•ISTANBUL UNIVERSITY
FACULTY OF LAW
BASIC CONCEPTS OF LAW
PP Presentation for the II. Lecture
Kutluhan Bozkurt
Dr. Iur.
LL.M. Eur. (Munich)
Copyright© K. Bozkurt, PP. Presentation, Istanbul University, Faculty of Law. All rights reserved.
SECOND TOPIC:
SUPRANATIONAL SYSTEMS
STRUCTURE OF THE II. LECTURE
 Vocabulary
 General explanations - definitions
 Characteristics of supranational systems
 Sources of supranational systems
 International organizations and
supranational system
 International- public international law –
national law
 Law of supranational system
© Basic Concept of Law, Istanbul University , Faculty of Law, PP presentation by K. Bozkurt
Literature for the 2. lecture
 M. Sur, Uluslararası Hukukun Esasları, Beta 2010, H.
Pazarcı, Uluslararası Hukuk, Turan 2010, E. BozkurtM. Özcan-A.Köktaş, Avrupa Birliği Hukuku, Asil,
2011, K. Bozkurt, Avrupa Birliğinin Olușum ve
Gelișim sürecinde Hukuk Ekseni, Hukuk ve Adalet
Eleștirel Hukuk Dergisi Temmuz 2004,
 http://en.wikipedia.org/wiki/Supranational_union
 http://en.wikipedia.org/wiki/Intergovernmental_or
ganization
 http://www.un.org/
Vocabulary list part 1 :
 Supranational, system, social, structure,
superstructure,
development
process,
economic, politic, social order, diplomatic,
factors, element, parameter, evolution, to
design, international agreement, treaty,
international relations, basically, local system,
national system, conflict, dialectic, dialectic
development process, historical development
process, supranational law,
Vocabulary list part 2:
 supranational jurisdiction, historical –politicalbackground, organ, institution, politic
system(s), hierarchical, nation state, nation,
state, political legitimacy, world politic
system(s), identification, entity, political and
geographical entity, cultural and/or ethic
entity, federation, confederation, federalism,
multi-national state(s), cantonal system,
perspective,
Vocabulary list part 3:
 political understanding, style, principle(s),
argumentation, concept, to negotiate, to
delegate, membership, authority, state
authority, government, member state,
description,
to
describe,
sovereignty,
hegemony,
aspect,
intergovernmental,
intergovernmental treaties, global system,
globalization, legal supremacy, extant,
competence,
Vocabulary list part 4:
 decision-making, deriving, political legitimacy,
decision-making process, superior character,
exercise, sovereign, legislative, executive,
judicial authority, declaration, multi-treaties,
dual-treaty, national-domestic regulations, to
observe, autonomy, movement, a new
conjectural status, to settle, regulation(s),
directive(s), formation, target, decision(s),
recommendation(s), opinion(s).
EXPLANATIONS AND DEFINITIONS:
 Supranational systems were born in the 21th century
and their development process is mainly based on
economic, politic, social, diplomatic reasons and
factors.
 So the economic, politic, diplomatic, social
development factors are basic elements and
parameters for the evolution of supranational
systems.
 The supranational systems have also a legal
dimension and parameter which can be designed to
organize the structure of the supranational system.
EXPLANATIONS AND DEFINITIONS:
 International agreements, treaties and also
international
relations
rather
public
international relations can be found under the
structure of the supranational systems.
 The process of formation of supranational
systems were based on negative effects of
World War I. and World War II.
EXPLANATIONS AND DEFINITIONS:
 The theoretical background of the supranational
system were founded by I. Kant who was a famous
German philosopher and who explained his ideas in
the book, named The Public International Law (Das
Völkerrecht).
 The supranational systems and their laws are
hierarchical upper than national systems and their
laws.
EXPLANATIONS AND DEFINITIONS:
 Although this, supranational systems have not only
relations with national systems but also have some
conflicts with them.
 It seems that the conflicts between the supranational
systems and national systems have an effect on the
development processes (in the fields of politic,
economic, legal, diplomatic, social and cultural) of
the supranational systems and mainly of the national
systems.
EXPLANATIONS AND DEFINITONS:
 This is a dialectic and also historical
development process as well.
 In the development process of the
supranational systems their special law system
has been created which is called supranational
law that has a superior character than
national or international laws.
EXPLANATIONS AND DEFINITONS:
 The supranational law refers to a law
discipline and system.
 The supranational law has an upper level than
national laws.
HISTORICAL BACKGROUND AND
DEFINITIONS:
 First of all the supranational system refers to basically
a new politic, economic, diplomatic and legal
structure which exists on the local and national
systems.
 The concept, the supranational system, is a new
definition and a new structure which is organized via
political and legal organs or institutions.
 The concept was born against nation state and its
structure
HISTORICAL BACKGROUND AND
DEFINITIONS:
 Nation state is an important definition which has very
much affected world politic system 19th century.
 The nation state is a state that identifies itself as deriving
its political legitimacy from a sovereign entity for a
nation as a sovereign territorial unit.
 While the state bases on a political and geographical
entity, the nation bases on cultural and /or ethic entity.
HISTORICAL BACKGROUND AND
DEFINITIONS:
 Therefore the nation state can be compared and
contrasted with that of the federal, multinational state,
confederation systems or cantonal systems.
 According to Turkish constitution Turkey is a nation state
and Turkish political and legal system has accepted
principals of the nation state system.
 Germany, Austria are federal states, the USA is a
multinational state, Swiss has cantonal system. The UK
was formed as a unitary state, Kingdom of England and
Kingdom Scotland, but now, the UK is formed as a
multinational state.
HISTORICAL BACKGROUND AND
DEFINITIONS:
 After the World War II. the nation state understanding and
system has been changed slowly and new concepts were
created which are international systems and then finally
supranational system.
 Although this, some countries in the world keep still their
political understanding and principles of the nation state. But
also in these countries there are some evolution regarding the
understanding of nation state and membership to an
international organization or to a supranational system.
 International –politic-diplomatic and economic- relations and
intergovernmental treaties are main legal sources of
supranational organizations and systems.
HISTORICAL BACKGROUND AND
DEFINITIONS:
• So the definition of the supranational system or organization
is a type of multi-national confederation or federation where
negotiated power of the state is delegated to an authority or
an organ or an institution by governments of member states.
• The concept of supranational system is usually used to
describe the European Union, as a new type of political entity.
• The supranational system is a supranational policy that lies
somewhere between a confederation that is an association of
States and a federation that is a state.
CHARACTERISTICS OF
SUPRANATIONAL SYSTEM:
 The supranational system is based on internationalintergovernmental treaties /agreements and
international relations.
 The concept signifies a superstructure which has
politic, diplomatic, economic, social and finally legal
aspects and parameters.
 The system has upper level than national and local
systems in hierarchically and especially the primary
sources of system rules usually on the local rules or
regulations.
CHARACTERISTICS OF
SUPRANATIONAL SYSTEM:
 The definition declares a new system and discipline
that is a part of the new global system.
 The system has special organs and institutions which
have legal and political power on the member states.
 Decision-making is partly intergovernmental and
partly supranational within system.
 The system has created and creates still its special
law system and discipline which has superior
character.
SOURCES OF SUPRANATIONAL SYSTEM:
 The sources can be divided into 3 groups: internal, external
and other sources of systems.
 As it was said previously, main source of the supranational
systems is international treaties /agreements (also
intergovernmental treaties) which are between state-state,
state-local organization, local- local organization, state –
international organization or state- supranational system etc.
 Treatises are external and also-sometimes – internal sources
of system.
SOURCES OF SUPRANATIONAL SYSTEM:
 International (intergovernmental) treaties are under affects of
politic, economic, strategic, diplomatic and legal aspect and
targets of countries and/or of local systems.
 International and public international relations create and
compose multi-treaties between states, local and
supranational systems and these constitute legal and politic
systems.
SOURCES OF SUPRANATIONAL SYSTEM:
 National systems regulations affect also the supranational
system, therefore these are called the external sources of the
system.
 Basic universal principles, such as European Convention on
Human Rights, act of human rights, can be added to sources
of system. This is also external sources of the system.
 Regulations of an authority, an organ or an institution of the
supranational system, such as legislative, executive organs are
internal and basic sources of the systems.
SOURCES OF SUPRANATIONAL SYSTEM:
 Don’t forget that supranational system observes its specific
law discipline which were/are being formed by an authority,
organ or institution of the system.
 An authority in the supranational system, who has power or
autonomy, may settle regulation(s), directive(s), decision(s),
recommendation(s), opinion(s). These are also basic and
internal sources of the supranational system as well.
 The case law is an internal source of the system too. Case law
and jurisdictions of judicial organ of the supranational system,
such as decisions of the European Union Court of Justice, are
an important source.
INTERNATIONAL (INTERGOVERNMENTAL) AND
SUPRANATIONAL ORGANISATIONS:
 After the industrial revolution, we see in the 18th century
political, industrial, economical, legal, scientific developments
and at the and of 18th and begin of 19th centuries new
political structure was created which was called the nation
state.
 After the World War I. and especially after the World War II.
new terms and new organizations were founded which
were/are mainly regional and international institutions.
 In fact these developments were a reaction against World
Wars and also were a movement to new conjectural status in
the world.
INTERNATIONAL (INTERGOVERNMENTAL) AND
SUPRANATIONAL ORGANISATIONS
 As you know, the world was politically divided into
groups: NATO and WARSAW PACT. The first pact was/is
under control the USA and the second pact was under
control of the ex-Soviet Union.
 After new structural development in the nineties in the
world political life the WARSAW PACT was dispersed.
 The NATO is still active and is also an international
organization which has a politic-military mission
INTERNATIONAL (INTERGOVERNMENTAL) AND
SUPRANATIONAL ORGANISATIONS:
 After the World War II. the UN (UNITED NATIONS) was
created. The founders of the UN were the USA, ex Soviet
Union (now Russia), the UK, Republic of China and France.
 On 25 April 1945, the UN Conference on International
Organization started in San Francisco, attended by 50
governments and they involved drafting the United Nation
Charter.
 The UN officially came into existence on 24 October 1945.
INTERNATIONAL (INTERGOVERNMENTAL)
AND SUPRANATIONAL ORGANISATIONS:
 The UN is not a supranational organization but an
intergovernmental organization. The difference with a
supranational system, such as the EU, is that the EU has a
superior character and its law, supranational law, has an
upper level from member states’ laws.
 The primer law sources of the supranational law, -such as
regulations, directives, case law of the European Court of
Justice-, are binding for all their member states.
INTERNATIONAL (INTERGOVERNMENTAL)
AND SUPRANATIONAL ORGANISATIONS:
 In contradiction to these are in an intergovernmental
organization where the states don’t give up their
sovereignty, the decision taken by these organizations
are not binding to their member states.
 This can be clearly seen in the fact that the 5 founding
member states of the UN can block the decision-making
process, therefore can never be considered as a
supranational system.
INTERNATIONAL (INTERGOVERNMENTAL)
AND SUPRANATIONAL ORGANISATIONS:
 At this level/moment the only organization which is
consider to have supranational characteristics is the EU.
 There are also others intergovernmental organizations,
such as; World Trade Organization (WTO), Organization
for Security and Co-operation in Europe (OSCE), World
Custom Organization (WCO), Interpol, International
Monetary Fund (IMF), Organization of Petroleumexporting Countries (OPEC) etc.
INTERNATIONAL AND PUBLIC
INTERNATIONAL LAW:
 International law is a set of rules and regulations
generally regarded and accepted as binding in
relations between states and nations.
 International law is a part of law which has
international dimension and parameters.
 International law differs from national laws and their
systems.
INTERNATIONAL AND PUBLIC
INTERNATIONAL LAW:
 International law is based on governance.
 The three primary sources of the international law
are stated as treaties, international customs, and
general principles.
 Usually judicial decisions (case law) and scholarly
writings are expressly designed and created as the
subsidiary sources of the international law.
INTERNATIONAL AND PUBLIC
INTERNATIONAL LAW:
 The international law could be referred to three distinct
legal structure rather legal disciplines:
 1-Public international law,
 2- Private international law,
 3- Supranational law.
 Public international law is a part and an element of the
law rather of the international law, which governs
relations between states, or provinces and international
organizations rather entities.
INTERNATIONAL AND PUBLIC
INTERNATIONAL LAW:
 The public international law includes different fields:
treaties law, law of sea, international criminal law, laws of
war, international human rights law etc.
 International private law is a part of law rather
international law, which governs relations between
private persons (legal and natural) and states, which
addresses the questions of which jurisdiction may
applicable to a case and the law regarding which
jurisdiction applies to the problem in the case.
INTERNATIONAL AND PUBLIC
INTERNATIONAL LAW:
 Supranational law is an important part of international
law which has superior character and upper level from
national laws.
 National law is located under the level of supranational
law. Member states give whole or an important part of
the sovereignty rights to organ, authority or entity of the
supranational system.
SUPRANATIONAL LAW:
 The concept expresses high level understanding of
the law. The supranational law encloses national laws
and regulations.
 The supranational law creates special area in order to
apply on member state’s laws.
 The notion gives a special dimension to the law life
which is based on limitation of the rights of
sovereign nations between other ones.
SUPRANATIONAL LAW:
 The supranational law has a law discipline and
understanding.
 The supranational law consists of treaties and also
internal law of the supranational entity.
 The supranational law declares a rattling law area in
the life.
SUPRANATIONAL LAW:
 The supranational law expresses also conflicts with
national rather member state’s law.
 The supranational law gives authority to its organs,
entities or institutions.
 The supranational law is based on jurisdiction rather case
law too and the case law is absolute binding for every
institution or organs or persons (legal or natural) and
also for member states’ organs and entities. So the case
law is like a locomotive of the supranational law and also
supranational system.
SUPRANATIONAL LAW:
 The regulations of the supranational law are not only
member states but also for citizens of the member
states.
 The supranational law is binding for whole
institutions, organs and entities in a supranational
system.
 Some of rules (especially regulations and directives
of the supranational organs) are binding also for the
member states and their institution, entities or
organs as well.
Repetition of the vocabulary 1
 Supranational,
system,
structure,
superstructure,
development
process,
economic, politic, social, diplomatic, factors,
element, parameter, evolution, to design,
international agreement, treaty, international
relations, basically, local system, national
system,
conflict,
dialectic,
dialectic
development process, historical development
process, supranational law,
Repetition of the vocabulary 2
 supranational jurisdiction, historical –politicalbackground, organ, institution, politic
system(s), hierarchical, nation state, nation,
state, political legitimacy, world politic
system(s), identification, entity, political and
geographical entity, cultural and/or ethic
entity, federation, confederation, federalism,
multi-national state(s), cantonal system,
perspective,
Repetition of the vocabulary 3
 political
understanding,
principle(s),
argumentation, style, concept, to negotiate, to
delegate, membership, authority, state
authority, government, member state,
description,
to
describe,
sovereignty,
hegemony, aspect, intergovernmental, United
Nation Charter, intergovernmental treaties,
global system, globalization, legal supremacy,
extant, competence, dispersed.
Repetition of the vocabulary 4
• decision-making,
law-making,
decision-making
process, superior character, exercise, sovereign,
legislative, executive, judicial authority, declaration,
target, multi-treaties, dual-treaty, national-domestic
regulations, to observe, autonomy, to settle,
province, subsidiary, subsidiary sources, governance,
contradiction, regulation(s), directive(s), decisions),
recommendation(s), opinion(s) conjectural status,
declares a new system and discipline.
CONCLUSION
• ANY QUESTION(S)???
• YOUR COMMENTS
• THANK YOU FOR YOUR ATTENTION!!!
• SEE YOU AT THE NEXT LECTURE