Chapter Ten
Classification of law
Dr Khalil Hussein
Professor at Lebanese University
Director of studies at Lebanese Parliament
Though all legal systems deal usually with the same or similar issues, different countries often categorise and name legal subjects in different ways. Quite common is the distinction between "public law" subjects, which relate closely to the state (including constitutional, administrative and criminal law), and "private law" subjects (including contract, tort, property).[1] In civil law systems, contract and tort fall under a general law of obligations and trusts law is dealt with under statutory regimes or international conventions. International, constitutional and administrative law, criminal law, contract, tort, property law and trusts are regarded as the "traditional core subjects",[2] although there are many further disciplines which might be of greater practical importance.
Public international law
Public international law concerns the structure and conduct of states and international organizations. To a lesser degree, international law also affects multinational corporations and individuals, an impact increasingly evolving beyond domestic legal interpretation and enforcement. Public international law has increased in use and importance vastly over the twentieth century, due mainly to the increase in global trade, armed conflict, environmental deterioration on a worldwide scale, human rights violations, rapid and vast increases in international transportation and a boom in global communications.
Public international law is sometimes called the "law of nations". It should not be confused with "private international law", which is concerned with the resolution of conflict of laws. In its most general sense, international law "consists of rules and principles of general application dealing with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical."[3]
The scope of public international law
Public international law establishes the framework and the criteria for identifying states as the principal actors in the international legal system. As the existence of a state presupposes control and jurisdiction over territory, international law deals with the acquisition of territory, state immunity and the legal responsibility of states in their conduct with each other. International law is similarly concerned with the treatment of individuals within state boundaries. There is thus a comprehensive regime dealing with group rights, the treatment of aliens, the rights of refugees, international crimes, nationality problems, and human rights generally. It further includes the important functions of the maintenance of international peace and security, arms control, the pacific settlement of disputes and the regulation of the use of force in international relations. Even when the law is not able to stop the outbreak of war, it has developed principles to govern the conduct of hostilities and the treatment of prisoners. International law is also used to govern issues relating to the global environment, the global commons such as international waters and outer space, global communications, and world trade.
Whilst municipal law is hierarchical or vertical in its structure (meaning that a legislature enacts binding legislation), international law is horizontal in nature. This means that all states are sovereign and theoretically equal. As a result of the notion of sovereignty, the value and authority of international law is dependent upon the voluntary participation of states in its formulation, observance, and enforcement. Although there may be exceptions, it is thought by many international academics that most states enter into legal commitments with other states out of enlightened self-interest rather than adherence to a body of law that is higher than their own. As D. W. Greig notes, "international law cannot exist in isolation from the political factors operating in the sphere of international relations".[4]
Breaches of international law raise difficult questions for lawyers. Since international law has no established compulsory judicial system for the settlement of disputes or a coercive penal system, it is not as straightforward as managing breaches within a domestic legal system. However, there are means by which breaches are brought to the attention of the international community and some means for resolution. For example, there are judicial or quasi-judicial tribunals in international law in certain areas such as trade and human rights. The formation of the United Nations, for example, created a means for the world community to enforce international law upon members that violate its charter through the Security Council.
Traditionally, states and the Holy See were the sole subjects of international law. With the proliferation of international organizations over the last century, they have in some cases been recognized as relevant parties as well. Recent interpretations of international human rights law, international humanitarian law, and international trade law (e.g., North American Free Trade Agreement (NAFTA Chapter 11 actions) have been inclusive of corporations, and even of certain individuals.[5]
Fundamental conflicts
The 17th , 18th and 19th centuries saw the growth of the concept of a "nation-state", which comprised nations controlled by a centralized system of government. The concept of nationalism became increasingly important as people began to see themselves as citizens of a particular nation with a distinct national identity. Until the beginning of the 20th century, relations between nation-states were dictated by Treaty, unenforceable agreements to behave in a certain way towards another state. Many people now view the nation-state as the primary unit of international affairs. States may choose to voluntarily enter into commitments under international law, but they will often follow their own counsel when it comes to interpretation of their commitments. As the 20th century progressed, a number of violent armed conflicts, including World War I and World War II, exposed the weaknesses of a voluntary system of international treaties. In an attempt to create a stronger system of laws to prevent future conflicts, a vehicle for the application of international law was found in the creation of the United Nations, an international law making body, and new international criminal laws were applied at the Nuremberg trials. Over the past fifty years, more international laws and law making bodies have been created.
Many people feel that these modern developments endanger nation states by taking power away from state governments and ceding it to international bodies such as the U.N. and the World Bank. Some scholars and political leaders have recently argued that international law has evolved to a point where it exists separately from the mere consent of states. There is a growing trend toward judging a state's domestic actions in the light of international law and standards.
A number of states, notably the United States (but also China, Russia and India), vehemently oppose this interpretation, maintaining that sovereignty is the only true international law and that states have free rein over their own affairs. Similarly, a number of scholars now discern a legislative and judicial process to international law that parallels such processes within domestic law. Opponents to this point of view maintain that states only commit to international law with express consent and have the right to make their own interpretations of its meaning; and that international courts only function with the consent of states. Because international law is a relatively new area of law its development is uncertain and its relevance and propriety is hotly disputed.
Sources
Public international law has three primary sources: international treaties, custom, and general principles of law[6]. International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties. Customary international law is derived from the consistent practice of States accompanied by opinio juris, i.e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally been looked to as persuasive sources for custom in addition to direct evidence of state behavior (and they are also explicitly mentioned as such in Art. 38 of the Statute of the International Court of Justice). Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission (ILC), under the aegis of the United Nations. Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms (jus cogens) as to include all states with no permissible derogations.
Branches of public international law
· International criminal law
· The law pertaining to use of force
· International human rights law
· International Humanitarian Law
· Law of the sea
· Diplomatic law
· Consular law
· Law of State Responsibility
· International Environmental Law
· International trade law
· International Space Law
· International Aviation law
Constitutional law
Constitutional law is the study of foundational or basic laws of nation states and other political organizations. Constitutions are the framework for government and may limit or define the authority and procedure of political bodies to execute new laws and regulations.
Types of constitution
Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge made law or international rules and norms. A common error is to refer to countries, for instance, the United Kingdom, as having an "unwritten constitution". In fact, the "constitution" is written in a vast body of books, statutes and law reports. Just, it may not be codified into a single document, such as the Grundgesetz or the U.S. Constitution. On the other hand, some communities may lack any constitution at all, because of the complete absence of law and order. These are referred to as failed nation states[7].
Functions of constitutions
Constitutional laws may often be considered second order rulemaking or rules about making rules of exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a unitary state, the constitution will vest ultimate authority in one central administration and legislature, and judiciary, though there is often a delegation of power or authority to local or municipal authorities. When a constitution establishes a federal state, it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement[8].
Human rights
Human rights or civil liberties form a crucial part of a country's constitution and govern the rights of the individual against the state. Most jurisdictions, like the United States and France, have a single codified constitution, with a Bill of Rights. A recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter. These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide its citizens with.
Some countries like the United Kingdom, have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute, case law and convention. A case named Entick v. Carrington[1] illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that,
"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."
Inspired by John Locke, the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law, while the state may do nothing but that which is authorised by law.
Legislative procedure
Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution. In bi-cameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election.
Administrative law
Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies world-wide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction.[9]
Criminal law
Criminal law is the body of law that defines criminal offences and the penalties for convicted offenders. Apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure. In every jurisdiction, a crime is committed where two elements are fulfilled. First, the criminal must have the requisite malicious intent to do a criminal act, or mens rea (guilty mind)[10]. Second, he must commit the criminal act, or actus reus (guilty act). Examples of different kinds of crime include murder, assault, fraud or theft. In exceptional circumstances, defences can exist to some crimes, such as killing in self defence, or pleading insanity. Another example is in the 19th century English case of R v. Dudley and Stephens, which tested a defence of "necessity". The Mignotte, sailing from Southampton to Sydney, sank. Three crew members and a cabin boy were stranded on a raft. They were starving and the cabin boy close to death. Driven to extreme hunger, the crew killed and ate the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge, expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." The men were sentenced to hang, but public opinion, especially among seafarers, was outraged and overwhelmingly supportive of the crew's right to preserve their own lives. In the end, the Crown commuted their sentences to six months[11].
Criminal law offences are viewed as offences against not just individual victims, but the community as well. The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "The People v. …" or "R. (for Rex or Regina) v. …" Also, lay juries are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still have capital punishment and corporal punishment for criminal activity, but the normal punishment for a crime will be imprisonment, fines, state supervision (such as probation), or community service. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation. On the international field, 104 countries have signed the enabling treaty for the International Criminal Court, which was established to try people for crimes against humanity[12].
Tort law
Torts, sometimes called delicts, are civil wrongs. To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be accidentally hitting someone with a cricket ball. Under negligence law, the most common form of tort, the injured party can make a claim against the party responsible for the injury. The principles of negligence are illustrated by Donoghue v. Stevenson. Mrs Donoghue ordered an opaque bottle of ginger beer in a café in Paisley. Having consumed half of it, she poured the remainder into a tumbler. The decomposing remains of a dead snail floated out. She fell ill and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs Donoghue's illness. Lord Atkin took a distinctly moral approach, and said,
" The liability for negligence… is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay… The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour."[13]
This became the basis for the four principles of negligence; (1) Mr Stevenson owed Mrs Donoghue a duty of care to provide safe drinks (2) he breached his duty of care (3) the harm would not have occurred but for his breach and (4) his act was the proximate cause, or not too remote a consequence, of her harm Another example of tort might be a neighbour making excessively loud noises with machinery on his property.[28] Under a nuisance claim the noise could be stopped. Torts can also involve intentional acts, such as assault, battery or trespass. A better known tort is defamation, which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation. More infamous are economic torts, which form the basis of labour law in some countries by making trade unions liable for strikes,[30] when statute does not provide immunity.
Private International Law
International Law, Private, that part of the law of a country that applies to cases involving foreign law.
Concerns
Private international law is concerned with various matters that are handled by a court of law in the following order. (1) The court must first decide whether or not it has jurisdiction in a case involving foreign elements—for example, a case that involves a contract made or fulfilled abroad or a case in which judicial determination has already been made in another country. (2) Once the court has assumed jurisdiction, it must decide whether to apply the laws of its own country or that of the foreign country involved. (3) The court must determine the circumstances under which decisions of a foreign court are to be upheld. (4) The court must determine the validity of contracts, testaments, marriages, divorces, adoptions, and acts other than court decisions made in foreign countries in accord with the laws of those countries[14].
These determinations are made by a court under statutes enacted by the national legislature of the country in which it is situated. Such statutes comprise an integral part of the law of that country. To the extent, however, that these statutes provide for the enforcement of the laws of foreign countries, they are part of international law—hence the designation “private international law.” To the extent the statutes relate to the determination of conflicting laws based on diverse national origins, they are said to relate to the conflict of law.
Recognition of judgments
In general international practice, whenever the recognition of foreign laws or of foreign legal acts is specifically prohibited by statute or would result in unconscionable injury or contravene the public policy of a nation, the courts of that country do not grant such recognition. For example, U.S. courts refused to recognize decrees issued by the National Socialist government of Germany just prior to World War II by which American-owned private property was confiscated and matured obligations of German companies held by U.S. citizens were repudiated.
The judgments of duly constituted courts are usually recognized and enforced in a foreign country, subject only to scrutiny as to irregularity, fraud, or lack of jurisdiction. According to Article IV of the U.S. Constitution, each state must give full force and effect to the actions of all the other states. In contrast, no state of the U.S. is compelled to recognize specific foreign decrees unless they are covered by treaties of the U.S. Foreign judgments of divorce will generally be accepted if one of the parties was residing in the country in which the decree was granted. Certain U.S. courts also accept a foreign divorce, even if neither party was residing in that country, but both parties submitted to the jurisdiction of the foreign court and were duly granted the divorce in accordance with its laws.
Property law
Property law governs everything that people call 'theirs'. Real property, sometimes called 'real estate' refers to ownership of land and things attached to it. Personal property, refers to everything else; movable objects, such as computers and sandwiches, or intangible rights, such as stocks and shares. A right 'in rem' is a right to a specific piece of property. If an individual loses his computer and another finds it and it changes hands, a right in rem gives the individual the ability to take the computer from whoever has it. A right 'in personam' however is a right against one specific individual for something equivalent to the property in question. If an individual loses his computer and it passes hands, the right in personam allows the individual to claim the price of the computer from the thief (but not the actual computer, as this might now belong to someone else.) The classic civil law approach to property, propounded by Friedrich Carl von Savigny, is that it is a right good against the world. This contrasts to an obligation, like a contract or tort, which is a right good between individuals. Preferred in common law jurisdictions is an idea closer to an obligation; that the person who can show the best claim to a piece of property, against any contesting party, is the owner. The idea of property raises important philosophical and political issues. John Locke famously argued that our "lives, liberties and estates" are our property because we own our bodies and mix our labour with our surroundings. The idea of privately owned property is still contentious. French philosopher Pierre Proudhon once famously wrote, "property is theft".
Land law forms the basis for most kinds of property law, and is the most complex. It concerns mortgages, rental agreements, licences, covenants, easements and the statutory systems for registration of land. Regulations on the use of personal property fall under intellectual property, company law, trusts and commercial law.
Trusts and equity
Equity is a body of rules that developed in England separately from the "common law"[15]. The common law was administered by judges, whilst the Lord Chancellor, as the King's keeper of conscience, could overrule the judge made law if he thought it equitable to do so This meant equity came to operate more through principles than rigid rules. For instance, whereas neither the common law nor civil law systems allow people to split the ownership from the control of one piece of property, equity allows this through an arrangement known as a 'trust'. 'Trustees' control property, whereas the 'beneficial' (or 'equitable') ownership of trust property is held by people known as 'beneficiaries'. Trustees owe duties to their beneficiaries to take good care of the trust In the early case of Keech v. Sandford a child had inherited the lease on a market in Romford, London. Mr Sandford was entrusted to look after this property until the child matured. But before then, the lease expired. The landlord had (apparently) told Mr Sandford that he did not want the child to have the renewed lease. Yet the landlord was happy (apparently) to give Mr Sandford the opportunity of the lease instead. Mr Sandford took it. When the child (now Mr Keech) grew up, he sued Mr Sandford for the profit that he had been making by getting the market's lease. Mr Sandford was meant to be trusted, but he put himself in a position of conflict of interest. The Lord Chancellor, Lord King, agreed and ordered Mr Sandford should disgorge his profits. He wrote,
" I very well see, if a trustee, on the refusal to renew, might have a lease to himself few trust-estates would be renewed… This may seem very hard, that the trustee is the only person of all mankind who might not have the lease; but it is very proper that the rule should be strictly pursued and not at all relaxed."
Of course, Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a stock market crash. Strict duties for trustees made their way into company law and were applied to directors and chief executive officers. Another example of a trustee's duty might be to invest property wisely or sell , This is especially the case for pension funds, the most important form of trust, where investors are trustees for people's savings until retirement. But trusts can also be set up for charitable purposes, famous examples being the British Museum or the Rockefeller Foundation.
Further disciplines
Law spreads far beyond the core subjects into virtually every area of life. Three categories are presented for convenience, though the subjects intertwine and flow into one another.
Law and society
- Labour law[16] is the study of a tripartite industrial relationship between worker, employer and trade union. This involves collective bargaining regulation, and the right to strike. Individual employment law refers to workplace rights, such as health and safety or a minimum wage.
- Human rights and human rights law[17] are important fields to guarantee everyone basic freedoms and entitlements. These are laid down in codes such as the Universal Declaration of Human Rights, the European Convention on Human Rights and the U.S. Bill of Rights.
- Civil procedure[18] and criminal procedure[19] concern the rules that courts must follow as a trial and appeals proceed. Both concern everybody's right to a fair trial or hearing.
- Evidence law[20] involves which materials are admissible in courts for a case to be built.
- Immigration law[21] and nationality law concern the rights of foreigners to live and work in a nation-state that is not their own and to acquire or lose citizenship. Both also involve the right of asylum and the problem of stateless individuals.
- Social security law[22] refers to the rights people have to social insurance, such as jobseekers' allowances or housing benefits.
- Family law[23] covers marriage and divorce proceedings, the rights of children and of course the rights to property and money in the event of separation.
Law and commerce
- Commercial law[24] covers complex contract and property law. The law of agency, insurance law, bills of exchange, insolvency and bankruptcy law and sales law are all important, and trace back to the mediæval Lex Mercatoria. The UK Sale of Goods Acts and the U.S. Uniform Commercial Code are examples of codified common law commercial principles.
- Company law[25] sprung from the law of trusts, on the principle of separating ownership of property and control.[42] The law of the modern company began with the Joint Stock Companies Act, passed in the United Kingdom in 1865, which protected investors with limited liability and conferred separate legal personality.
- Intellectual property[26] deals with patents, trademarks and copyrights. These are intangible assets: the right to protect your invention from imitation, your brand name from appropriation, or a song you wrote from performance and plagiarism.
- Restitution[27] deals with the recovery of someone else's gain, rather than compensation for one's own loss.
- Unjust enrichment[28] is law covering a right to retrieve property from someone that has profited unjustly at another's expense.
Law and regulation
- Tax law[29] involves regulations that concern value added tax, corporate tax, income tax.
- Banking law[30] and financial regulation set minimum standards on the amounts of capital banks must hold, and rules about best practice for investment. This is to insure against the risk of economic crises, such as the Wall Street Crash of 1929.
- Regulated industries[31] are attached to an important body of law, for instance water law, for the provision of public services. Especially since privatisation became popular, private companies doing the jobs previously controlled by government have been bound by social responsibilities. Energy, gas telecomms and water are regulated industries in most OECD countries.
- Competition law[32], known in the U.S. as antitrust law, is an evolving field that traces as far back as Roman decrees against price fixing and the English restraint of trade doctrine. Modern competition law derives from the U.S. anti-cartel and anti-monopoly statutes (the Sherman Act and Clayton Act) of the turn of the 20th century. It is used to control businesses who attempt to use their economic influence to distort market prices at the expense of consumer welfare.
- Consumer law could include anything from regulations on unfair contractual terms and clauses to directives on airline baggage insurance.
- Environmental law[33] is increasingly important, especially in light of the Kyoto Protocol and the imminent danger of climate change. Environmental protection also serves to penalise polluters within domestic legal systems.
[1] Although some scholars argue that "the boundaries between public and private law are becoming blurres," and that this distinction has become mere "folklore" (Bergkamp, Liability and Environment, 1–2).
[2] e.g. in England these seven subjects, except with EU law instead of international law, are required knowledge for legal practice. Outside the EU, students may focus on other regional organisations, such as NAFTA, SAFTA, CSN, ASEAN or the African Union.
[3] For more details about the subjects of international public law,Khalil hussein,International & Regional organizations,Dar lmanhal aloubnanee,2006,ch 1.
[4] Greig, D, International Law, 2nd ed (Butterworths: London, 1976),p 27..
[5] Khalil Hussein, International & Regional Organizations ,Dar Al Manhal Al loubnanee,Beirut,2006.ch 21.
[6] cf. Art. 38 of the Statute of the International Court of Justice.And see by Malcolm D. Evans, International Law.
[7] Erwin Chemerinsky, Constitutional Law, Aspen Publishers,2006.
[8] See Henc Van Maarseveen, Ger “van der” Tang, Written Constitutions: A Computerized Comparative Study, BRILL,2002,p272.
[9] Michael Head, Administrative Law, The Federation Press, 2005,p35
[10] See David C. Brody, James R. Acker, Wayne A. Logan, Criminal Law, Jones & Bartlett Publishers,ch 2 & 3.
[11] James Fitzjames Stephen, A History of the Criminal Law of England, Routledge – 1996,p69.
[12] Joel Samaha, Criminal Law, Wadsworth , 2004,p65.
[13] Campbell McLachlan, Peter Edward Nygh, Transnational Tort Litigation: Jurisdictional Principles, Routledge,2001,p267.
[14] See P Sarcevic, Private International Law, Sellier. European Law , 2004,p21.
[15] For more details see eoffrey Gilbert, Cases in Law and Equity: Argued, Debated and Adjudged in the King's Bench, British Library.
[16]SEE Hugh Collins, K. D. Ewing, Aileen McColgan, Labour Law: Text and Materials, Hart Publishing – 2005.
[17] Nihal Jayawickrama, The Judicial Application of Human Rights Law, Cambridge University Press,2004.
[18] Joseph W. Glannon, Civil Procedure: Examples & Explanations ,5th edition 2006.
[19]Lester B. Orfield, Criminal Procedure From Arrest To Appeal, Imprint unknown – 1972.
[20] Sir Geoffrey] [Gilbert, The Law of Evidence, Imprint unknown – 1979.
[21]Austin T. Fragomen, Steven C. Bell, Immigration Fundamentals: A Guide to Law and Practice, Practising Law Institute – 1996.
[22]Frans Pennings و Introduction to European Social Security Law, Intersentia Publishers; 4Rev Ed edition 2003.
[23] Frances Burton, Family Law, Blackstone Press – 1998.
[24] Robert Bradgate Commercial Law, LexisNexis UK; 3Rev Ed edition ,2000.
[25] Stephen Griffin ,Company Law:Fundamental Principles, Pearson Education Company ,4th Edition,2005.
[26] Gordon V. Smith, Russell L. Parr, Intellectual Property: Valuation, Exploitation, and Infringement Damages, John Wiley & Sons Inc – 2006.
[27] Charles F. Abel, Frank H. Marsh, Punishment and Restitution: A Restitutionary Approach to Crime and the Criminal, Greenwood Press,2004.
[28]Jason W. Neyers, Stephen G. A. Pitel, Mitchell McInnes, Understanding Unjust Enrichment, Hart Publishing,2003.
[29] Practising Law Institute, Louis S. Freeman ,Tax Strategies for Corporate Acquisitions, Dispositions, Practising Law Institute – 2004.
[30] Ross Cranston,Principles of Banking Law, Oxford University Press; Ed edition, 2002.
[31] Carl H. Fulda,Competition in the Regulated Industries, Transportation: Transportation, University of Michigan,2001,
[32] Anselm Kamperman Sanders, Unfair Competition Law: The Protection of Intellectual and Industrial Creativity, Oxford University Press.
[33] Michael G. Faure, Nicole Niessen ,Environmental Law in Development, Edward Elgar Publishing,2005.