We explain what are the different branches of law according to the classical division, the characteristics of each frog and its subdivisions.
The law is the set of principles and rules governing human societies around the concepts of justice and order, and that States are able to impose coercively. But his study and analysis is also called that. In other words, the law is at the same time the legal order of societies and the discipline that studies them.
It includes a set of categories or subdisciplines, specializing in the different criteria of law enforcement , as well as in the formulation of their principles. These categories are known as the branches of law.
The classification of the right is based on three criteria , which are:
Broadly speaking, however, the classical division between the branches of law is given following the parameters inherited from Roman jurisprudence, one of the most historically important. This means that the right is divided into three branches: public law , private law and social law , each with its particular branches.
It is dedicated to controlling the way in which citizens establish links with the State , either in a personal capacity or as private organizations , or to the organization of the State Public Powers , provided that they act in a legitimate manner and within the framework of what is established in the Constitution (or its equivalent).
This division of law includes the following branches:
The principles of public law may vary from one State to another. However, modern legal doctrine has practically unanimously established two: the principle of legality , that is, submitting the State to compliance with the legal system, and all the principles for the maintenance of the development of the democratic State, that is, that allow the highest possible spiritual and material fulfillment.
Traditionally, the principles of public law are often contrasted with the principles of autonomy of the will and equality of parts of private law .
It is a fundamental principle of public law according to which all exercise of powers must be based on legal norms that determine a competent body and a set of matters that fall under its jurisdiction. For this reason it is said that the principle of legality guarantees legal certainty .
The State and its organs, in their relations with individuals within public law, do not act within a level of equality, but rather within one of inequality, that is, it allows them to create obligations or suppress rights of the individual without the consent of this, derived from the sovereign position or imperium with which it appears clothed, exercising a public power …
It is responsible for the regulation of legal relations between constituted individuals , that is, subjects of law, in the condition of equals, and without the interest of the State. It is divided into three different branches:
Understand and study the laws and regulations that ensure the harmonious coexistence of individuals within a society that is equal before the law, but disparate in terms of socioeconomic classes . To do this, it covers the following branches:
The International Law ( loan translation to Latin ius gentium , law of nations’ ) is a State, consisting of principles and rules legal system through which the relations between the subjects of international law (usually states ) are regulated on the basis of equality.
The term international public law has often been used synonymously since the 19th century , which is also due to the strong influence of the English term public international law .
The most important positive legal sources of international law are the Charter of the United Nations and the general prohibition of violence set out in it , which as customary international law is also binding beyond membership in the United Nations (UN) and prohibits any state from war of aggression .
The supranational legal is considered special feature of international law because it is also organized through the state; However, due to the transfer of sovereignty to intergovernmental institutions, it has some special features that cannot be fully explained by international law.
International law provisions apply to all states, regardless of whether they have consented or not. The relationship between international law and national law can only be answered in conjunction with the respective state legal system . Monism (international law and national law form a uniform order) and dualism (international law and national law are completely separate legal orders) represent two theoretical extremes that are nowhere to be found in their pure form in practice. The diagram below gives an overview of the different approaches.
The question of whether an international law norm is to be observed by the domestic user of law is decided solely on the basis of whether the respective domestic law requires an act of implementation or not. In general, however, it can be said that the domestic application of international law in all legal systems actually presupposes a sufficiently specifically formulated norm that is not only addressed to states. Such norms are referred to as self-executing (according to the correct view, however, this term is to be assigned to the respective national law, not to international law).
In Germany , according to Art. 25 S. 1 of the Basic Law, the general rules of international law are directly binding and take precedence over the laws (→ international law clause ). Article 25 of the Basic Law makes no statement about the relationship between these general rules and the provisions of the Basic Law. Universal international law encompasses the generally applicable legal provisions, not just the legal principles. Implementation in national law is not required. General international law breaks every national law in the federal and state levels , but only takes a rank below (federal) constitutional law .
International treaty law requires transformation, which usually coincides with ratification by the legislative bodies (treaty law according to Article 59 (2) of the Basic Law), whereby it is implemented in domestic law. It then has the rank of federal law.
Parliamentary negotiations were already common in ancient times in order to reduce the consequences of battle and war. The first “international law” agreement can be understood as the prohibition of war at the time of the Olympic Games , which were understood as a panhellenic competition. The friendship and trade agreement between the kings of Ebla and Assur , which was concluded in the middle of the third millennium BC, is the oldest “international law” treaty so far that has been handed down in full .
The conquests of Alexander the Great created a Hellenistic world that created Mediterranean legal bases through artful diplomacy, which were adapted and developed by the Roman Empire and culminated in the Codex Iustinianus .
The Jesuit Francisco Suárez can be seen as a co-founder of international law.
In 1625 Hugo Grotius summarized the rules developed up to then in his work De jure belli ac pacis (“On the law of war and peace”). They were further developed by Samuel von Pufendorf , Christian Wolff and others. Emer de Vattel summarized the state of international law towards the end of the 18th century .
In 1899 and 1907, the Hague Peace Conferences laid down international law and established the Hague Court of Arbitration. The Hague Land Warfare Code became the doctrine of international law for the two world wars of the 20th century.
One of the crucial aspects of modern international law, the prohibition of force, joined by the First World War for a long time so back, that it only after the end of the war for the first time in the Kellogg-Briand Pact ( outlawing war ) was agreed between the States . Previously, international law regarding war was limited to trying to contain atrocities and protect the civilian population. With the League of Nations (founded in 1919) and its successor organization, the United Nations (since 1945), a common international level was created for the first time, which aims to secure a binding international law for all states.
Milestones of ( positive ) international law are:
This traditional periodization of international law has been increasingly in motion since the turn of the last millennium, as not only states but also non-state actors gain in importance and legal pluralistic tendencies intervene.
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