International Law And National Law

1011 WordsNov 3, 20145 Pages
W101: An Introduction to Law Tutor Marked Assessment TMA01 Question 1 (300) Explain the difference between: a. international law and national law Their principal differences are in their scope and their intended subjects. International law governs the relationships that states have with each other and international institutions, whereas national law applies within a nation. International law gains its force from agreements made between states and customs and practices that have been followed by states over time, whereas national law is imposed by state actors. (The Open University, 2014) b. statute law and common law ‘Common law’ as a term can indicate a source of law also called case law, and the system of law which includes it as a source. (Merriam-Webster, Incorporated, 2014). In the sense of common law as a source of law, it can be contrasted with statute law. Common law is a body of law based on court judgements and precedent, whereas statute law originates in formal written acts by a legislature such as Acts of Parliament (The Open University, 2014). In common law systems, judicial decisions interpret previous analogous cases and relate them to the case at hand. Typically where there are conflicts, statute takes precedence over common law as it is the creation of the democratic process rather than judicial decisions and customs. c. public law and private law Public law governs the relationships between private individuals and institutions and the state, whereas private
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