The 2010 CIA World Factbook. United States. Central Intelligence Agency

The 2010 CIA World Factbook - United States. Central Intelligence Agency


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clear and precise; and precautionary principle - a moral and political principle stating that if an action or policy might cause severe or irreversible harm to the public or to the environment, in the absence of a scientific consensus that harm would not ensue, the burden of proof falls on those who would advocate taking the action. French Law - A type of civil law that is the legal system of France. The French system also serves as the basis for, or is mixed with, other legal systems in approximately 50 countries, notably in North Africa, the Near East, and the French territories and dependencies. French law is primarily codified or systematic written civil law. Prior to the French Revolution (1789–1799), France had no single national legal system. Laws in the northern areas of present-day France were mostly local customs based on privileges and exemptions granted by kings and feudal lords, while in the southern areas Roman law predominated. The introduction of the Napoleonic Civil Code during the reign of Napoleon I in the first decade of the 19th century brought major reforms to the French legal system, many of which remain part of France's current legal structure, though all have been extensively amended or redrafted to address a modern nation. French law distinguishes between "public law" and "private law." Public law relates to government, the French Constitution, public administration, and criminal law. Private law covers issues between private citizens or corporations. The most recent changes to the French legal system - introduced in the 1980s - were the decentralization laws, which transferred authority from centrally appointed government representatives to locally elected representatives of the people. International Law - The law of the international community, or the body of customary rules and treaty rules accepted as legally binding by states in their relations with each other. International law differs from other legal systems in that it primarily concerns sovereign political entities. There are three separate disciplines of international law: public international law, which governs the relationship between provinces and international entities and includes treaty law, law of the sea, international criminal law, and international humanitarian law; private international law, which addresses legal jurisdiction; and supranational law - a legal framework wherein countries are bound by regional agreements in which the laws of the member countries are held inapplicable when in conflict with supranational laws. At present the European Union is the only entity under a supranational legal system. The term "international law" was coined by Jeremy Bentham in 1780 in his Principles of Morals and Legislation, though laws governing relations between states have been recognized from very early times (many centuries B.C.). Modern international law developed alongside the emergence and growth of the European nation-states beginning in the early 16th century. Other factors that influenced the development of international law included the revival of legal studies, the growth of international trade, and the practice of exchanging emissaries and establishing legations. The sources of International law are set out in Article 38–1 of the Statute of the International Court of Justice within the UN Charter. Islamic Law - The most widespread type of religious law, it is the legal system enforced in over 30 countries, particularly in the Near East, but also in Central and South Asia, Africa, and Indonesia. In many countries Islamic law operates in tandem with a civil law system. Islamic law is embodied in the sharia, an Arabic word meaning "the right path." Sharia covers all aspects of public and private life and organizes them into five categories: obligatory, recommended, permitted, disliked, and forbidden. The primary sources of sharia law are the Qur'an, believed by Muslims to be the word of God revealed to the Prophet Muhammad by the angel Gabriel, and the Sunnah, the teachings of the Prophet and his works. In addition to these two primary sources, traditional Sunni Muslims recognize the consensus of Muhammad's companions and Islamic jurists on certain issues, called ijmas, and various forms of reasoning, including analogy by legal scholars, referred to as qiyas. Shia Muslims reject ijmas and qiyas as sources of sharia law. Mixed Law - Also referred to as pluralistic law, mixed law consists of elements of some or all of the other main types of legal systems - civil, common, customary, and religious. The mixed legal systems of a number of countries came about when colonial powers overlaid their own legal systems upon colonized regions but retained elements of the colonies' existing legal systems. Napoleonic Civil Code - A type of civil law, referred to as the Civil Code or Code Civil des Francais, forms part of the legal system of France, and underpins the legal systems of Bolivia, Egypt, Lebanon, Poland, and the US state of Louisiana. The Civil Code was established under Napoleon I, enacted in 1804, and officially designated the Code Napoleon in 1807. This legal system combined the Teutonic civil law tradition of the northern provinces of France with the Roman law tradition of the southern and eastern regions of the country. The Civil Code bears similarities in its arrangement to the Roman Body of Civil Law (see Civil Law above). As enacted in 1804, the Code addressed personal status, property, and the acquisition of property. Codes added over the following six years included civil procedures, commercial law, criminal law and procedures, and a penal code. Religious Law - A legal system which stems from the sacred texts of religious traditions and in most cases professes to cover all aspects of life as a seamless part of devotional obligations to a transcendent, imminent, or deep philosophical reality. Implied as the basis of religious law is the concept of unalterability, because the word of God cannot be amended or legislated against by judges or governments. However, a detailed legal system generally requires human elaboration. The main types of religious law are sharia in Islam, halakha in Judaism, and canon law in some Christian groups. Sharia is the most widespread religious legal system (see Islamic Law), and is the sole system of law for countries including Iran, the Maldives, and Saudi Arabia. No country is fully governed by halakha, but Jewish people may decide to settle disputes through Jewish courts and be bound by their rulings. Canon law is not a divine law as such because it is not found in revelation. It is viewed instead as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. Canon law regulates the internal ordering of the Roman Catholic Church, the Eastern Orthodox Church, and the Anglican Communion. Roman Law - A type of civil law developed in ancient Rome and practiced from the time of the city's founding (traditionally 753 B.C.) until the fall of the Western Empire in the 5th century A.D. Roman law remained the legal system of the Byzantine (Eastern Empire) until the fall of Constantinople in 1453. Preserved fragments of the first legal text, known as the Law of the Twelve Tables, dating from the 5th century B.C., contained specific provisions designed to change the prevailing customary law. Early Roman law was drawn from custom and statutes; later, during the time of the empire, emperors asserted their authority as the ultimate source of law. The basis for Roman laws was the idea that the exact form - not the intention - of words or of actions produced legal consequences. It was only in the late 6th century A.D. that a comprehensive Roman code of laws was published (see Civil Law above). Roman law served as the basis of law systems developed in a number of continental European countries. Roman-Dutch Law - A type of civil law based on Roman law as applied in the Netherlands. Roman-Dutch law serves as the basis for legal systems in seven African countries, as well as Guyana, Indonesia, and Sri Lanka. This law system, which originated in the province of Holland and expanded throughout the Netherlands (to be replaced by the French Civil Code in 1809), was instituted in a number of sub-Saharan African countries during the Dutch colonial period. The Dutch jurist/philosopher Hugo Grotius was the first to attempt to reduce Roman-Dutch civil law into a system in his Jurisprudence of Holland (written 1619–20, commentary published 1621). The Dutch historian/lawyer Simon van Leeuwen coined the term "Roman-Dutch law" in 1652. Spanish Law - A type of civil law, often referred to as the Spanish Civil Code, it is the present legal system of Spain and is the basis of legal systems in 12 countries mostly in Central and South America, but also in southwestern Europe, northern and western Africa, and southeastern Asia. The Spanish Civil Code reflects a complex mixture of customary, Roman, Napoleonic, local, and modern codified law. The laws of the Visigoth invaders of Spain in the 5th to 7th centuries had the earliest major influence on Spanish legal system development. The Christian Reconquest of Spain in the 11th through 15th centuries witnessed the development of customary law, which combined canon (religious) and Roman law. During several centuries of Hapsburg and Bourbon rule, systematic recompilations of the existing national legal system were attempted, but these often conflicted with local and regional customary civil laws. Legal system development for most of the 19th century concentrated on formulating a national civil law system, which was finally enacted in 1889 as the Spanish Civil Code. Several sections of the code have been revised, the most recent of which are the penal code in 1989 and the judiciary code in 2001. The Spanish Civil Code separates public and private law. Public law includes constitutional law, administrative
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