Common law in some areas makes it very easy for foreign individuals to go and study as well as practice law. In other countries such as China or The indian subcontinent it is extremely hard to find legal power as a foreigner. In our day in age there are four legal systems that are used all over the world. They are municipal law, also known as code law, common law, bijurdical/mixed (civil and common law), and Islamic Law. The two biggest legal systems popular today are common law and municipal law. These were both developed around the same time in Europe by different imperial powers. Both legal systems are also extremely important to how countries and businesses operate on a global scale. Both legal systems also have an effect on international commercial arbitrations.
Common law was made by the British during the Old and was applied throughout the colonies that they controlled. An example of this is the United states. Common Law was primarily created to protect the protection law firm in los angeles under the law of feudal land owners and eventual moved to protect capital and the directly to its deposition because merchants made it possible to capture a greater share of the wealth in The united kingdom. To adequately achieve justice a court of equity(chancery court) is used that authorized to apply principles of fairness.
Common law is usually uncodified which means that there is no comprehensive collection of legal rules and some statutes. But common law is often based on precedent which means that cases are based off judicial decisions which have been manufactured in similar cases. The precedents are recorded through documentations collections known as yearbooks or reports. The cases are decided by a jury and a judge is used to determine what the phrase will be.
Municipal law was made in The country and Italy and was later accepted by countries like The japanese and Paris in order to gain economic and political power. Tradition of municipal law comes from Roman law and cannon law which was influenced by Catholic church law.
Municipal law is more codified contrast to common law which is usually uncodified. It has some updated legal codes that they use to determine what matters can be brought up before the court. The punishment has already been determined before the matters appears in court depending on what legal code is involved. The judge’s role in a municipal law case is to determine what are the facts of the case and to pick the case through the framework of the codes.
Municipal law and Common law although different in a number of systems all over the world are beginning move towards norms within the international commercial arbitrations. The fusing of styles has lead municipal law lawyers to say common law is a more owning style. But there have been efforts to accommodate municipal law values in international commercial arbitrations. Examples of this are the IBA Rules on the Taking of Evidence in International Commercial Arbitration and ICSID Arbitration Rules. The IBA rules were published by fifteen lawyers from both legal systems and are blend of common practice. between the two systems.
Countries have different requirements for what foreign lawyers can do in each country. For instance in america it’s easier than you think for everyone in the world to join our legal system. Individuals must pass the new York bar quiz and as well as spend a year getting a master of laws at any university in america. Employing China and South america it’s a lot more difficult to get anything done if you are a foreign firm. Outsiders may offer advice on international law, but they cannot provide almost any legal representation in local courts in those countries; so that it is extremely difficult for foreign firms. The only exemption is Hong, which has allowed outsiders to the take the local bar quiz to be able to provide legal representation. Also if Chinese lawyers take a job with any foreign firm they have to briefly lose the right to practice any form of Chinese law. Then there are countries like The indian subcontinent that are closed to almost any foreign lawyers of any capacity , nor even allow advice on international law. The Bombay High court of The indian subcontinent deemed it illegal for the offices that some outsiders have opened there to exist. The Indian government has said it plans to appeal contrary to the lording it over of the offices but it seems very unlikely.