Compare Legal system (2003) - Legal system (2001)

Compare Legal system (2003) with Legal system (2001)

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	Legal system (2003)	Legal system (2001)
Afghanistan	the Bonn Agreement calls for a judicial commission to rebuild the justice system in accordance with Islamic principles, international standards, the rule of law, and Afghan legal traditions	a new legal system has not been adopted but all factions tacitly agree they will follow Shari'a (Islamic 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, Room 5805, 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 visit their website at www.nsf.gov.	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.
Ashmore and Cartier Islands	the laws of the Commonwealth of Australia and the laws of the Northern Territory of Australia, where applicable, apply	the laws of the Northern Territory of Australia, where applicable, apply
Austria	civil law system with Roman law origin; judicial review of legislative acts by the Constitutional Court; separate administrative and civil/penal supreme courts; accepts compulsory ICJ jurisdiction	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
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 note: Chile is in the process of completely overhauling its criminal justice system; a new, US-style adversarial system is being gradually implemented throughout the country	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
Comoros	French and Sharia (Islamic) law in a new consolidated code	French and Muslim law in a new consolidated code
East Timor	UN-drafted legal system based on Indonesian law (2002)	-
Eritrea	primary basis is the Ethiopian legal code of 1957, with revisions; new civil, commercial, and penal codes have not yet been promulgated; also relies on customary and post-independence-enacted laws and, for civil cases involving Muslims, Sharia law	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
Holy See (Vatican City)	based on Code of Canon Law and revisions to it	NA
Iraq	in transition following April 2003 defeat of SADDAM Husayn regime by US-led coalition	based on Islamic law in special religious courts, civil law system elsewhere; has not accepted compulsory ICJ jurisdiction
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	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
Jersey	English law and local statute; justice is administered by the Royal Court	English law and local statute
Kenya	based on Kenyan statutory law, Kenyan and 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	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
Laos	based on traditional customs, French legal norms and procedures, and socialist practice	based on traditional customs, French legal norms and procedures, and Socialist practice
Lithuania	based on civil law system; legislative acts can be appealed to the constitutional court	based on civil law system; no judicial review of legislative acts
Mongolia	blend of Soviet, German, and US 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	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
New Zealand	based on English law, with special land legislation and land courts for the Maori; accepts compulsory ICJ jurisdiction, with reservations	based on English law, with special land legislation and land courts for Maoris; accepts compulsory ICJ jurisdiction, with reservations
Niue	English common law note: Niue is self-governing, with the power to make its own laws	English common law
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, but rulings of the Constitutional Tribunal are final; court decisions can be appealed to the European Court of Justice in Strasbourg	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
Puerto Rico	based on Spanish civil code and within the US Federal system of justice	based on Spanish civil code
Qatar	discretionary system of law controlled by the amir, although civil codes are being implemented; Islamic law dominates family and personal matters	discretionary system of law controlled by the amir, although civil codes are being implemented; Islamic law is significant in personal matters
Serbia and Montenegro	based on civil law system	-
Solomon Islands	English common law, which is widely disregarded	English common law
Somalia	no national system; Shari'a and secular courts are in some localities	NA
South Georgia and the South Sandwich Islands	the laws of the UK, where applicable, apply; the senior magistrate from the Falkland Islands presides over the Magistrates Court	the laws of the UK, where applicable, apply
Tokelau	New Zealand and local statutes	British and local statutes
Turks and Caicos Islands	based on laws of England and Wales, with a few adopted from Jamaica and The Bahamas	based on laws of England and Wales, with a small number adopted from Jamaica and The Bahamas
United Arab Emirates	federal court system introduced in 1971; all emirates except Dubayy (Dubai) and Ra's al Khaymah are not fully integrated into the federal system; all emirates have secular and Islamic law for civil, criminal, and high courts	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; has judicial review of Acts of Parliament under the Human Rights Act of 1998; accepts compulsory ICJ jurisdiction, with reservations	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
Yugoslavia	-	based on civil law system