Summary International law and business

ISBN-13 9789001871574
279 Flashcards & Notes
6 Students
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This is the summary of the book "International law and business". The author(s) of the book is/are Wernaart, Mr Dr B F W. The ISBN of the book is 9789001871574. This summary is written by students who study efficient with the Study Tool of Study Smart With Chris.

Summary - International law and business

  • 1.1 The organisation of just behaviour

  • Law
    Law organises just behaviour in a society in order to regulate what is just and avoid chaos.
  • What are the 3 basic values of 'just'?
    - Justice
    - Opportunes
    - Legal certainty
  • There are three elements of the word just; which are justice, opportunes and legal certainty
  • Law organises just behaviour by applying two different rules: rules on content (substantive law) and rules to maintain this content (formal law). They are the 'rules of the game' that people are required to obey.
  • By what 2 different rules does law organise just behavior?
    Law organises just behaviour by applying two different rules: rules on content (substantive law) and rules to maintain this content (formal law). They are the 'rules of the game' that people are required to obey.
  • 1.1.1 Substantive and formal law

  • Substantive law
    Substantive law is composed of legal rules that define the content of just behaviour.
  • There will always be people that will challenge the substantive law,  therefore, a legislator will need to adopt different kinds of rules next to the substantive rules: formal rules.
  • Formal law
    Formal is composed of legal rules that maintain substantive law.
  • 1.1.2 Public and private law

  • Substantive and formal law are applied on the two particular relations within the societies: the relation between the government and its citizens, and the relation between citizens.
  • Public law
    Public law is the law that regulates the relation between a government and its citizens.
  • Public substantive law is adopted for the benefit not society in general, and acts when one misbehaves, for the sake of society. 

    In the second place, there are formal rules that regulate the legal procedures that need to be taken into account when a citizen misbehaves. In order to do so, formal procedures needs to be followed, and evidence should be displayed. 
  • Public formal law
    A stat is not unlimitedly competent in punishing a citizen; formal procedures need to be followed and evidence should e of a particular quality before a state may interfere
  • Private law
    Private law is the law that regulates the relation between citizen or those who act as citizens.
  • Public substantive law:
    The state adopts the substantive law for the benefits of society in general, and acts when one misbehaves, for the sake of society
  • Private substantive law is needed to regulate the relation between the quarrelling parties to solve the issues. 

    And also private formal law is needed to maintain the law that are necessary.
  • Private substantive law
    Regulating the relation between individuals to solve certain issues
  • And also private formal law is needed to maintain the law that are necessary.
  • Private formal law
    Legal standards that regulate the proceedings when one individual seeks legal remedies agains the other in court.
  • 1.2.1 Justice

  • Justice
    Justice is the moral conviction of a given society expressed in law.
  • Justice
    The moral conviction of a given society expressed in law 

    - a moral conviction is not always shared with all the citizens of that particular society 
    - law does not always express a moral conviction, sometimes law is a tool to effectively regulate something in society that needs to be done or to establish clarity on someones legal postion beforehand 
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What does free movement of capital mean?

In a true free economy, the financing of economic activity is not restricted to country borders. For this reason, Article 63 TFEU prohibits restrictions on the free movement of capital and payments.  
What does regulation mean?

 legislation that applies within the European Union without the interference of national parliaments. 
Name 2 of the legislation of the harmonizational law.

  • Primary legislation are the treaties that are signed and ratified by the EU Member States. 
  • Secondary legislation are the laws produced by the European legislature, based on and authorized by the primary legislation.  Article 288 TFEU
What does recommendations and opinions mean?

a recommendation or opinion on how something should be done or understood. 
What does decision mean?

legislation that only applies to an individual case. 
What does directive mean?

 legislation in which a certain goal or principle is adopted that should be implemented by the EU Member States the way they see fit. 
What is article 56 TFEU about?

 it stipulates the freedom to provide and receive services in the EU. 
What is the difference between the freedom establishment and free movement of services?

 is that in the case of the first, a service provider crosses the border and establishes himself on a more permanent basis in the other country.  
What does article 49 recognize?

Article 49 recognizes the freedom of establishment. This right has two main components: the right to have access to self- employment in the host country, and the right to effectively exercise this right once established in the host country.  
What does the free movement of workers mean?

one crucial element of the free movement of workers is the free movement of persons, as described above. Next to that, Article 45 TFEU stipulates that