Transcript North Western Airline

Common Law vs. Civil Law
in a Globalized Economy
International Business Law
Summary
- Reminder : Definitions of Common and Civil legal systems
- Main legal systems all over the world
- Common Law : ... to be developed by Carmen...
- Civil Law : A right to respect for the workforce
- A great dilemna in Global Economy
- Emergence of a Pluralistic Law,
combination of Common and Civil systems
- Debate/Conclusion
Common Law
Common Law to be developed by Carmen...
Civil Law
Role of the judges is to read, interpret and apply written Law.
Legal systems over the world
--- Comments ---
Common Law :
to be developed by Carmen...
Common Law to be developed by Carmen...
Civil Law
A right to respect for the workforce
In today's society, business success factors are :
- Sales, Profit, ROI
- Satisfaction of both shareholders and customers
then... - Satisfaction of employees and employment conditions
> Duty of sustainable Social Responsibility needs to be developed...
Civil Law
A right to respect for the workforce
Business culture – Legal aspects in the recruitment process :
- Equal opportunityand Discrimination Laws
- Recognition of qualiification
- References and background checks
- Employment offers and contracts
- Personal data protection
A great dilemna in Global Economy
Time is changing in our globalized world...
> Need to cope with local cultural diversity in terms of :
- Discrimination,
- Security,
- Health,
- ...
not too strict (Directive Code and Constitution)
Civil Law proning Universalism
but, not too flexible (Judge-made situation laws)
Common Law proning Particularism
A great dilemna in Global Economy
Universalism
Apply rules & procedures
universally to ensure
equity & consistency but…
We do not want to
drown in chaos or loose
our sense of central direction
so we must…
The Burden of Proof
Particularism
Encourage flexibility
by adapting to
different situations but…
We do not want to
degenerate into
rigidity & burocracy
so we must…
Pluralistic Law : a combination of
both Common & Civil legal systems
Some interesting stakes :
- Find an advising & compromising legal system
where every situation shall be scoped.
- Be able to anticipate, interpret and update the legal architecture.
> Pluralistic Law :
Code + Jurisprudence making up laws when Code doesn´t specify
(giving for instance a 5 years period between 2 Code updates)
Debate/Conclusion
Debate/Conclusion to be developed by Carmen and Jerome...