LibGuides: Guide to International and Foreign Law Research: Legal Systems (2024)

There are generally considered to be five legal systems in the world today: civil law, common law, customary law, religious law, and mixed legal systems.

Civil law systems have their origin in the Roman legal tradition. Civil systems vary widely, both in procedure and substantive law, so conducting research on a particular nation's civil law system should include looking at that nation's specific system of law, but they do have some trademark characteristics. Nations with civil law systems have comprehensive, frequently updated legal codes. Most importantly, case law is a secondary source in these jurisdictions. France and Germany are two examples of countries with a civil law system.

Common law systems, while they often have statutes, rely more on precedent, judicial decisions that have already been made. Common law systems are adversarial, rather than investigatory, with the judge moderating between two opposing parties. The legal system in the United States is a common law system (with the exception of Louisiana, which has a mix of civil and common law).

Customary law systems are based on patterns of behavior (or customs) that have come to be accepted as legal requirements or rules of conduct within a particular country. The laws of customary legal systems are usually unwritten and are often dispensed by elders, passed down through generations. As such, customary law research depends greatly on the use of secondary sources. Oftentimes, customary law practices can be found in mixed legal system jurisdictions, where they've combined with civil or common law.

Religious legal systems are systems where the law emanates from texts or traditions within a given religious tradition. Many Islamic nations have legal systems based in whole or in part on the Quran.

Mixed legal systems refer to legal systems where two or more of the above legal systems work together.

LibGuides: Guide to International and Foreign Law Research: Legal Systems (2024)

FAQs

Why is international law difficult? ›

It is considered to be the prime rule in the international system, which makes it difficult to enforce international law because of international nuances, such as political and economic relationships between states, cultural variations, and the different judicial systems coexisting.

How do you research foreign law? ›

If you do not know where to start, and you do not already have a citation to the foreign law, then start your research with secondary sources: commentaries, treatises, legal encyclopedias, articles. These sources may provide a specific citation to a law (name, date, etc.) so that you can search the library catalog.

How to do international law research? ›

As with all legal research, the best first place to begin your research is generally by finding and reading reliable secondary sources that will familiarize you with the treaties, judicial decisions, custom, and/or general principles you'll seek to locate, read, contextualize, and understand in the second part of your ...

What is the definition of foreign law? ›

Foreign law is the domestic law of a country other than your own. For example, Mexican and Chinese law are foreign law for a U.S. attorney; Chinese and U.S. law are foreign law for a Mexican attorney; and Mexican and U.S. law are foreign law for a Chinese attorney.

Which country has hardest law? ›

Countries With The Strictest Laws
  • United Arab Emirates.
  • Singapore.
  • Saudi Arabia.
  • Iran.
  • North Korea.
  • Russia.
  • Syria.
  • Qatar.
Dec 21, 2023

How hard is it to get into international law? ›

Is it hard to get into international law? Yes, it is generally hard to become an International Lawyer due to its competitive nature, specialized requirements, and the need for advanced education and experience.

How can I work in international law? ›

How to Become an International Lawyer
  • Obtain a Law Degree.
  • Pursue Advanced Studies.
  • Gain Practical Experience.
  • Language Proficiency.
  • Networking and Professional Development.
  • Specialise in Subfields.
  • Stay Informed and Engaged.

What does international law focus on? ›

International law's domain encompasses a wide range of issues of international concern, such as human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, the use of force, and the conduct of war, among others.

How do you start a law research paper? ›

Structuring Your Paper
  1. Introduction (clear statement of your thesis)
  2. Background information (what is the existing law, if any)
  3. The problem (explain why the status quo does't work)
  4. Recommendation for change (what can be done to improve the field and how)
  5. Conclusion (tie back to your thesis)
Aug 1, 2020

What degree do you need for international law? ›

Although a 4-year degree can be applied in a wide variety of careers, you'll need to earn your Juris Doctor (J.D.) and Master of Laws (LL. M.) before you practice international law.

Does Westlaw have international law? ›

Westlaw contains a limited number of resources covering international and comparative law. Cases, Documents, Treaties: U.S. cases dealing with international law issues.

Is International Studies good for law? ›

International studies majors may pursue advanced degrees in law, medicine or business, and a graduate degree may be necessary for employment in higher-level positions.

What is international law in simple terms? ›

International law is a set of rules and principles governing the relations and conduct of sovereign states with each other, as well as with international organizations and individuals.

What is an example of an international law? ›

Two examples of international law are the Geneva Conventions and the Montreal Protocol. Both address different aspects of international law. The Geneva Conventions deal with humanitarian law, primarily how civilians and prisoners of war should be treated during wartime.

What is one common international law system? ›

Some of the most common types of international law are treaties or otherwise formalized agreements. These are voluntary binding agreements between nations aiming to govern the rights and obligations of participating countries. However, not all international law is codified.

What are the issues of international law? ›

International law's domain encompasses a wide range of issues of international concern, such as human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, the use of force, and the conduct of war, among others.

Is international law hard or soft? ›

The concept of soft law is used to distinguish its rules of law (sometimes drawn up unilaterally) from those considered to be the classic rules of international law, known as “hard law.” Hard law is based on rules and regulations developed and adopted with the participation and explicit consent of the States or other ...

Which law is most difficult? ›

What Is the Most Difficult Area of Law?
  • Source. Tax Law. ...
  • Source. Intellectual Property Law. ...
  • Source. Environmental Law. ...
  • Source. Criminal Law. ...
  • Immigration Law. Governs who may enter and stay in a country, including visas, asylum, and deportation. ...
  • Source. Securities Law. ...
  • Source. International Law. ...
  • Healthcare Law.

Is international law easy to enforce? ›

Although international law is not strictly enforceable upon nations or other international actors, treaties and the possibility of economic sanctions work to create heavy incentives for abiding by international law.

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