How many countries in the world use common law?
List of national legal systems
Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, New Zealand, Bangladesh, India (excluding Goa), Pakistan, South Africa, Canada (excluding Quebec), Hong Kong, the United States (on a state level excluding Louisiana), and many other places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Nigeria operates largely on a common law system, but incorporates religious law.
Law of the United States
The United States and most Commonwealth countries are heirs to the common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants.
Law
Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland, the U.S. state of Louisiana, and the Canadian province of Quebec). In medieval England, the Norman conquest the law varied-shire-to-shire, based on disparate tribal customs. The concept of a "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges that had authority to create an institutionalized and unified system of law "common" to the country. The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or "Magna Carta" of 1215 also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralized. In 1297, for instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematized process of developing common law.
Code of law
In a civil law country, a code of law typically exhaustively covers the complete system of law, such as civil law or criminal law. By contrast, in a common law country with legislative practices in the English tradition, a code of law is a less common form of legislation, which differs from usual legislation that, when enacted, modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. A code entirely replaces the common law in a particular area, leaving the common law inoperative unless and until the code is repealed. In a third case of slightly different usage, in the United States and other common law countries that have adopted similar legislative practices, a code of law is a standing body of statute law on a particular area, which is added to, subtracted from, or otherwise modified by individual legislative enactments.
Common law
The former Soviet Bloc and other Socialist countries used a Socialist law system.
International law
Though the European democracies tend to support broad, universalistic interpretations of international law, many other democracies have differing views on international law. Several democracies, including India, Israel and the United States, take a flexible, eclectic approach, recognizing aspects of international law such as territorial rights as universal, regarding other aspects as arising from treaty or custom, and viewing certain aspects as not being subjects of international law at all. Democracies in the developing world, due to their past colonial histories, often insist on non-interference in their internal affairs, particularly regarding human rights standards or their peculiar institutions, but often strongly support international law at the bilateral and multilateral levels, such as in the United Nations, and especially regarding the use of force, disarmament obligations, and the terms of the UN Charter.
Since international law has no established compulsory judicial system for the settlement of disputes or a coercive penal system, it is not as straightforward as managing breaches within a domestic legal system. However, there are means by which breaches are brought to the attention of the international community and some means for resolution. For example, there are judicial or quasi-judicial tribunals in international law in certain areas such as trade and human rights. The formation of the United Nations, for example, created a means for the world community to enforce international law upon members that violate its charter through the Security Council.
Competition law
By 2008 111 countries had enacted competition laws, which is more than 50 percent of countries with a population exceeding 80,000 people. 81 of the 111 countries had adopted their competition laws in the past 20 years, signaling the spread of competition law following the collapse of the Soviet Union and the expansion of the European Union. Currently competition authorities of many states closely co-operate, on everyday basis, with foreign counterparts in their enforcement efforts, also in such key area as information / evidence sharing.
Common law
The contrast between civil law and common law legal systems has become increasingly blurred, with the growing importance of jurisprudence (similar to case law but not binding) in civil law countries, and the growing importance of statute law and codes in common law countries.
Common law
"Black's Law Dictionary" 10th Ed., definition 2, differentiates "common law" jurisdictions and legal systems from "civil law" or "code" jurisdictions. Common law systems place great weight on court decisions, which are considered "law" with the same force of law as statutes—for nearly a millennium, common law courts have had the authority to make law where no legislative statute exists, and statutes mean what courts interpret them to mean.
International matrimonial law
There are 19 states that are parties the Convention, all of which are in Europe. Many states, including the United States, which is not a Contracting State to the Convention, recognize divorces obtained abroad through the above-mentioned legal principle of comity. The convention also applies to Hong Kong, to which it was extended before its transfer from the United Kingdom to China.
Court
The two major legal traditions of the western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman Law, specifically a civil body of law entitled "Corpus iuris civilis". This theory of civil law was rediscovered around the end of the eleventh century and became a foundation for university legal education starting in Bologna, Spain and subsequently being taught throughout continental European Universities. Civil law is firmly ensconced in the French and German legal systems. Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created a body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems. In most civil law jurisdictions, courts function under an inquisitorial system. In the common law system, most courts follow the adversarial system. Procedural law governs the rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, The International Criminal Court, based in The Hague, in The Kingdom of The Netherlands.
Constitutional law
The common law and the civil law jurisdictions do not share the same constitutional law underpinnings. Common law nations, such as those in the Commonwealth as well as the United States, derive their legal systems from that of the United Kingdom, and as such place emphasis on judicial precedent, whereby consequential court rulings (especially those by higher courts) are a source of law. Civil law jurisdictions, on the other hand, place less emphasis on judicial review and only the parliament or legislature has the power to effect law. As a result, the structure of the judiciary differs significantly between the two, with common law judiciaries being adversarial and civil law judiciaries being inquisitorial. Common law judicatures consequently separate the judiciary from the prosecution, thereby establishing the courts as completely independent from both the legislature and law enforcement. Human rights law in these countries is as a result, largely built on legal precedent in the courts' interpretation of constitutional law, whereas that of civil law countries is almost exclusively composed of codified law, constitutional or otherwise.
Common law
Common law systems trace their history to England, while civil law systems trace their history through the Napoleonic Code back to the Corpus Juris Civilis of Roman law.
Capital punishment
Most countries, including almost all First World nations, have abolished capital punishment either in law or in practice. Notable exceptions are the United States, China, India, Japan, South Korea, and most Islamic states. The United States is the only Western country to still use the death penalty.
Common law
Scotland shares the Supreme Court, with England, Wales and Northern Ireland for civil cases; the court's decisions are binding on the jurisdiction from which a case arises but only influential on similar cases arising in Scotland. This has had the effect of converging the law in certain areas. For instance, the modern UK law of negligence is based on "Donoghue v Stevenson", a case originating in Paisley, Scotland.
Sharia
A 2013 survey based on interviews of 38,000 Muslims, randomly selected from urban and rural parts in 39 countries using area probability designs, by the Pew Forum on Religion and Public Life found that a majority—in some cases "overwhelming" majority—of Muslims in a number of countries support making sharia the law of the land, including Afghanistan (99%), Iraq (91%), Niger (86%), Malaysia (86%), Pakistan (84%), Morocco (83%), Bangladesh (82%), Egypt (74%), Indonesia (72%), Jordan (71%), Uganda (66%), Ethiopia (65%), Mali (63%), Ghana (58%), and Tunisia (56%). In Muslim regions of Southern-Eastern Europe and Central Asia, the support is less than 50%: Russia (42%), Kyrgyzstan (35%), Tajikistan (27%), Kosovo (20%), Albania (12%), Turkey (12%), Kazakhstan (10%), Azerbaijan (8%). Regarding specific averages, in South Asia, Sharia had 84% favorability rating among the respondents; in Southeast Asia 77%; in the Middle-East/North Africa 74%; in Sub-Saharan Africa 64%; in Southern-Eastern Europe 18%; and in Central Asia 12%.
List of countries by traffic-related death rate
According to the World Health Organization, road traffic injuries caused an estimated 1.25 million deaths worldwide in the year 2010. That is, one person is killed every 25 seconds. Only 28 countries, representing 449 million people (seven percent of the world's population), have adequate laws that address all five risk factors (speed, drunk driving, helmets, seat-belts and child restraints). Over a third of road traffic deaths in low- and middle-income countries are among pedestrians and cyclists. However, less than 35 percent of low- and middle-income countries have policies in place to protect these road users.
Comparative criminal justice
People who study comparative criminal justice study different forms and use of punishment across societies, including capital punishment. Fifty-nine countries retain the death penalty as reported in 2007. Comparativists study the different ways in which execution is carried out across the world including hanging, shooting, beheading, injection, electrocution, and even stoning. Comparativists find that in many developing countries such as Iran, Indonesia, Belarus, and many others, that violent methods of execution such as hanging beheading, shooting, and stoning are much more common ways of carrying out the death penalty, and in many cases the only ways. However in western culture as well as developed countries such as the United States less brutal execution such as lethal injection is utilized. Even prison sentences can come harshly. In many countries such as Burma a person can be sentenced to prison for merely disagreeing with the government. Presumably ridiculous sentences such as multiple life sentences or sentences of hundreds, even thousands of years are meant to prohibit the chance of parole in the future. Although it may seem preposterous, western cultures carry out the same type of sentencing.
Even though similar sentences are used across the globe leniency is varied widely between societies. Many governments such as the one mentioned above in Burma provide swift and heavy punishment to assert their roles of power.
Department of Justice (Hong Kong)
The main principle of basic law is “one country, two system”. Although China took back Hong Kong in 1997, the previous law in force in Hong Kong(laws of equity, ordinances, subordinate, subordinate legislation, common law and customary law) still remain unchanged for 50 years. Except some law related to foreign affairs and defense, nation law of China will not apply on Hong Kong.
State law (United States)
The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law. The passage of time has led to state courts and legislatures expanding, overruling, or modifying the common law; as a result, the laws of any given state invariably differ from the laws of its sister states. Thus, as noted above, the U.S. must be regarded as 50 "separate" systems of tort law, family law, property law, contract law, criminal law, and so on. (In addition, the District of Columbia and the federal territories also have their own separate legal systems analogous to state legal systems, although they do not enjoy state sovereignty.)
List of national legal systems
The contemporary legal systems of the world are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies Law at the level of legal systems is called Comparative Law.
Legal origins theory
In a series of influential papers published between 1997 and 2008 (the first one being La Porta et al. (1997) and the last one being La Porta et al. (2008)), Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer, and Robert Vishny exploited the exogenous assignment of these very different institutions and assumed that they have not been reformed later on to provide evidence consistent with the idea that common law is correlated with"(a) better investor protection, which in turn is associated with improved financial development […], (b) lighter government ownership and regulation, which are in turn associated with less corruption, better functioning labor markets, and smaller unofficial economies, and (c) less formalized and more independent judicial systems, which are in turn associated with more secure property rights and better contract enforcement " [La Porta et al. 2008, p. 298]. Operationally, the "legal origins" scholars assigned the majority of countries in the world to either the English-common law, the French-civil law, or one among the German, Scandinavian, and Socialist legal traditions and then they calculated correlations between these legal origins dummies and proxies for the aforementioned economic outcomes.
Law of the United Kingdom
English law refers to the legal system administered by the courts in England and Wales, which rule on both civil and criminal matters. English law is considered as the original of the common law and is based on those principles. English law can be described as having its own legal doctrine, distinct from civil law legal systems since 1189.
Universal jurisdiction
Amnesty International argues that since the end of the Second World War over fifteen states have conducted investigations, commenced prosecutions and completed trials based on universal jurisdiction for the crimes or arrested people with a view to extraditing the persons to a state seeking to prosecute them. These states include: Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Israel, Mexico, Netherlands, Senegal, Spain, Switzerland, the United Kingdom and the United States. Amnesty writes:
Common law
Roman Dutch Common law is a bijuridical or mixed system of law similar to the common law system in Scotland and Louisiana. Roman Dutch common law jurisdictions include South Africa, Botswana, Lesotho, Namibia, Swaziland, Sri-Lanka and Zimbabwe. Many of these jurisdictions recognise customary law, and in some, such as South Africa the Constitution requires that the common law be developed in accordance with the Bill of Rights. Roman Dutch common law is a development of Roman Dutch law by courts in the Roman Dutch common law jurisdictions. During the Napoleonic wars the Kingdom of the Netherlands adopted the French "code civil" in 1809, however the Dutch colonies in the Cape of Good Hope and Sri Lanka, at the time called Ceylon, were seized by the British to prevent them being used as bases by the French Navy. The system was developed by the courts and spread with the expansion of British colonies in Southern Africa. Roman Dutch common law relies on legal principles set out in Roman law sources such as Justinian's Institutes and Digest, and also on the writing of Dutch jurists of the 17th century such as Grotius and Voet. In practice, the majority of decisions rely on recent precedent.
International law
The modern study of international law starts in the early 19th century, but its origins go back at least to the 16th century, and Alberico Gentili, Francisco de Vitoria and Hugo Grotius, the "fathers of international law." Several legal systems developed in Europe, including the codified systems of continental European states and English common law, based on decisions by judges and not by written codes. Other areas developed differing legal systems, with the Chinese legal tradition dating back more than four thousand years, although at the end of the 19th century, there was still no written code for civil proceedings.
Common law
The law of India, Pakistan, and Bangladesh are largely based on English common law because of the long period of British colonial influence during the period of the British Raj.
Custom (law)
Customary law is also used in some Third World countries, such as those in Africa, usually used alongside common or civil law. For example, in Ethiopia, despite the adoption of legal codes based on civil law in the 1950s according to Dolores Donovan and Getachew Assefa there are more than 60 systems of customary law currently in force, "some of them operating quite independently of the formal state legal system." They offer two reasons for the relative autonomy of these customary law systems: one is that the Ethiopian government lacks sufficient resources to enforce its legal system to every corner of Ethiopia; the other is that the Ethiopian government has made a commitment to preserve these customary systems within its boundaries.
Common law (disambiguation)
Common law is a legal system named after judge-made law, which plays an important role in it.
Common-law marriage in the United States
Common law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in eight U.S. states and the District of Columbia; plus two other states that recognise domestic common law marriage after the fact for limited purposes. It is arguably the original form of marriage, in which a couple took up residency together, held themselves out to the world as a married couple, and otherwise behaved as a married couple. It has been gradually abolished in Western nation states since the sixteenth century, when the Council of Trent in 1563 ruled that no marriage thenceforth would be valid in the eyes of the Roman Catholic Church unless it were solemnised by a priest. This ruling was quickly adopted in predominantly Roman Catholic countries, and eventually became the norm in Protestant nations as well. In 1753, the Kingdom of Great Britain passed Lord Hardwicke's Act, which provided no marriage in England and Wales was legally valid unless performed under the auspices of the Church of England, with exceptions for Jews and Quakers. The Act did not apply to Scotland or to the American colonies, and Ireland was still a separate country in 1753; so common law marriage continued in the future United States until individual states abolished it.
Access to information
The results from UNESCO monitoring of SDG 16.10.2 show that 112 countries have now adopted freedom of information legislation or similar administrative regulations. Of these, 22 adopted new legislation since 2012. At the regional level, Africa has seen the highest growth, with 10 countries adopting freedom of information legislation in the last five years, more than doubling the number of countries in the region to have such legislation from nine to 19. A similarly high growth rate has occurred in the Asia-Pacific region, where seven countries adopted freedom of information laws in the last five years, bringing the total to 22. In addition, during the reporting period, two countries in the Arab region, two countries in Latin America and the Caribbean, and one country in Western Europe and North America adopted freedom of information legislation. The vast majority of the world’s population now lives in a country with a freedom of information law, and several countries currently have freedom of information bills under consideration.
Rule of law in the United Kingdom
The rule of law is one of the longest established common law fundamental principles of the governance of the United Kingdom, dating to Magna Carta of 1215, particularly jurisprudence following its late 13th century re-drafting. It as a minimum subjects an otherwise absolute monarch (executive) and all free people within its jurisdictions, primarily those of England and Wales, Scotland and Northern Ireland to legal doctrines known as the general principles of law. It has evolved to work only alongside equal application of the law to all free people 'equality before the law' and within the framework of the constitutional monarchy supports the legal doctrine of parliamentary sovereignty. Exactly what it entails beyond this and the way that different aspects of the rule of law principle are applied, depends on the specific situation and era.
Common law
Judge-made common law operated as the primary source of law for several hundred years, before Parliament acquired legislative powers to create statutory law. It is important to understand that common law is the older and more traditional source of law, and legislative power is simply a layer applied on top of the older common law foundation. Since the 12th century, courts have had parallel and co-equal authority to make law—"legislating from the bench" is a traditional and essential function of courts, which was carried over into the U.S. system as an essential component of the "judicial power" specified by Article III of the U.S. Constitution. Justice Oliver Wendell Holmes, Jr. summarized centuries of history in 1917, "judges do and must legislate." There are legitimate debates on how the powers of courts and legislatures should be balanced. However, the view that courts lack law-making power is historically inaccurate and constitutionally unsupportable.
Law
Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation—especially codifications in constitutions or statutes passed by government—and custom. Codifications date back millennia, with one early example being the Babylonian "Codex Hammurabi". Modern civil law systems essentially derive from the legal practice of the 6th-century Eastern Roman Empire whose texts were rediscovered by late medieval Western Europe. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate, "iudex", was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from the laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529–534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the "Corpus Juris Civilis". As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire. Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, and scholars at the University of Bologna used it to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as canon law, continued to spread throughout Europe until the Enlightenment; then, in the 19th century, both France, with the "Code Civil", and Germany, with the "Bürgerliches Gesetzbuch", modernised their legal codes. Both these codes influenced heavily not only the law systems of the countries in continental Europe (e.g. Greece), but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and China to most of Central and Latin America. With the exception of Louisiana's Civil Code, the United States follows the common law system described below.
Common-law marriage
The Marriage Act of 1753 also did not apply to Britain's overseas colonies of the time, so common-law marriages continued to be recognized in the future United States and Canada. All other European jurisdictions have long abolished "marriage by habit and repute", Scotland became the last to do so in 2006.
Commonwealth of Nations
In 2009, to mark the 60th anniversary of the founding of the Commonwealth, the Royal Commonwealth Society commissioned a poll of public opinion in seven of the member states: Australia, Canada, India, Jamaica, Malaysia, South Africa and the United Kingdom. It found that most people in these countries were largely ignorant of the Commonwealth's activities, aside from the Commonwealth Games, and indifferent toward its future. Support for the Commonwealth was twice as high in developing countries as in developed countries; it was lowest in Britain.
Fair use
Sources differ on whether fair use is fully recognized by countries other than the United States. American University's "infojustice.org" published a compilation of portions of over 40 nations' laws that explicitly mention fair use or fair dealing, and asserts that some of the fair dealing laws, such as Canada's, have evolved (such as through judicial precedents) to be quite close to those of the United States. This compilation includes fair use provisions from Bangladesh, Israel, South Korea, the Philippines, Sri Lanka, Taiwan, Uganda, and the United States. However, Paul Geller's 2009 "International Copyright Law and Practice" says that while some other countries recognize similar exceptions to copyright, only the United States and Israel fully recognize the concept of fair use.
International law
International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties. Customary international law is derived from the consistent practice of States accompanied by "opinio juris", i.e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally been looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission (ILC), under the aegis of the United Nations. Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms ("jus cogens") as to include all states with no permissible derogations.International law is sourced from decision makers and researchers looking to verify the substantive legal rule governing a legal dispute or academic discourse. The sources of international law applied by the community of nations to find the content of international law are listed under Article 38.1 of the Statute of the International Court of Justice: Treaties, customs, and general principles are stated as the three primary sources; and judicial decisions and scholarly writings are expressly designated as the subsidiary sources of international law. Many scholars agree that the fact that the sources are arranged sequentially in the Article 38 of the ICJ Statute suggests an implicit hierarchy of sources. However, there is no concrete evidence, in the decisions of the international courts and tribunals, to support such strict hierarchy, at least when it is about choosing international customs and treaties. In addition, unlike the Article 21 of the Rome Statute of the International Criminal Court, which clearly defines hierarchy of applicable law (or sources of international law), the language of the Article 38 do not explicitly support hierarchy of sources.
Common law
"Common law" as the term is used today in common law countries contrasts with "ius commune". While historically the "ius commune" became a secure point of reference in continental European legal systems, in England it was not a point of reference at all.
Common law
The first definition of "common law" given in "Black's Law Dictionary", 10th edition, 2014, is "The body of law derived from judicial decisions, rather than from statutes or constitutions; [synonym] CASELAW, [contrast] STATUTORY LAW." This usage is given as the first definition in modern legal dictionaries, is characterized as the “most common” usage among legal professionals, and is the usage frequently seen in decisions of courts. In this connotation, "common law" distinguishes the authority that promulgated a law. For example, the law in most Anglo-American jurisdictions includes "statutory law" enacted by a legislature, "regulatory law" (in the U.S.) or “delegated legislation” (in the U.K.) promulgated by executive branch agencies pursuant to delegation of rule-making authority from the legislature, and common law or "case law", "i.e.", decisions issued by courts (or quasi-judicial tribunals within agencies). This first connotation can be further differentiated into
Publication of decisions, and indexing, is essential to the development of common law, and thus governments and private publishers publish law reports. While all decisions in common law jurisdictions are precedent (at varying levels and scope as discussed throughout the article on precedent), some become "leading cases" or "landmark decisions" that are cited especially often.
LGBT rights in the Commonwealth of Nations
The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 35 of the 53 sovereign states of the Commonwealth; and legal in only 18.
International law
The term "international law" is sometimes divided into "public" and "private" international law, particularly by civil law scholars, who seek to follow a Roman tradition. Roman lawyers would have further distinguished "jus gentium", the law of nations, and "jus inter gentes" – agreements between nations. On this view, "public" international law is said to cover relations between nation-states, and includes fields such as treaty law, law of sea, international criminal law, the laws of war or international humanitarian law, international human rights law, and refugee law. By contrast "private" international law, which is more commonly termed "conflict of laws", concerns whether courts within countries claim jurisdiction over cases with a foreign element, and which country's law applies. A further concept, more recently developing, is of "supranational law", on the law of supranational organizations. This concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective. Systems of "supranational law" arise when nations explicitly cede their right to make certain judicial decisions to a common tribunal. The decisions of the common tribunal are directly effective in each party nation, and have priority over decisions taken by national courts. The European Union is an example of an international treaty organization which implements a supranational legal framework, with the European Court of Justice having supremacy over all member-nation courts in matter of European Union law. A further frequently used term is "transnational law", which refers to a body of rules that transcend the nation state.
World government
World War II (1939–1945) resulted in an unprecedented scale of destruction of lives (over 60 million dead, most of them civilians), and the use of weapons of mass destruction. Some of the acts committed against civilians during the war were on such a massive scale of savagery, they came to be widely considered as crimes against humanity itself. As the war's conclusion drew near, many shocked voices called for the establishment of institutions able to permanently prevent deadly international conflicts. This led to the founding of the United Nations in 1945, which adopted the Universal Declaration of Human Rights in 1948. Many, however, felt that the UN, essentially a forum for discussion and coordination between sovereign governments, was insufficiently empowered for the task. A number of prominent persons, such as Albert Einstein, Winston Churchill, Bertrand Russell and Mohandas K. Gandhi, called on governments to proceed further by taking gradual steps towards forming an effectual federal world government. The United Nations main goal is to work on international law, international security, economic development, human rights, social progress, and eventually world peace. The United Nations replaced the League of Nations in 1945, after World War II. Almost every internationally recognized country is in the U.N.; as it contains 193 member states out of the 196 total nations of the world. The United Nations gather regularly in order to solve big problems throughout the world. There are six official languages: Arabic, Chinese, English, French, Russian and Spanish. The United Nations is also financed by some of the wealthiest nations. The flag shows the Earth from a map that shows all of the populated continents.
Common Reporting Standard
All European Union (EU) countries, China, India, Hong Kong, Russia and 109 countries altogether have agreed to become signatories. Yet many countries will not participate in the automatic information exchange. Many of those that have not signed are small countries. In April 2016, shortly after the release of the Panama papers, Panama agreed to comply with the standard. In Jan 2018, Panama has signed the MCAA at the OECD headquarters in Paris and become the 98th jurisdiction joining CRS MCAA. The US position is unusual. It has not signed this specific treaty. The U.S. receives information relating to US citizens' accounts from many countries due to the compliance requirements of the FATCA act. The United States, in many cases, will reciprocate by sharing banking data with countries for accounts which their citizens hold in the U.S.
Common law
The centuries-old authority of the common law courts in England to develop law case by case and to apply statute law—"legislating from the bench"— is a traditional function of courts, which was carried over into the U.S. system as an essential component of the "judicial power" specified by Article III of the U.S. constitution. Justice Oliver Wendell Holmes, Jr. summarized centuries of history in 1917, "judges do and must legislate” (in the federal courts, only interstitially, in state courts, to the full limits of common law adjudicatory authority).
Common law
As used by non-lawyers in popular culture, the term "common law" connotes law based on ancient and unwritten universal custom of the people. The "ancient unwritten universal custom" view was the view among lawyers and judges from the earliest times to the mid-19th century. But for 100 years, lawyers and judges have recognized that the "ancient unwritten universal custom" view does not accord with the facts of the origin and growth of the law, and it is not held within the legal profession today.
Under the modern view, “common law” is not grounded in “custom” or "ancient usage", but rather acquires force of law instantly (without the delay implied by the term "custom" or "ancient") when pronounced by a higher court, because and to the extent the proposition is stated in judicial opinion. From the earliest times through the late 19th century, the dominant theory was that the common law was a pre-existent law or system of rules, a social standard of justice that existed in the habits, customs, and thoughts of the people. Under this older view, the legal profession considered it no part of a judge's duty to make new or change existing law, but only to expound and apply the old. By the early 20th century, largely at the urging of Oliver Wendell Holmes (as discussed throughout this article), this view had fallen into the minority view: Holmes pointed out that the older view worked undesirable and unjust results, and hampered a proper development of the law. In the century since Holmes, the dominant understanding has been that common law “decisions are themselves law, or rather the rules which the courts lay down in making the decisions constitute law”. Holmes wrote in a 1917 opinion, “The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified." Among legal professionals (lawyers and judges), the change in understanding occurred in the late 19th and early 20th centuries (as explained later in this article), though lay dictionaries were decades behind in recognizing the change.
Majority opinion
A majority opinion in countries which use the common law system becomes part of the body of case law.
Graeme Leung
It was revealed on 6 March 2006 that Leung had been elected onto the Council of the Commonwealth Lawyers Association. Founded in 1983, the Council is a professional association of lawyers working to uphold the rule of law among the 53-member Commonwealth of Nations. Leung is the second lawyer from a Pacific Islands nation to serve on the Council. The first was Ms. Alofa Seruvatu, former Secretary of the Fiji Law Society, who was elected in 2004. He was re-elected to the Council of the CLA in February 2011 at a meeting in Hyderabad, India. He is currently a senior Vice-President of Law Asia. He is also on the executive of the International Bar Association's Pro Bono and Access to Justice Committee.
Legal English
Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S., the UK, Ireland, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, Legal English is now a global phenomenon. It may informally be referred to as lawspeak.
Capital punishment
The United Nations General Assembly has adopted, in 2007, 2008, 2010, 2012 and 2014, non-binding resolutions calling for a global moratorium on executions, with a view to eventual abolition. Although most nations have abolished capital punishment, over 60% of the world's population live in countries where the death penalty is retained, such as China, India, the United States, Indonesia, Pakistan, Bangladesh, Nigeria, Ethiopia, Egypt, Saudi Arabia, Iran, among all mostly Islamic countries, as is maintained in Japan, South Korea, Taiwan, and Sri Lanka. China executes more people than all other countries combined.
Plurality voting
Plurality voting is used for local and/or national elections in 43 of the 193 countries that are members of the United Nations. Plurality voting is particularly prevalent in the United Kingdom and former British colonies, including the United States, Canada and India.
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. The Law of the Sea Convention defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention, concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. , 167 countries and the European Union have joined in the Convention. It is uncertain as to what extent the Convention codifies customary international law.
Commonwealth of Nations
The land area of the Commonwealth nations is about , or about 21% of the total world land area. The three largest Commonwealth nations by area are Canada at , Australia at , and India at . In 2016, the Commonwealth members had a combined gross domestic product of over $9 trillion, 78% of which is accounted for by the four largest economies: United Kingdom ($2.629 trillion), India ($2.256 trillion), Canada ($1.529 trillion), and Australia ($1.258 trillion).
Good manufacturing practice
The World Health Organization (WHO) version of GMP is used by pharmaceutical regulators and the pharmaceutical industry in over 100 countries worldwide, primarily in the developing world. The European Union's GMP (EU-GMP) enforces similar requirements to WHO GMP, as does the FDA's version in the US. Similar GMPs are used in other countries, with Australia, Canada, Japan, Saudi Arabia, Singapore, Philippines, Vietnam and others having highly developed/sophisticated GMP requirements. In the United Kingdom, the Medicines Act (1968) covers most aspects of GMP in what is commonly referred to as "The Orange Guide," which is named so because of the color of its cover; it is officially known as "Rules and Guidance for Pharmaceutical Manufacturers and Distributors".
Federal common law
Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law doctrines with a complete federalism, wherein the national supreme court has virtually no power to review state court decisions to determine whether the state courts have followed state laws. The High Court of Australia is sometimes said to have federal common law, but because all state and territorial courts are directly appealable to the High Court, this is indistinguishable from a general common law. In contrast, the United States Supreme Court has effectively barred the creation of federal common law in areas traditionally under the authority of state courts. Nevertheless, there are several areas where federal common law continues to govern.
International law
International law is the set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts.
Primary and secondary legislation
Civil law systems are almost universal in Europe, with the exceptions of England, Wales, Northern Ireland and the Republic of Ireland, as well as in Central and South America, much of Africa and Asia.
Common law
This is the reason for the frequent choice of the law of the State of New York in commercial contracts, even when neither entity has extensive contacts with New York—and remarkably often even when neither party has contacts with the United States. Commercial contracts almost always include a "choice of law clause" to reduce uncertainty. Somewhat surprisingly, contracts throughout the world (for example, contracts involving parties in Japan, France and Germany, and from most of the other states of the United States) often choose the law of New York, even where the relationship of the parties and transaction to New York is quite attenuated. Because of its history as the United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware corporate law, and American contracts relating to corporate law issues (merger and acquisitions of companies, rights of shareholders, and so on.) include a Delaware choice of law clause, because of the deep body of law in Delaware on these issues. On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose the law of a foreign jurisdiction (for example, England and Wales, and the state of California), but not yet so fully developed that parties with no relationship to the jurisdiction choose that law. Outside the United States, parties that are in different jurisdictions from each other often choose the law of England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. The common theme in all cases is that commercial parties seek predictability and simplicity in their contractual relations, and frequently choose the law of a common law jurisdiction with a well-developed body of common law to achieve that result.
United States and the United Nations Convention on the Law of the Sea
UNCLOS, also called the Law of the Sea Convention or the Law of the Sea Treaty, defines the rights and responsibilities of nations in their use of the world's oceans; it establishes guidelines for businesses, the environment, and the management of marine natural resources. To date, 162 countries and the European Union have joined the Convention.
Access to public information in Europe
Over the past 10 years, the right to information and access to public information has been recognised in an increasing number of countries and several FOI laws have been adopted all over the world, including in the developing countries. If in 1990 only 13 countries had a national freedom of information law, today there are 100 such laws across the world.
United Kingdom constitutional law
Like other democratic countries, the principles of international law are a basic component of the UK constitution, both as a primary tool of interpretation of domestic law, and through the UK's consistent support and membership of major international organisations. As far back as the Magna Carta 1215, English law recognised the right to free movement of people for international trade. By 1608, Sir Edward Coke wrote confidently that international commercial law, or the "lex mercatoria", is part of the laws of the realm, while the constitutional crises of the 17th century centred upon Parliament halting the King's attempting to tax international trade without its consent. Similarly in the 18th century, Lord Holt CJ viewed international law as a general tool for interpretation of the common law, while Lord Mansfield in particular did more than any other to affirm that the international "lex mercatoria" "is not the law of a particular country but the law of all nations", and "the law of merchants and the law of the land is the same". In 1774, in "Somerset v Stewart", one of the most important cases in legal history, Lord Mansfield held that slavery was lawful "in no country" and therefore in common law. In modern case law it has been consistently accepted that it "is a principle of legal policy that [UK] law should conform to public international law." The House of Lords stressed that "there is a strong presumption in favour of interpreting English law (whether common law or statute) in a way which does not place the United Kingdom in breach of an international obligation." For example, in "Hounga v Allen" the Supreme Court held that a young lady who had been illegally trafficked to the UK had a right to bring a race discrimination claim against her employers, even though she had herself been in violation of the Immigration Act 1971. In doing so, the court unanimously drew upon international treaties signed by the UK, known as the Palermo Protocols, as well as the European Convention on Human Rights, in interpreting the scope of the common law doctrine of illegality, and held it was no bar for the claimant to assert her legal rights. It has been further debated whether the UK should adopt a theory of that sees international law as part of UK without any further act (a "monist" theory), or whether it should still be required for international law principles to be translated into domestic law (a "dualist" theory). The current position in European Union law is that while international law binds the EU, it cannot undermine fundamental principles of constitutional law or human rights. 
Since the World Wars brought an end to the British Empire and physically destroyed large parts of the country, the UK has consistently supported organisations formed under international law. From the Versailles Treaty 1919, the UK was a founding member of the International Labour Organization, which sets universal standards for people's rights at work. After the failure of the League of Nations and following World War Two, the UK became a founding member of the United Nations, recognised by Parliament through the United Nations Act 1946, enabling any resolution of the Security Council except the use of force to be implemented by an Order in Council. Under the Universal Declaration of Human Rights 1948, the continued colonial occupation, and suppression of democracy and human rights in the British Empire lost any remaining legitimacy under international law, and combined with independence movements this led to its rapid dissolution. Two fundamental treaties, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights in 1966 saw the UK ratify most rights from the Universal Declaration. Following the Ponsonby Rule from 1924, the Constitutional Reform and Governance Act 2010 section 20 stipulates that a treaty is ratified once it is laid before Parliament for 21 days and no adverse resolution is passed against it. Regionally, the UK participated in drafting the European Convention on Human Rights 1950 which sought to guarantee basic standards of democracy and human rights to preserve peace in post-war Europe. At the same time, following long-held visions for European integration with the UK "at the centre", democratic European countries sought to integrate their economies both to make war impossible, and to advance social progress. In 1972, the UK joined the European Community (renamed the European Union in 1992) and committed to implement EU law in which it participated, in the European Communities Act 1972. In 1995, the UK also became a founding member of the World Trade Organization. To ensure that the European Convention was directly applied by the courts, the Human Rights Act 1998 was passed. It also passed the International Criminal Court Act 2001 to enable prosecution of war criminals, and subjected itself to the jurisdiction of the court. In 2016, however, the UK voted in a referendum on whether to leave the European Union, resulting on a 72.21% turnout in a margin of 48.11% favouring "remain", 51.89% favouring "leave" on unspecified terms (27% of the total UK population). However, large majorities in both Scotland and Northern favoured remaining in the EU, and it was revealed that significant criminal conduct took place in the vote. This led to considerable uncertainty about the UK's future role in the international community.
Common law
The U.S. state of California has a system based on common law, but it has codified the law in the manner of the civil law jurisdictions. The reason for the enactment of the California Codes in the 19th century was to replace a pre-existing system based on Spanish civil law with a system based on common law, similar to that in most other states. California and a number of other Western states, however, have retained the concept of community property derived from civil law. The California courts have treated portions of the codes as an extension of the common-law tradition, subject to judicial development in the same manner as judge-made common law. (Most notably, in the case "Li v. Yellow Cab Co.", 13 Cal.3d 804 (1975), the California Supreme Court adopted the principle of comparative negligence in the face of a California Civil Code provision codifying the traditional common-law doctrine of contributory negligence.)
Conspiracy (criminal)
Of the Big Five, only the French Republic exclusively subscribed to the civil law; the USSR subscribed to the socialist law, the U.S. and the U.K. followed the common law; and the Republic of China did not have a cause of action at this particular proceeding. (In addition, both the civil and the customary law were upheld.) The jurisdiction of the International Military Tribunal was unique and extraordinary at its time, being a court convened under the law of nations and the laws and customs of war. It was the first of its sort in human history, and found several defendants not guilty.
Common law
Edward Coke, a 17th-century Lord Chief Justice of the English Court of Common Pleas and a Member of Parliament, wrote several legal texts that collected and integrated centuries of case law. Lawyers in both England and America learned the law from his "Institutes" and "Reports" until the end of the 18th century. His works are still cited by common law courts around the world.
International Commission of Jurists
As at 2015 there are 21 autonomous National Sections of the ICJ. They are:Every few years, the ICJ convenes a World Congress, where jurists from around the world work together to address a pressing human rights issue and agree normative principles and objectives in a public Declaration. These Declarations have frequently been used by inter-governmental bodies, including the United Nations, as well as bar associations, lawyers, academic centres and other human rights NGOs around the world. For example, the ICJ was responsible for the Declaration of Delhi on the rule of law in 1959, which set out the ICJ's conception of the Rule of Law as being dynamic.
Common law
Ghana, after independence, did not do away with the common law system inherited from the British, and today it has been enshrined in the 1992 Constitution of the country. Chapter four of Ghana's Constitution, entitled “The Laws of Ghana”, has in Article 11(1) the list of laws applicable in the state. This comprises (a) the Constitution; (b) enactments made by or under the authority of the Parliament established by the Constitution; (c) any Orders, Rules and Regulations made by any person or authority under a power conferred by the Constitution; (d) the existing law; and (e) the common law. Thus, the modern-day Constitution of Ghana, like those before it, embraced the English common law by entrenching it in its provisions. The doctrine of judicial precedence which is based on the principle of "stare decisis" as applied in England and other pure common law countries also applies in Ghana.
Common-law marriage in the United States
Today, domestic common law marriages can be contracted in the following nine jurisdictions:Additionally, these two jurisdictions recognise domestic common law marriage in the limited circumstances indicated:Of the remaining 40 states, 13 never permitted and 27 no longer permit common law marriages to be contracted within their jurisdiction. The latter group will only recognise a domestic common law marriage if it was contracted in the state prior to the date of abolition. Nevertheless, all states recognise validly contracted "foreign" common law marriages, because they recognise all validly contracted foreign marriages. E.g. California abolished the common law contract of marriage in 1895 and, thus, will only continue to recognise a domestic common law marriage contracted in California prior to that date; but any validly contracted "out-of-state" common law marriage will be recognised by California, because it recognises "all" validly contracted foreign marriages under Cal. Family Code 308.
Public interest law
Public interest law (公益法, pronounced Gong Yi Fa) is an accepted term in China, where the basic institutions supporting the rule of law are still extremely nascent. China does not have a common-law system in which lawyers are expected to play a key role in “making law.” Nevertheless, a small but effective community of lawyers has gained acceptance of public interest litigation as a legitimate means of resolving social issues and contributing to a harmonious society, and non-governmental actors have significantly improved the enforcement of rights for migrant workers, women, children and those suffering from environmental degradation, among others. For example, public interest lawyers in China have filed lawsuits in court successfully challenging workplace sexual harassment and the involuntary confinement of healthy people to mental hospitals.
Cross-border insolvency
The United Nations Commission on International Trade Law adopted a model law relating to cross-border insolvency on 30 June 1997. At present 46 jurisdictions have substantially implemented the Model Law into their domestic legislation, including a number of states with both significant economies and large volumes of cross border trade—such as the United States, Japan, the United Kingdom, Australia and Canada, as well as leading emerging economies such as Mexico and South Africa.
Crime of apartheid
The International Criminal Court (ICC) came into being on 1 July 2002, and can only prosecute crimes committed on or after that date. The Court can generally only exercise jurisdiction in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. The ICC exercises complimentary jurisdiction. Many of the member states have provided their own national courts with universal jurisdiction over the same offenses and do not recognize any statute of limitations for crimes against humanity. As of July 2008, 106 countries are states parties (with Suriname and Cook Islands set to join in October 2008), and a further 40 countries have signed but not yet ratified the treaty. However, many of the world's most populous nations, including China, India, the United States, Indonesia, and Pakistan are not parties to the Court and therefore are not subject to its jurisdiction, except by Security Council referral.
Left- and right-hand traffic
Of the 194 countries currently recognised by the United Nations (and the unrecognised Palestine and Kosovo), 140 use RHT and 54 use LHT on roads in general. A country and its territories and dependencies is counted once. Whichever directionality is listed first is the type that is used in general in the traffic category.
Law
Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The "Arthashastra", probably compiled around 100 AD (although it contains older material), and the "Manusmriti" (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia. This Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. Malaysia, Brunei, Singapore and Hong Kong also adopted the common law. The eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French, but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, and Mao Zedong's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law, which essentially inflates administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing a process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization.
Common law
The common lawso named because it was "common" to all the king's courts across Englandoriginated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. Prior to the Norman Conquest, much of England's legal business took place in the local folk courts of its various shires and hundreds. A variety of other individual courts also existed across the land: urban boroughs and merchant fairs held their own courts, as did the universities of Oxford and Cambridge, and large landholders also held their own manorial and seigniorial courts as needed. Additionally, the Catholic Church operated its own court system that adjudicated issues of canon law.
Official language
Worldwide, 178 countries have at least one official language, and 101 of these countries recognise more than one language. Many of the world's constitutions mention one or more official or national languages. Some countries use the official language designation to empower indigenous groups by giving them access to the government in their native languages. In countries that do not formally designate an official language, a "de facto" national language usually evolves. English is the most common official language, with recognized status in 51 countries. Arabic, French, and Spanish are also widely recognized.
Capital punishment
Since World War II, there has been a trend toward abolishing the death penalty. 58 countries retain the death penalty in active use, 102 countries have abolished capital punishment altogether, six have done so for all offences except under special circumstances, and 32 more have abolished it in practice because they have not used it for at least 10 years and are believed to have a policy or established practice against carrying out executions.
United Nations Convention on the Law of the Sea
By 1967, only 25 nations still used the old limit, while 66 nations had set a territorial limit and eight had set a limit. , only two countries still use the limit: Jordan and Palau. That limit is also used in certain Australian islands, an area of Belize, some Japanese straits, certain areas of Papua New Guinea, and a few British Overseas Territories, such as Anguilla.
Sources of international law
Some treaties are the result of codifying existing customary law, such as laws governing the global commons, and "jus ad bellum". While the purpose is to establish a code of general application, its effectiveness depends upon the number of states that ratify or accede to the particular convention. Relatively few such instruments have a sufficient number of parties to be regarded as international law in their own right. The most obvious example is the 1949 Geneva Conventions for the Protection of War Victims.
Common law
In one usage that is now archaic, but that gives insight into the history of the common law, "common law" referred to the pre-Christian system of law, imported by the Saxons to England, and dating to before the Norman conquest, and before there was any consistent law to be applied. That usage is obsolete today. It is both underinclusive and overinclusive, as discussed in the section on "misconceptions".
Union Internationale des Avocats
Today, the UIA is an association open to all lawyers from around the world, general or specialized, and brings together several thousand members and 200 bar associations, federations, and associations from 110 countries. 
Multilingual and multicultural, the UIA is the only major international lawyers organisation to have eight official languages (French, English, Spanish, Italian, German, Portuguese, Arabic, and Chinese) and to work in three working languages: French, English, and Spanish.
Moreover, the UIA has built more than 47 commissions and working groups composed of lawyers from jurisdictions spanning the globe. These lawyers practice in law firms, businesses, or public institutions. Each commission monitors the evolution occurring in a particular legal field (or practice) and determines how these changes will affect or be affected by other legal fields. All UIA commissions collaborate to keep each other informed of their respective developments and findings.
The UIA's commissions and working groups are divided into two principal fields: "Business Law" and "General Practice and Human Rights"
Rule of law
The Rule of Law is especially important as an influence on the economic development in developing and transitional countries. To date, the term "rule of law" has been used primarily in the English-speaking countries, and it is not yet fully clarified even with regard to such well-established democracies as, for instance, Sweden, Denmark, France, Germany, or Japan. A common language between lawyers of common law and civil law countries as well as between legal communities of developed and developing countries is critically important for research of links between the rule of law and real economy.
Common-law marriage
The English courts also upheld marriages by consent in territories not under British control but only if it had been impossible for the parties to marry according to the requirements of the local law. The late 1950s and early 1960s saw a spate of cases arising out of the Second World War, with marriages in prisoner-of-war camps in German-occupied Europe posing a particular problem for judges. (Some British civilians interned by the Japanese during the Second World War were held to be legally married after contracting marriages under circumstances where the formal requirements could not be met.) To this limited extent, English law does recognise what has become known as a "common-law marriage". English legal texts initially used the term to refer exclusively to "American" common-law marriages. Only in the 1960s did the term "common-law marriage" begin to be used in its contemporary sense to denote unmarried, cohabiting heterosexual relationships and not until the 1970s and 1980s did the term begin to lose its negative connotations. The use of the term is likely to have encouraged cohabiting couples to believe falsely that they enjoyed legal rights. By the end of the 1970s a myth had emerged that marrying made little difference to one’s legal rights, and this may have fuelled the subsequent increase in the number of couples living together and having children together outside marriage.
List of national legal systems
A comprehensive list of countries that base their legal system on a codified civil law follows:
Common law and equity (legal concept) are systems of law whose sources are the decisions in cases by judges. In addition, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions, judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. Statutes were allowed to be made by the government. Common law developed in England, influenced by Anglo-Saxon law and to a much lesser extent by the Norman conquest of England, which introduced legal concepts from Norman law, which, in turn, had its origins in Salic law. Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception). The doctrine of "stare decisis", also known as "case law" or "precedent by courts", is the major difference to codified civil law systems.
Public Lending Right
Twenty-eight countries have a PLR programme, and others are considering adopting one. Canada, the United Kingdom, all the Scandinavian countries, Germany, Austria, Belgium, the Netherlands, Israel, Australia, and New Zealand currently have PLR programmes. There is ongoing debate in France about implementing one. There is also a move towards having a Europe-wide PLR programme administered by the European Union.
Admiralty law
Admiralty law may be distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg.
Joseph Dainow
As a scholar in the Civil Law, there were not a lot of opportunities for a university position in the U.S. and Canada. While most of Europe and the rest of the world had legal systems based on Civil Law, only Quebec and Louisiana used the Civil Law. Civil Law is based on comprehensive, continuously updated legal codes that specify all matters that can be brought before a court. The rest of the U.S. and Canada used the Common Law, which was based on the English legal system of case law where the law is based on prior judicial decisions of the courts.
Law of Malaysia
The application of English law or common law is specified in statutes. Section 5 of Criminal Procedure Code states that English law shall be applied in cases where no specific legislation has been enacted. Similarly, in context of civil law, Sections 3 and 5 of Civil Law Act allows for application of English common law, equity rules, and statutes in Malaysian civil cases where no specific laws have been made. In 2007, Chief Justice of Malaysia, Ahmad Fairuz Abdul Halim questioned need to resort to English common law despite Malaysia having already been independent for 50 years and proposed to replace it with Islamic law jurisprudence or sharia law. However, Malaysian Bar Council responded by saying that common law is part of Malaysian legal system and that is no basis to replace it. Court appeals to Privy Council in England have already been abolished in 1985.
Supranational law
Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. It is distinguished from public international law, because in supranational law, nations explicitly submit their right to make judicial decisions by treaty to a set of common tribunal. The United Nations Security Council and subordinate organizations such as the International Court of Justice are the only globally accepted supranational tribunals.
Single Convention on Narcotic Drugs
Drug enforcement varies widely between nations. Many European countries, including the United Kingdom, Germany, and, most famously, the Netherlands, do not prosecute all petty drug offenses. Dutch coffee shops are allowed to sell small amounts of cannabis to consumers. However, the Ministry of Health, Welfare and Sport's report, "Drugs Policy in the Netherlands", notes that large-scale "[p]roduction and trafficking are dealt with severely under the criminal law, in accordance with the UN Single Convention. Each year the Public Prosecutions Department deals with an average of 10,000 cases involving infringements of the Opium Act." Some of the most severe penalties for drug trafficking are handed down in certain Asian countries, such as Malaysia, which mandate capital punishment for offenses involving amounts over a certain threshold. Singapore mandates the death penalty for trafficking in 15 g (half an ounce) of heroin, 30 g of cocaine or 500 g of cannabis. Most nations, such as France and the United States, find a middle ground, imposing a spectrum of sanctions ranging from probation to life imprisonment for drug offenses.
Violence against LGBT people
There was a drop in locations where homosexual acts remained illegal from 2009 when there were 80 countries worldwide (notably throughout the Middle East, Central Asia and in most of Africa, but also in some of the Caribbean and Oceania) with five carrying the death penalty to 2016 when 72 countries criminalized consensual sexual acts between adults of the same sex.
Common law
In the United States, parallel systems of law (providing money damages, with cases heard by a jury upon either party's request) and equity (fashioning a remedy to fit the situation, including injunctive relief, heard by a judge) survived well into the 20th century. The United States federal courts procedurally separated law and equity: the same judges could hear either kind of case, but a given case could only pursue causes in law or in equity, and the two kinds of cases proceeded under different procedural rules. This became problematic when a given case required both money damages and injunctive relief. In 1937, the new Federal Rules of Civil Procedure combined law and equity into one form of action, the "civil action". Fed.R.Civ.P. . The distinction survives to the extent that issues that were "common law (as opposed to equity)" as of 1791 (the date of adoption of the Seventh Amendment) are still subject to the right of either party to request a jury, and "equity" issues are decided by a judge.
Abortion law
According to a report by Women on Waves, approximately 25% of the world's population lives in countries with "highly restrictive abortion laws" - that is, laws which either completely ban abortion, or allow it only to save the mother's life. This category of countries includes most countries in Latin America, most countries of MENA, approximately half of the countries of Africa, seven countries in the Asia-Pacific region, as well as one country (Malta) and the Northern Ireland region of the UK in Europe.
Common Reporting Standard
In May 2014, forty-seven countries tentatively agreed on a "common reporting standard", formally referred to as the "Standard for Automatic Exchange of Financial Account Information": an agreement to share information on residents' assets and incomes automatically in conformation with the standard. Endorsing countries included all 34 OECD countries, as well as Argentina, Brazil, China, Colombia, Costa Rica, India, Indonesia, Latvia, Lithuania, Malaysia, Saudi Arabia, Singapore, and South Africa.
Law in Africa
The law in Africa is a diverse mix of common law, customary law, civil law and religious law systems. Africa is the second largest continent and has 56 countries contained in it.
Commonwealth realm
A Commonwealth realm is a sovereign state in which Queen Elizabeth II is the reigning constitutional monarch and head of state. Each realm is independent from the other realms. As of 2019, there are 16 Commonwealth realms: Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Solomon Islands, Tuvalu, and the United Kingdom. All 16 Commonwealth realms are members of the Commonwealth of Nations, an intergovernmental organisation of 53 member states. Elizabeth II is Head of the Commonwealth.
Left- and right-hand traffic
RHT is used in 163 countries and territories, with the remaining 78 countries and territories using LHT. Countries that use LHT account for about a sixth of the world's area with about 35% of its population and a quarter of its roads. In 1919, 104 of the world's territories were LHT and an equal number were RHT. From 1919 to 1986, 34 of the LHT territories switched to RHT.
Official language
According to an undated chart by the American pro-English-only organization known as U.S. English, 178 countries have an official language at the national level. Among those, English is the most common with 67 nations giving it official status. French is second with 29 countries, Arabic is third with 26 countries and Spanish is fourth with 19 countries, Portuguese is the official language of 9 countries and German is official in 6. Some countries—like Australia, United Kingdom and the United States—have no official language recognized as such at national level. On the other extreme, Bolivia officially recognizes 37 languages, the most by any country in the world. Second to Bolivia is India with 23 official languages. South Africa is the country with the most official languages, all at equal status to one another, in the world. As Bolivia gives primacy to Spanish and India gives primacy to Hindi.
Monogamy
The women's rights movements in these nations want to make monogamy the only legal form of marriage. The United Nations joined these efforts in 1979 when the General Assembly adopted the Convention on the Elimination of All Forms of Discrimination Against Women, an international bill of rights for women that over 180 nations have agreed to implement. Article 16 of the Convention requires nations to give women and men equal rights in marriage. Polygamy is interpreted as inconsistent with Article 16 when it extends the right of multiple spouses to men but not to women. The United Nations has established the Committee on the Elimination of Discrimination against Women (CEDAW) to monitor the progress of nations implementing the Convention. The United Nations is thus working through the Convention and CEDAW to promote women's equality by making monogamy the only legal form of marriage worldwide.
LGBT rights in the Commonwealth of Nations
A report produced in November 2015 by the Human Dignity Trust in association with the Commonwealth Lawyers' Association claims that countries that continue to criminalize same-sex relationships were worsening the impacts of the HIV/AIDS crisis. The report estimates that some 2.9 billion people live in Commonwealth countries where consensual homosexuality is punishable, and approximately 174 million living there may identify as LGBT. It found that: ""There is a direct link between criminalizing laws and increased rates of HIV, and the Commonwealth undeniably demonstrates this link. The Commonwealth accounts for approximately 30% of the world's population but over 60% of HIV cases worldwide. This situation has gotten progressively worse.""
Unified Patent Court
Discussions on a "Protocol to the Agreement on a Unified Patent Court on Provisional Application" were closed in September 2015. The protocol was signed by eight states on 7 October 2015: Denmark, Germany (subject to ratification), Hungary, France, Luxembourg, Slovenia, Sweden and the United Kingdom. Provisional application allows the hiring of judges and moving to the court premises. Provisional application starts when 13 states (including Germany, France and the United Kingdom) have ratified the Unified Patent Court Agreement or when they have indicated to have finished their parliamentary process.
Common law
Well into the 19th century, ancient maxims played a large role in common law adjudication. Many of these maxims had originated in Roman Law, migrated to England before the introduction of Christianity to the British Isles, and were typically stated in Latin even in English decisions. Many examples are familiar in everyday speech even today, "One cannot be a judge in one's own cause" (see Dr. Bonham's Case), rights are reciprocal to obligations, and the like. Judicial decisions and treatises of the 17th and 18th centuries, such at those of Lord Chief Justice Edward Coke, presented the common law as a collection of such maxims.
Civil law (legal system)
Civil law is primarily contrasted with common law, which is the legal system developed first in England, and later among English-speaking peoples of the world. Despite their differences, the two systems are quite similar from a historical point of view. Both evolved in much the same way, though at different paces. The Roman law underlying civil law developed mainly from customary law that was refined with case law and legislation. Canon law further refined court procedure. Similarly, English law developed from Anglo-Saxon customary law, Danelaw and Norman law, further refined by case law and legislation. The differences are