National Law

national law

National law, also called domestic law, is the law of a nation (State). It can come from legislation passed by a legislative body, such as the United States Congress or France’s Parliament. It can also come from decisions made by judges, in States with a common law tradition, and this is known as case law. Most Member States publish their laws in their official language(s) and many of these are available via the European N-Lex database. Some laws, particularly those implementing EU directives, are a combination of both legislation and judge made law.

Experience has proved that the free flow of commerce and full production of articles and commodities for sale can best be promoted by providing a system of law which recognizes and protects the legitimate rights of both employers and employees in their relations with each other, by encouraging practices fundamental to the friendly adjustment of industrial disputes which cannot be settled otherwise, and by preventing interference by either in the exercise of the right of self-determination of the other.

Traditionally, national law was separate from international law, but there is an increasing belief that a third category of legal order, sometimes referred to as ‘a-national’ or ‘non-state’ law, is emerging to govern commercial transactions without geographical boundaries. If this is true, it threatens the long established dichotomy between national and international law.

Theme: Overlay by Kaira Extra Text
Cape Town, South Africa