Legal system (2001)

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Informations about Legal system in 2001 year

	Afghanistan	a new legal system has not been adopted but all factions tacitly agree they will follow Shari'a (Islamic law)
	Albania	has not accepted compulsory ICJ jurisdiction
	Algeria	socialist, based on French and Islamic law; judicial review of legislative acts in ad hoc Constitutional Council composed of various public officials, including several Supreme Court justices; has not accepted compulsory ICJ jurisdiction
	American Samoa	NA
	Andorra	based on French and Spanish civil codes; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
	Angola	based on Portuguese civil law system and customary law; recently modified to accommodate political pluralism and increased use of free markets
	Anguilla	based on English common law
	Antarctica	Antarctica is administered through meetings of the consultative member nations. Decisions from these meetings are carried out by these member nations (within their areas) in accordance with their own national laws. US law, including certain criminal offenses by or against US nationals, such as murder, may apply extra-territorially. Some US laws directly apply to Antarctica. For example, the Antarctic Conservation Act, 16 U.S.C. section 2401 et seq., provides civil and criminal penalties for the following activities, unless authorized by regulation of statute: the taking of native mammals or birds; the introduction of nonindigenous plants and animals; entry into specially protected areas; the discharge or disposal of pollutants; and the importation into the US of certain items from Antarctica. Violation of the Antarctic Conservation Act carries penalties of up to $10,000 in fines and one year in prison. The National Science Foundation and Department of Justice share enforcement responsibilities. Public Law 95-541, the US Antarctic Conservation Act of 1978, as amended in 1996, requires expeditions from the US to Antarctica to notify, in advance, the Office of Oceans and Polar Affairs, Room 5801, Department of State, Washington, DC 20520, which reports such plans to other nations as required by the Antarctic Treaty. For more information, contact Permit Office, Office of Polar Programs, National Science Foundation, Arlington, Virginia 22230; telephone: (703) 292-8030, or see their website at www.nsf.gov.
	Antigua and Barbuda	based on English common law
	Argentina	mixture of US and West European legal systems; has not accepted compulsory ICJ jurisdiction
	Armenia	based on civil law system
	Aruba	based on Dutch civil law system, with some English common law influence
	Ashmore and Cartier Islands	the laws of the Northern Territory of Australia, where applicable, apply
	Australia	based on English common law; accepts compulsory ICJ jurisdiction, with reservations
	Austria	civil law system with Roman law origin; judicial review of legislative acts by the Constitutional Court; separate administrative and civil/penal supreme courts; has not accepted compulsory ICJ jurisdiction
	Azerbaijan	based on civil law system
	Bahamas, The	based on English common law
	Bahrain	based on Islamic law and English common law
	Baker Island	the laws of the US, where applicable, apply
	Bangladesh	based on English common law
	Barbados	English common law; no judicial review of legislative acts
	Bassas da India	the laws of France, where applicable, apply
	Belarus	based on civil law system
	Belgium	civil law system influenced by English constitutional theory; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
	Belize	English law
	Benin	based on French civil law and customary law; has not accepted compulsory ICJ jurisdiction
	Bermuda	English law
	Bhutan	based on Indian law and English common law; has not accepted compulsory ICJ jurisdiction
	Bolivia	based on Spanish law and Napoleonic Code; has not accepted compulsory ICJ jurisdiction
	Bosnia and Herzegovina	based on civil law system
	Botswana	based on Roman-Dutch law and local customary law; judicial review limited to matters of interpretation; has not accepted compulsory ICJ jurisdiction
	Bouvet Island	the laws of Norway, where applicable, apply
	Brazil	based on Roman codes; has not accepted compulsory ICJ jurisdiction
	British Indian Ocean Territory	the laws of the UK, where applicable, apply
	British Virgin Islands	English law
	Brunei	based on English common law; for Muslims, Islamic Shari'a law supersedes civil law in a number of areas
	Bulgaria	civil law and criminal law based on Roman law; accepts compulsory ICJ jurisdiction
	Burkina Faso	based on French civil law system and customary law
	Burma	has not accepted compulsory ICJ jurisdiction
	Burundi	based on German and Belgian civil codes and customary law; has not accepted compulsory ICJ jurisdiction
	Cambodia	primarily a civil law mixture of French-influenced codes from the United Nations Transitional Authority in Cambodia (UNTAC) period, royal decrees, and acts of the legislature, with influences of customary law and remnants of communist legal theory; increasing influence of common law in recent years
	Cameroon	based on French civil law system, with common law influence; has not accepted compulsory ICJ jurisdiction
	Canada	based on English common law, except in Quebec, where civil law system based on French law prevails; accepts compulsory ICJ jurisdiction, with reservations
	Cape Verde	derived from the legal system of Portugal
	Cayman Islands	British common law and local statutes
	Central African Republic	based on French law
	Chad	based on French civil law system and Chadian customary law; has not accepted compulsory ICJ jurisdiction
	Chile	based on Code of 1857 derived from Spanish law and subsequent codes influenced by French and Austrian law; judicial review of legislative acts in the Supreme Court; has not accepted compulsory ICJ jurisdiction
	China	a complex amalgam of custom and statute, largely criminal law; rudimentary civil code in effect since 1 January 1987; new legal codes in effect since 1 January 1980; continuing efforts are being made to improve civil, administrative, criminal, and commercial law
	Christmas Island	under the authority of the governor general of Australia and Australian law
	Clipperton Island	the laws of France, where applicable, apply
	Cocos (Keeling) Islands	based upon the laws of Australia and local laws
	Colombia	based on Spanish law; a new criminal code modeled after US procedures was enacted in 1992-93; judicial review of executive and legislative acts; accepts compulsory ICJ jurisdiction, with reservations
	Comoros	French and Muslim law in a new consolidated code
	Congo, Democratic Republic of the	based on Belgian civil law system and tribal law; has not accepted compulsory ICJ jurisdiction
	Congo, Republic of the	based on French civil law system and customary law
	Cook Islands	based on New Zealand law and English common law
	Coral Sea Islands	the laws of Australia, where applicable, apply
	Costa Rica	based on Spanish civil law system; judicial review of legislative acts in the Supreme Court; has accepted compulsory ICJ jurisdiction
	Cote d'Ivoire	based on French civil law system and customary law; judicial review in the Constitutional Chamber of the Supreme Court; has not accepted compulsory ICJ jurisdiction
	Croatia	based on civil law system
	Cuba	based on Spanish and American law, with large elements of Communist legal theory; has not accepted compulsory ICJ jurisdiction
	Cyprus	based on common law, with civil law modifications
	Czech Republic	civil law system based on Austro-Hungarian codes; has not accepted compulsory ICJ jurisdiction; legal code modified to bring it in line with Organization on Security and Cooperation in Europe (OSCE) obligations and to expunge Marxist-Leninist legal theory
	Denmark	civil law system; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
	Djibouti	based on French civil law system, traditional practices, and Islamic law
	Dominica	based on English common law
	Dominican Republic	based on French civil codes
	Ecuador	based on civil law system; has not accepted compulsory ICJ jurisdiction
	Egypt	based on English common law, Islamic law, and Napoleonic codes; judicial review by Supreme Court and Council of State (oversees validity of administrative decisions); accepts compulsory ICJ jurisdiction, with reservations
	El Salvador	based on civil and Roman law, with traces of common law; judicial review of legislative acts in the Supreme Court; accepts compulsory ICJ jurisdiction, with reservations
	Equatorial Guinea	partly based on Spanish civil law and tribal custom
	Eritrea	operates on the basis of transitional laws that incorporate pre-independence statutes of the Eritrean People's Liberation Front, revised Ethiopian laws, customary laws, and post independence enacted laws
	Estonia	based on civil law system; no judicial review of legislative acts
	Ethiopia	currently transitional mix of national and regional courts
	Europa Island	the laws of France, where applicable, apply
	Falkland Islands (Islas Malvinas)	English common law
	Faroe Islands	Danish
	Fiji	based on British system
	Finland	civil law system based on Swedish law; Supreme Court may request legislation interpreting or modifying laws; accepts compulsory ICJ jurisdiction, with reservations
	France	civil law system with indigenous concepts; review of administrative but not legislative acts
	French Guiana	French legal system
	French Polynesia	based on French system
	French Southern and Antarctic Lands	the laws of France, where applicable, apply
	Gabon	based on French civil law system and customary law; judicial review of legislative acts in Constitutional Chamber of the Supreme Court; has not accepted compulsory ICJ jurisdiction
	Gambia, The	based on a composite of English common law, Koranic law, and customary law; accepts compulsory ICJ jurisdiction, with reservations
	Georgia	based on civil law system
	Germany	civil law system with indigenous concepts; judicial review of legislative acts in the Federal Constitutional Court; has not accepted compulsory ICJ jurisdiction
	Ghana	based on English common law and customary law; has not accepted compulsory ICJ jurisdiction
	Gibraltar	English law
	Glorioso Islands	the laws of France, where applicable, apply
	Greece	based on codified Roman law; judiciary divided into civil, criminal, and administrative courts
	Greenland	Danish
	Grenada	based on English common law
	Guadeloupe	French legal system
	Guam	modeled on US; US federal laws apply
	Guatemala	civil law system; judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
	Guernsey	English law and local statute; justice is administered by the Royal Court
	Guinea	based on French civil law system, customary law, and decree; legal codes currently being revised; has not accepted compulsory ICJ jurisdiction
	Guinea-Bissau	NA
	Guyana	based on English common law with certain admixtures of Roman-Dutch law; has not accepted compulsory ICJ jurisdiction
	Haiti	based on Roman civil law system; accepts compulsory ICJ jurisdiction
	Heard Island and McDonald Islands	the laws of Australia, where applicable, apply
	Holy See (Vatican City)	NA
	Honduras	rooted in Roman and Spanish civil law with increasing influence of English common law; recent judicial reforms include abandoning Napoleonic legal codes in favor of the oral adversarial system; accepts ICJ jurisdiction, with reservations
	Hong Kong	based on English common law
	Howland Island	the laws of the US, where applicable, apply
	Hungary	rule of law based on Western model
	Iceland	civil law system based on Danish law; has not accepted compulsory ICJ jurisdiction
	India	based on English common law; limited judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
	Indonesia	based on Roman-Dutch law, substantially modified by indigenous concepts and by new criminal procedures code; has not accepted compulsory ICJ jurisdiction
	Iran	the Constitution codifies Islamic principles of government
	Iraq	based on Islamic law in special religious courts, civil law system elsewhere; has not accepted compulsory ICJ jurisdiction
	Ireland	based on English common law, substantially modified by indigenous concepts; judicial review of legislative acts in Supreme Court; has not accepted compulsory ICJ jurisdiction
	Isle of Man	English common law and Manx statute
	Israel	mixture of English common law, British Mandate regulations, and, in personal matters, Jewish, Christian, and Muslim legal systems; in December 1985, Israel informed the UN Secretariat that it would no longer accept compulsory ICJ jurisdiction
	Italy	based on civil law system; appeals treated as new trials; judicial review under certain conditions in Constitutional Court; has not accepted compulsory ICJ jurisdiction
	Jamaica	based on English common law; has not accepted compulsory ICJ jurisdiction
	Jan Mayen	the laws of Norway, where applicable, apply
	Japan	modeled after European civil law system with English-American influence; judicial review of legislative acts in the Supreme Court; accepts compulsory ICJ jurisdiction, with reservations
	Jarvis Island	the laws of the US, where applicable, apply
	Jersey	English law and local statute
	Johnston Atoll	the laws of the US, where applicable, apply
	Jordan	based on Islamic law and French codes; judicial review of legislative acts in a specially provided High Tribunal; has not accepted compulsory ICJ jurisdiction
	Juan de Nova Island	the laws of France, where applicable, apply
	Kazakhstan	based on civil law system
	Kenya	based on English common law, tribal law, and Islamic law; judicial review in High Court; accepts compulsory ICJ jurisdiction, with reservations; constitutional amendment of 1982 making Kenya a de jure one-party state repealed in 1991
	Kingman Reef	the laws of the US, where applicable, apply
	Kiribati	NA
	Korea, North	based on German civil law system with Japanese influences and Communist legal theory; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
	Korea, South	combines elements of continental European civil law systems, Anglo-American law, and Chinese classical thought
	Kuwait	civil law system with Islamic law significant in personal matters; has not accepted compulsory ICJ jurisdiction
	Kyrgyzstan	based on civil law system
	Laos	based on traditional customs, French legal norms and procedures, and Socialist practice
	Latvia	based on civil law system
	Lebanon	mixture of Ottoman law, canon law, Napoleonic code, and civil law; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
	Lesotho	based on English common law and Roman-Dutch law; judicial review of legislative acts in High Court and Court of Appeal; has not accepted compulsory ICJ jurisdiction
	Liberia	dual system of statutory law based on Anglo-American common law for the modern sector and customary law based on unwritten tribal practices for indigenous sector
	Libya	based on Italian civil law system and Islamic law; separate religious courts; no constitutional provision for judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
	Liechtenstein	local civil and penal codes; accepts compulsory ICJ jurisdiction, with reservations
	Lithuania	based on civil law system; no judicial review of legislative acts
	Luxembourg	based on civil law system; accepts compulsory ICJ jurisdiction
	Macau	based on Portuguese civil law system
	Macedonia, The Former Yugoslav Republic of	based on civil law system; judicial review of legislative acts
	Madagascar	based on French civil law system and traditional Malagasy law; has not accepted compulsory ICJ jurisdiction
	Malawi	based on English common law and customary law; judicial review of legislative acts in the Supreme Court of Appeal; has not accepted compulsory ICJ jurisdiction
	Malaysia	based on English common law; judicial review of legislative acts in the Supreme Court at request of supreme head of the federation; has not accepted compulsory ICJ jurisdiction
	Maldives	based on Islamic law with admixtures of English common law primarily in commercial matters; has not accepted compulsory ICJ jurisdiction
	Mali	based on French civil law system and customary law; judicial review of legislative acts in Constitutional Court (which was formally established on 9 March 1994); has not accepted compulsory ICJ jurisdiction
	Malta	based on English common law and Roman civil law; accepts compulsory ICJ jurisdiction, with reservations
	Marshall Islands	based on adapted Trust Territory laws, acts of the legislature, municipal, common, and customary laws
	Martinique	French legal system
	Mauritania	a combination of Shari'a (Islamic law) and French civil law
	Mauritius	based on French civil law system with elements of English common law in certain areas
	Mayotte	French law
	Mexico	mixture of US constitutional theory and civil law system; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
	Micronesia, Federated States of	based on adapted Trust Territory laws, acts of the legislature, municipal, common, and customary laws
	Midway Islands	the laws of the US, where applicable, apply
	Moldova	based on civil law system; Constitutional Court reviews legality of legislative acts and governmental decisions of resolution; it is unclear if Moldova accepts compulsory ICJ jurisdiction but accepts many UN and Organization for Security and Cooperation in Europe (OSCE) documents
	Monaco	based on French law; has not accepted compulsory ICJ jurisdiction
	Mongolia	blend of Russian, Chinese, Turkish, and Western systems of law that combines aspects of a parliamentary system with some aspects of a presidential system; constitution ambiguous on judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
	Montserrat	English common law and statutory law
	Morocco	based on Islamic law and French and Spanish civil law system; judicial review of legislative acts in Constitutional Chamber of Supreme Court
	Mozambique	based on Portuguese civil law system and customary law
	Namibia	based on Roman-Dutch law and 1990 constitution
	Nauru	acts of the Nauru Parliament and British common law
	Navassa Island	the laws of the US, where applicable, apply
	Nepal	based on Hindu legal concepts and English common law; has not accepted compulsory ICJ jurisdiction
	Netherlands	civil law system incorporating French penal theory; constitution does not permit judicial review of acts of the States General; accepts compulsory ICJ jurisdiction, with reservations
	Netherlands Antilles	based on Dutch civil law system, with some English common law influence
	New Caledonia	the 1988 Matignon Accords grant substantial autonomy to the islands; formerly under French law
	New Zealand	based on English law, with special land legislation and land courts for Maoris; accepts compulsory ICJ jurisdiction, with reservations
	Nicaragua	civil law system; Supreme Court may review administrative acts
	Niger	based on French civil law system and customary law; has not accepted compulsory ICJ jurisdiction
	Nigeria	based on English common law, Islamic Shariah law (only in some northern states), and traditional law
	Niue	English common law
	Norfolk Island	based on the laws of Australia, local ordinances and acts; English common law applies in matters not covered by either Australian or Norfolk Island law
	Northern Mariana Islands	based on US system, except for customs, wages, immigration laws, and taxation
	Norway	mixture of customary law, civil law system, and common law traditions; Supreme Court renders advisory opinions to legislature when asked; accepts compulsory ICJ jurisdiction, with reservations
	Oman	based on English common law and Islamic law; ultimate appeal to the monarch; has not accepted compulsory ICJ jurisdiction
	Pakistan	based on English common law with provisions to accommodate Pakistan's status as an Islamic state; accepts compulsory ICJ jurisdiction, with reservations
	Palau	based on Trust Territory laws, acts of the legislature, municipal, common, and customary laws
	Palmyra Atoll	the laws of the US, where applicable, apply
	Panama	based on civil law system; judicial review of legislative acts in the Supreme Court of Justice; accepts compulsory ICJ jurisdiction, with reservations
	Papua New Guinea	based on English common law
	Paraguay	based on Argentine codes, Roman law, and French codes; judicial review of legislative acts in Supreme Court of Justice
	Peru	based on civil law system; has not accepted compulsory ICJ jurisdiction
	Philippines	based on Spanish and Anglo-American law; accepts compulsory ICJ jurisdiction, with reservations
	Pitcairn Islands	local island by-laws
	Poland	mixture of Continental (Napoleonic) civil law and holdover communist legal theory; changes being gradually introduced as part of broader democratization process; limited judicial review of legislative acts although under the new constitution, the Constitutional Tribunal ruling will become final as of October 1999; court decisions can be appealed to the European Court of Justice in Strasbourg
	Portugal	civil law system; the Constitutional Tribunal reviews the constitutionality of legislation; accepts compulsory ICJ jurisdiction, with reservations
	Puerto Rico	based on Spanish civil code
	Qatar	discretionary system of law controlled by the amir, although civil codes are being implemented; Islamic law is significant in personal matters
	Reunion	French law
	Romania	former mixture of civil law system and communist legal theory; is now based on the constitution of France's Fifth Republic
	Russia	based on civil law system; judicial review of legislative acts
	Rwanda	based on German and Belgian civil law systems and customary law; judicial review of legislative acts in the Supreme Court; has not accepted compulsory ICJ jurisdiction
	Saint Helena	NA
	Saint Kitts and Nevis	based on English common law
	Saint Lucia	based on English common law
	Saint Pierre and Miquelon	French law with special adaptations for local conditions, such as housing and taxation
	Saint Vincent and the Grenadines	based on English common law
	Samoa	based on English common law and local customs; judicial review of legislative acts with respect to fundamental rights of the citizen; has not accepted compulsory ICJ jurisdiction
	San Marino	based on civil law system with Italian law influences; has not accepted compulsory ICJ jurisdiction
	Sao Tome and Principe	based on Portuguese legal system and customary law; has not accepted compulsory ICJ jurisdiction
	Saudi Arabia	based on Islamic law, several secular codes have been introduced; commercial disputes handled by special committees; has not accepted compulsory ICJ jurisdiction
	Senegal	based on French civil law system; judicial review of legislative acts in Constitutional Court; the Council of State audits the government's accounting office; has not accepted compulsory ICJ jurisdiction
	Seychelles	based on English common law, French civil law, and customary law
	Sierra Leone	based on English law and customary laws indigenous to local tribes; has not accepted compulsory ICJ jurisdiction
	Singapore	based on English common law; has not accepted compulsory ICJ jurisdiction
	Slovakia	civil law system based on Austro-Hungarian codes; has not accepted compulsory ICJ jurisdiction; legal code modified to comply with the obligations of Organization on Security and Cooperation in Europe (OSCE) and to expunge Marxist-Leninist legal theory
	Slovenia	based on civil law system
	Solomon Islands	English common law
	Somalia	NA
	South Africa	based on Roman-Dutch law and English common law; accepts compulsory ICJ jurisdiction, with reservations
	South Georgia and the South Sandwich Islands	the laws of the UK, where applicable, apply
	Spain	civil law system, with regional applications; has not accepted compulsory ICJ jurisdiction
	Sri Lanka	a highly complex mixture of English common law, Roman-Dutch, Muslim, Sinhalese, and customary law; has not accepted compulsory ICJ jurisdiction
	Sudan	based on English common law and Islamic law; as of 20 January 1991, the now defunct Revolutionary Command Council imposed Islamic law in the northern states; Islamic law applies to all residents of the northern states regardless of their religion; some separate religious courts; accepts compulsory ICJ jurisdiction, with reservations
	Suriname	based on Dutch legal system incorporating French penal theory
	Svalbard	NA
	Swaziland	based on South African Roman-Dutch law in statutory courts and Swazi traditional law and custom in traditional courts; has not accepted compulsory ICJ jurisdiction
	Sweden	civil law system influenced by customary law; accepts compulsory ICJ jurisdiction, with reservations
	Switzerland	civil law system influenced by customary law; judicial review of legislative acts, except with respect to federal decrees of general obligatory character; accepts compulsory ICJ jurisdiction, with reservations
	Syria	based on Islamic law and civil law system; special religious courts; has not accepted compulsory ICJ jurisdiction
	Taiwan	based on civil law system; accepts compulsory ICJ jurisdiction, with reservations
	Tajikistan	based on civil law system; no judicial review of legislative acts
	Tanzania	based on English common law; judicial review of legislative acts limited to matters of interpretation; has not accepted compulsory ICJ jurisdiction
	Thailand	based on civil law system, with influences of common law; has not accepted compulsory ICJ jurisdiction
	Togo	French-based court system
	Tokelau	British and local statutes
	Tonga	based on English law
	Trinidad and Tobago	based on English common law; judicial review of legislative acts in the Supreme Court; has not accepted compulsory ICJ jurisdiction
	Tromelin Island	the laws of France, where applicable, apply
	Tunisia	based on French civil law system and Islamic law; some judicial review of legislative acts in the Supreme Court in joint session
	Turkey	derived from various European continental legal systems; accepts compulsory ICJ jurisdiction, with reservations
	Turkmenistan	based on civil law system
	Turks and Caicos Islands	based on laws of England and Wales, with a small number adopted from Jamaica and The Bahamas
	Tuvalu	NA
	Uganda	in 1995, the government restored the legal system to one based on English common law and customary law; accepts compulsory ICJ jurisdiction, with reservations
	Ukraine	based on civil law system; judicial review of legislative acts
	United Arab Emirates	federal court system introduced in 1971; all emirates except Dubayy (Dubai) and Ra's al Khaymah have joined the federal system; all emirates have secular and Islamic law for civil, criminal, and high courts
	United Kingdom	common law tradition with early Roman and modern continental influences; no judicial review of Acts of Parliament; accepts compulsory ICJ jurisdiction, with reservations; British courts and legislation are increasingly subject to review by European Union courts
	United States	based on English common law; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
	Uruguay	based on Spanish civil law system; accepts compulsory ICJ jurisdiction
	Uzbekistan	evolution of Soviet civil law; still lacks independent judicial system
	Vanuatu	unified system being created from former dual French and British systems
	Venezuela	based on organic laws as of July 1999; open, adversarial court system; has not accepted compulsory ICJ jurisdiction
	Vietnam	based on communist legal theory and French civil law system
	Virgin Islands	based on US laws
	Wake Island	the laws of the US, where applicable, apply
	Wallis and Futuna	French legal system
	World	all members of the UN plus Switzerland are parties to the statute that established the International Court of Justice (ICJ) or World Court
	Yemen	based on Islamic law, Turkish law, English common law, and local tribal customary law; has not accepted compulsory ICJ jurisdiction
	Yugoslavia	based on civil law system
	Zambia	based on English common law and customary law; judicial review of legislative acts in an ad hoc constitutional council; has not accepted compulsory ICJ jurisdiction
	Zimbabwe	mixture of Roman-Dutch and English common law