety of areas of law that have a heavy impact on foreign trade with a view to alerting you to when you need to do research or retain legal counsel to advise you
27/01/2013
Overview of Course (contd)

Some of the areas of law we will cover include: 1. 2. 3. 4. The various legal systems in the world The sources of Canadian domestic law The law of contract in Canada Domestic and foreign sale of goods contracts
Legal Aspects of International Trade, Winter 2012 5
27/01/2013
Overview of the Course (contd)

5. 6. 7. 8. Anti-competition laws in Canada The law concerning privacy of information Product liability law in Canada Intellectual property (patents, trademarks, copyright)
27/01/2013
Overview of the Course (contd)

While many of the concepts relate primarily to Canadian law, the concepts are similar in the law of the United States, the United Kingdom, Australia, New Zealand, and other Commonwealth countries
27/01/2013 Legal Aspects of International Trade, Winter 2012 7
SLATE Overview
The SLATE website for the course is your guide to class and examination preparation. Students are expected to complete the tasks on the course site before each class throughout the term
27/01/2013
SLATE Overview (contd)
Go to that site and well go through how it works
27/01/2013
Step # 1: Start with the Course Content webpage
27/01/2013
10
Step # 2:
Left mouse click on Lesson Modules
27/01/2013
11

Under the Lesson Modules youll find a summary of each week. It gives you an overview of the lesson, the lesson objectives, a link to the readings for the week, and a description of the homework for the week to be done in preparation for forthcoming the class

Under the heading RESOURCES in the lesson module, you will find the title Readings. Click on the link and it will take you to the readings for the week
27/01/2013
13

Under each Lesson Module for each week you will also find Links to various websites that contain useful information related to the course Some of these sites will be referenced in class

Step # 3: Each week do the tasks listed under the heading ASSIGNMENT in the Lesson Module. This is your weekly pre-class homework.
27/01/2013
15

Step # 3 (contd): Under the Assignment section, it includes doing the weekly reading, doing the Review Your Understanding questions, and doing the Apply Your Knowledge case problems
27/01/2013
16

Step # 3 (contd):
Review Your Understanding

If go back to the homepage for the course, you will find a sub-file labeled Review Your Understanding. In that file, each week, there is a list of questions about the materials (e.g., world legal systems, Cdn. Legal system, and world trade organizations for week # 1)

Review Your Understanding
You working out the answers to the questions is a task designed to make sure that you understand basic content only. Make sure you figure out and write down the answers to each question each week! This is part of the homework you must do each week in the course to prep for class

Step # 3 (contd): Go back to home page and open sub-file labeled Apply Your Knowledge.
27/01/2013
19
Step # 3 (contd)
Starting in week # 2, there are case problems with questions. You need to work through those problems and write down answers to the questions. Compare those answers to those of your classmates. If you are uncertain about a particular answer, you may come e-mail the instructor to schedule an appointment to discuss the question and the answer. This is part of your weekly homework.

Expected to Demonstrate Problemsolving Learning
In this course you will be expected to not only demonstrate knowledge of content, but an ability to apply it to new situations. What does that mean?
27/01/2013
21

1.
Through your readings and in class you will learn about legal principles that apply in business Having learned a legal principle you will be shown how to apply it to a new situation to answer a question You will then be asked to apply it to a different situation without instructor assistance and justify your analysis using the concepts you have learned. You will be graded on this process.
27/01/2013
2.
3.

Problem-Solving Thinking (contd) To assist in this regard, go to Course Content Home page and click on Apply Your Knowledge
27/01/2013
23

Need to do and understand the Apply Your Knowledge case problems Preparation for assignments and examinations in course. Will be expected to do this sort of work
Conclusion of Overview
Questions about (1) course expectations, (2) course topics, (3) course resources?
27/01/2013
25
Terminology
Why may the term international business law be misleading?
Because it implies there is a single body of international law that deals with business transactions or trade
27/01/2013
26
Terminology (contd)
If I want to conduct international business from Canada what law must I be concerned about? 1. Canadian domestic law 2. The domestic law of each foreign country I am doing business in
Terminology (contd)
3. Any applicable international treaties or conventions 4. International trade customs and usage
27/01/2013
28
Only True International Law
Only truly international law is the law of the sea. Why?
27/01/2013
29
The Development of National Legal Systems

In Western Europe, most legal systems developed in the period of kingdoms (between approx. 1200-1850 A.D.)
27/01/2013
30
The Development of National Legal Systems (contd)
The laws only applied as far as the boundaries in which the kings subjects resided. This was the foundation for national systems of law in Western countries.
27/01/2013
31
National Laws Not Entirely Unique
Although each kingdom developed its own body of laws, it was often patterned after one of five (5) major systems of law found in the world
27/01/2013
32
Major Types of Legal Systems in the World

What are the five (5) major types of legal systems in the world? 1. The Civil law system with roots in Roman law (circa 600 A.D.) The common law system with roots in England (circa 1500 A.D.)
2.
27/01/2013
Major Types of Legal Systems in the World (contd)

3. Islamic law system with roots in the Quran (circa 700 A.D.) Socialist law system with roots in civil law and Marxism (circa 1930s)
Customary law system with roots in local cultures (various periods)
4.
5.
27/01/2013
The Term Civil Law

Term civil law used in two (2) very different ways, namely: 1. To distinguish a nations body of law that is not criminal law from that which is criminal law
To identify the nations entire system of law as based on Roman civil law, as opposed to English common law
2.
27/01/2013
The Term Civil Law (contd)
We will use civil law in contrast to criminal law, and Civil law in contrast to common law
27/01/2013
36
The Civil Law System

In 6th century A.D., Roman Emperor Justinian ordered the creation of a comprehensive written code of laws for the empire (Justinians Code).
Why was a written code possible in the Roman empire of the 6th century A.D.?
27/01/2013
37
The Civil Law System (contd)

With a Civil law system, all of the laws or principles are written down in a comprehensive code. What is required to learn and know that code?
27/01/2013
38

What are some advantages to a code system of laws? 1. 2. 3. The law is generally clear on a topic The law does not change much over time Judges have limited discretion, must simply apply the law as written. Main role is interpretation.
27/01/2013

After being lost in the Dark Ages of Europe (700-1000 A.D.), Justinian Code discovered by Catholic scholars in Italy in the 1100s. It became the foundation of Roman Catholic Church law in the Middle Ages (1200-1500 A.D.). (
germantownacademy.org)
27/01/2013
40

Through the Catholic clergy, Roman Civil law was gradually introduced to and became the foundation for the secular law systems of kingdoms in Western Europe (e.g., Spain,Portugal, France, Scotland)

When kingdoms such as Spain, Portugal, and France colonized the New World, Africa, and parts of Asia, they brought the Civil law with them (rootsweb.ancestry.com)

In North America, the Spanish colonized areas that are now Mexico and Central America such as Costa Rica, Nicaragua, Panama, etc. which are Civil law countries
27/01/2013
43

The French colonized the areas now known as the American state of Louisiana and the Canadian province of Quebec (originally called New France)

To this day, these areas of North America have a primarily Civil law system (except in criminal matters) (E.g., the Province of Quebec, the State of Louisiana)
27/01/2013
45
The Common Law System

In 1066 A.D., William, Duke of Normandy (northwestern France), crossed the English channel and conquered what is now England
27/01/2013
46
The Common Law System (contd)

One of the first things King William I wanted to do in England was figure out the nations wealth. To do this he ordered prominent local people to meet with royal officials and report on what every person in the community possessed (e.g., name, number of horses, cows, sheep, etc.)

It is believed that this led to the development of the jury system. Royal judges traveled from village to village in circuits. Anyone in a village with a case appeared before the judge and a group of locals called a jury.
27/01/2013
48

Local people were compelled by royal order to sit on juries because they personally knew what the dispute was about. Also, they would inform the judge about local customs for dealing with these types of situations based on oral histories
27/01/2013
49

Sometimes the traveling judges (about 8 to 12) would take a local custom and turn it into a general rule back in London once off the circuit. These rules became common to the whole kingdom, and became binding royal laws, not merely customs or traditions

In the common law system, previous decisions by judges in like situations are binding on judges at a lower or equal level. This is called the doctrine of precedent or stare decisis (Latin for stand by decision)
27/01/2013
51

In the common law system, the binding effect of the law comes from the fact that a judge had previously decided it, not from the fact that a legislature enacted a written code of law. Thus, in the common law system, judges make law through their decisions in cases and this body of law grows as more decisions are made

What are some advantages of the common law system? 1. 2. 3. Certainty based on precedent Laws are less politically influenced Law more flexible as society changes (advantage for business)
27/01/2013

Disadvantages include: 1. Not a comprehensive system since it developed piece by piece Not easily accessible and understandable to lay people because based on reading judges decisions in cases
2.
27/01/2013
The English common law was well established by about the mid-1600s
27/01/2013
55

If you wish to see what a common law judges decision looks like go to the website: http://scc.lexum.org/decisia-scc-csc/scc-c sc/en/nav.do Select a case and open it

When the English empire began to develop, England exported the common law to many parts of the world including: 1. 2. 3. 4. 5. 6. 7. U.S.A. (except Louisiana) Canada (except Quebec) Caribbean Islands Parts of Africa such as South Africa Australia & New Zealand Singapore India
27/01/2013
The Role of Codified Law in Common Law System

Brief discussion of statute law and how the English Parliament is the supreme law maker in that kingdom (ultra vires doctrine) http://www.youtube.com/watch?v=5xUy 2inkGHQ
Islamic Law System

Islamic law began to develop in the Middle East around 700 A.D. and was based on the Quran
It spread from the Middle East to northern Africa, Iran, Afghanistan, and Indonesia
Islamic Law System (contd)

Unlike the Civil law and the common law systems, which are today primarily secular systems, Islamic law is still heavily tied to Islam (the Quran in particular), and thus, tends not to change to the same extent with societal developments

Also, the split in Islam, and the local culture influences, tend to lead to more local variation in the laws application by Islamic courts. Thus, need to research law in each country carefully before doing business in countries whose law is based on the Islamic system.
27/01/2013
61

More restrictions on contractual arrangements than other systems because of Quran based doctrines against things such as interest and unjustified profits
27/01/2013
62
Socialist Law System

Developed in Soviet Russia during the 1920s and 1930s, then exported with Communism after WWII to countries in Eastern Europe, parts of Africa, and Asia (mainly Vietnam, China, and North Korea)
Socialist Law System (contd)

Based on a Civil law system with an overlapping layer of Marxist-Leninist ideology
Gradually starting to disappear as former communist countries become more capitalistic in nature
Customary Legal Systems

Laws are in large measure codified, but very much linked to ancient cultural values and moral principles
More general and less certain than Western legal rules, which may present challenges to Western businesses (need for research)
Customary Legal Systems (contd)
Found in countries such as China, India, and parts of Africa
27/01/2013
66
Major Trading Partners of Canada
What countries are Canadas top trading partners (apart from the U.S.)?
27/01/2013
67
Legal systems exercise for seven (7) major trading partners
27/01/2013
68
Canadian Constitution
To understand Canadian legal system, need to understand two constitutional documents. What are they? 1. 2. Constitution Act, 1867 Canadian Charter of Rights & Freedoms (1982)
27/01/2013
69
Nature of a Constitutional Law

Supreme and founding law of a country Overrides all other laws of that country if there is a conflict Who decides if there is a conflict?
Nature of Constitutional Law

Cannot structure a functional government without constitution. Why?
Sets out (1) powers of government, and (2) the legal rights of the people
27/01/2013
71
Key U.S. Constitutional Documents

What are the two (2) key U.S. constitutional documents? 1. The Constitution of the United States of America (1776) Articles 8-10 deal with powers of federal govt and state govts (see www.constitution.org/constit_.htm)
Key U.S. Constitutional Documents (contd)
2.
The Bill of Rights (1791) (see www.constitution.org/constit_.htm , and then click on the words Bill of Rights at the top)
27/01/2013
73
Sources of Canadian Law
Review and discuss handout on the two principal sources of Canadian law
27/01/2013
74
Highest Court in Canada

Supreme Court of Canada:
27/01/2013
75
Judge-made Law
Nine (9) judges sit as a panel on S.C.C.:
27/01/2013
76
Conclusion of Cdn. Legal System
Are there any questions about how the Canadian legal system operates?
27/01/2013
77
U.S. and Commonwealth Countries
Discuss U.S. and other Commonwealth countries such as Australia
27/01/2013
78
International Organizations
All these organizations are designed to pressure governments into harmonizing their laws on business and trade. Have met with limited success because of the doctrine of sovereignty
27/01/2013
79
International Organizations
Discuss W.T.O. and General Agreement on Tariffs and Trade (GATT) N.A.F.T.A. and N.A.F.T.A. trade panel
E.U. and E.U. Trade Commission

Conclusion
Questions about the readings on major trade organizations or trade treaties can be raised next week, once done the readings
Next week look at forms of business organization
27/01/2013
81
The end! for now
27/01/2013
82

Sources of Law - Week - 1 (2013)

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Sources of Law - Week - 1 (2013)

Hochgeladen von

Copyright:

Verfügbare Formate

Welcome to

LEGAL ASPECTS OF INTERNATIONAL TRADE

Legal Aspects of International Trade, Winter 2012

Legal Aspects of International Trade, Winter 2012

Distribution and Review of the Course Syllabus

Legal Aspects of International Trade, Winter 2012

Overview of the Course

Legal Aspects of International Trade, Winter 2012

Overview of Course (contd)

Overview of the Course (contd)

Legal Aspects of International Trade, Winter 2012

Overview of the Course (contd)

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

Go to that site and well go through how it works

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

Step # 1: Start with the Course Content webpage

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

SLATE Overview (contd)

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

SLATE Overview (contd)

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

Review Your Understanding

SLATE Overview (contd)

SLATE Overview (contd)

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

SLATE Overview (contd)

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

SLATE Overview (contd)

Legal Aspects of International Trade, Winter 2012

SLATE Overview (contd)

Legal Aspects of International Trade, Winter 2012

Legal Aspects of International Trade, Winter 2012

Legal Aspects of International Trade, Winter 2012

Only True International Law

Only truly international law is the law of the sea. Why?

Legal Aspects of International Trade, Winter 2012

The Development of National Legal Systems

Legal Aspects of International Trade, Winter 2012

The Development of National Legal Systems (contd)

Legal Aspects of International Trade, Winter 2012

National Laws Not Entirely Unique

Legal Aspects of International Trade, Winter 2012

Major Types of Legal Systems in the World

Major Types of Legal Systems in the World (contd)

The Term Civil Law

The Term Civil Law (contd)

Legal Aspects of International Trade, Winter 2012

The Civil Law System

Legal Aspects of International Trade, Winter 2012

The Civil Law System (contd)

Legal Aspects of International Trade, Winter 2012