This entry provides the description of a country's legal system; it

also includes information on acceptance of International Court of

Justice (ICJ) jurisdiction. The legal systems of nearly all

countries are generally modeled upon elements of five main types:

civil law (including French law, the Napoleonic Code, Roman law,

Roman-Dutch law, and Spanish law); common law (including United

State law); customary law; mixed or pluralistic law; and religious

law (including Islamic law). An additional type of legal system -

international law, which governs the conduct of independent nations

in their relationships with one another - is also addressed below.

The following list describes these legal systems, the countries or

world regions where these systems are enforced, and a brief

statement on the origins and major features of each.

Civil Law - The most widespread type of legal system in the world,

applied in various forms in approximately 150 countries. Also

referred to as European continental law, the civil law system is

derived mainly from the Roman Corpus Juris Civilus, (Body of Civil

Law), a collection of laws and legal interpretations compiled under

the East Roman (Byzantine) Emperor Justinian I between A.D. 528 and

565. The major feature of civil law systems is that the laws are

organized into systematic written codes. In civil law the sources

recognized as authoritative are principally legislation - especially

codifications in constitutions or statutes enacted by governments -

and secondarily, custom. The civil law systems in some countries are

based on more than one code.

Common Law - A type of legal system, often synonymous with "English

common law," which is the system of England and Wales in the UK, and

is also in force in approximately 80 countries formerly part of or

influenced by the former British Empire. English common law reflects

Biblical influences as well as remnants of law systems imposed by

early conquerors including the Romans, Anglo-Saxons, and Normans.

Some legal scholars attribute the formation of the English common

law system to King Henry II (r.1154-1189). Until the time of his

reign, laws customary among England's various manorial and

ecclesiastical (church) jurisdictions were administered locally.

Henry II established the king's court and designated that laws were

"common" to the entire English realm. The foundation of English

common law is "legal precedent" - referred to as stare decisis,

meaning "to stand by things decided." In the English common law

system, court judges are bound in their decisions in large part by

the rules and other doctrines developed - and supplemented over time

- by the judges of earlier English courts.

Customary Law - A type of legal system that serves as the basis of,

or has influenced, the present-day laws in approximately 40

countries - mostly in Africa, but some in the Pacific islands,

Europe, and the Near East. Customary law is also referred to as

"primitive law," "unwritten law," "indigenous law," and "folk law."

There is no single history of customary law such as that found in

Roman civil law, English common law, Islamic law, or the Napoleonic

Civil Code. The earliest systems of law in human society were

customary, and usually developed in small agrarian and

hunter-gatherer communities. As the term implies, customary law is

based upon the customs of a community. Common attributes of

customary legal systems are that they are seldom written down, they

embody an organized set of rules regulating social relations, and

they are agreed upon by members of the community. Although such law

systems include sanctions for law infractions, resolution tends to

be reconciliatory rather than punitive. A number of African states

practiced customary law many centuries prior to colonial influences.

Following colonization, such laws were written down and incorporated

to varying extents into the legal systems imposed by their colonial

powers.

European Union Law - A sub-discipline of international law known as

"supranational law" in which the rights of sovereign nations are

limited in relation to one another. Also referred to as the Law of

the European Union or Community Law, it is the unique and complex

legal system that operates in tandem with the laws of the 27 member

states of the European Union (EU). Similar to federal states, the EU

legal system ensures compliance from the member states because of

the Union's decentralized political nature. The European Court of

Justice (ECJ), established in 1952 by the Treaty of Paris, has been

largely responsible for the development of EU law. Fundamental

principles of European Union law include: subsidiarity - the notion

that issues be handled by the smallest, lowest, or least centralized

competent authority; proportionality - the EU may only act to the

extent needed to achieve its objectives; conferral - the EU is a

union of member states, and all its authorities are voluntarily

granted by its members; legal certainty - requires that legal rules

be clear and precise; and precautionary principle - a moral and

political principle stating that if an action or policy might cause

severe or irreversible harm to the public or to the environment, in

the absence of a scientific consensus that harm would not ensue, the

burden of proof falls on those who would advocate taking the action.

French Law - A type of civil law that is the legal system of France.

The French system also serves as the basis for, or is mixed with,

other legal systems in approximately 50 countries, notably in North

Africa, the Near East, and the French territories and dependencies.

French law is primarily codified or systematic written civil law.

Prior to the French Revolution (1789-1799), France had no single

national legal system. Laws in the northern areas of present-day

France were mostly local customs based on privileges and exemptions

granted by kings and feudal lords, while in the southern areas Roman

law predominated. The introduction of the Napoleonic Civil Code

during the reign of Napoleon I in the first decade of the 19th

century brought major reforms to the French legal system, many of

which remain part of France's current legal structure, though all

have been extensively amended or redrafted to address a modern

nation. French law distinguishes between "public law" and "private

law." Public law relates to government, the French Constitution,

public administration, and criminal law. Private law covers issues

between private citizens or corporations. The most recent changes to

the French legal system - introduced in the 1980s - were the

decentralization laws, which transferred authority from centrally

appointed government representatives to locally elected

representatives of the people.

International Law - The law of the international community, or the

body of customary rules and treaty rules accepted as legally binding

by states in their relations with each other. International law

differs from other legal systems in that it primarily concerns

sovereign political entities. There are three separate disciplines

of international law: public international law, which governs the

relationship between provinces and international entities and

includes treaty law, law of the sea, international criminal law, and

international humanitarian law; private international law, which

addresses legal jurisdiction; and supranational law - a legal

framework wherein countries are bound by regional agreements in

which the laws of the member countries are held inapplicable when in

conflict with supranational laws. At present the European Union is

the only entity under a supranational legal system. The term

"international law" was coined by Jeremy Bentham in 1780 in his

Principles of Morals and Legislation, though laws governing

relations between states have been recognized from very early times

(many centuries B.C.). Modern international law developed alongside

the emergence and growth of the European nation-states beginning in

the early 16th century. Other factors that influenced the

development of international law included the revival of legal

studies, the growth of international trade, and the practice of

exchanging emissaries and establishing legations. The sources of

International law are set out in Article 38-1 of the Statute of the

International Court of Justice within the UN Charter.

Islamic Law - The most widespread type of religious law, it is the

legal system enforced in over 30 countries, particularly in the Near

East, but also in Central and South Asia, Africa, and Indonesia. In

many countries Islamic law operates in tandem with a civil law

system. Islamic law is embodied in the sharia, an Arabic word

meaning "the right path." Sharia covers all aspects of public and

private life and organizes them into five categories: obligatory,

recommended, permitted, disliked, and forbidden. The primary sources

of sharia law are the Qur'an, believed by Muslims to be the word of

God revealed to the Prophet Muhammad by the angel Gabriel, and the

Sunnah, the teachings of the Prophet and his works. In addition to

these two primary sources, traditional Sunni Muslims recognize the

consensus of Muhammad's companions and Islamic jurists on certain

issues, called ijmas, and various forms of reasoning, including

analogy by legal scholars, referred to as qiyas. Shia Muslims reject

ijmas and qiyas as sources of sharia law.

Mixed Law - Also referred to as pluralistic law, mixed law consists

of elements of some or all of the other main types of legal systems

- civil, common, customary, and religious. The mixed legal systems

of a number of countries came about when colonial powers overlaid

their own legal systems upon colonized regions but retained elements

of the colonies' existing legal systems.

Napoleonic Civil Code - A type of civil law, referred to as the

Civil Code or Code Civil des Francais, forms part of the legal

system of France, and underpins the legal systems of Bolivia, Egypt,

Lebanon, Poland, and the US state of Louisiana. The Civil Code was

established under Napoleon I, enacted in 1804, and officially

designated the Code Napoleon in 1807. This legal system combined the

Teutonic civil law tradition of the northern provinces of France

with the Roman law tradition of the southern and eastern regions of

the country. The Civil Code bears similarities in its arrangement to

the Roman Body of Civil Law (see Civil Law above). As enacted in

1804, the Code addressed personal status, property, and the

acquisition of property. Codes added over the following six years

included civil procedures, commercial law, criminal law and

procedures, and a penal code.

Religious Law - A legal system which stems from the sacred texts of

religious traditions and in most cases professes to cover all

aspects of life as a seamless part of devotional obligations to a

transcendent, imminent, or deep philosophical reality. Implied as

the basis of religious law is the concept of unalterability, because

the word of God cannot be amended or legislated against by judges or

governments. However, a detailed legal system generally requires

human elaboration. The main types of religious law are sharia in

Islam, halakha in Judaism, and canon law in some Christian groups.

Sharia is the most widespread religious legal system (see Islamic

Law), and is the sole system of law for countries including Iran,

the Maldives, and Saudi Arabia. No country is fully governed by

halakha, but Jewish people may decide to settle disputes through

Jewish courts and be bound by their rulings. Canon law is not a

divine law as such because it is not found in revelation. It is

viewed instead as human law inspired by the word of God and applying

the demands of that revelation to the actual situation of the

church. Canon law regulates the internal ordering of the Roman

Catholic Church, the Eastern Orthodox Church, and the Anglican

Communion.

Roman Law - A type of civil law developed in ancient Rome and

practiced from the time of the city's founding (traditionally 753

B.C.) until the fall of the Western Empire in the 5th century A.D.

Roman law remained the legal system of the Byzantine (Eastern

Empire) until the fall of Constantinople in 1453. Preserved

fragments of the first legal text, known as the Law of the Twelve

Tables, dating from the 5th century B.C., contained specific

provisions designed to change the prevailing customary law. Early

Roman law was drawn from custom and statutes; later, during the time

of the empire, emperors asserted their authority as the ultimate

source of law. The basis for Roman laws was the idea that the exact

form - not the intention - of words or of actions produced legal

consequences. It was only in the late 6th century A.D. that a

comprehensive Roman code of laws was published (see Civil Law

above). Roman law served as the basis of law systems developed in a

number of continental European countries.

Roman-Dutch Law - A type of civil law based on Roman law as applied

in the Netherlands. Roman-Dutch law serves as the basis for legal

systems in seven African countries, as well as Guyana, Indonesia,

and Sri Lanka. This law system, which originated in the province of

Holland and expanded throughout the Netherlands (to be replaced by

the French Civil Code in 1809), was instituted in a number of

sub-Saharan African countries during the Dutch colonial period. The

Dutch jurist/philosopher Hugo Grotius was the first to attempt to

reduce Roman-Dutch civil law into a system in his Jurisprudence of

Holland (written 1619-20, commentary published 1621). The Dutch

historian/lawyer Simon van Leeuwen coined the term "Roman-Dutch law"

in 1652.

Spanish Law - A type of civil law, often referred to as the Spanish

Civil Code, it is the present legal system of Spain and is the basis

of legal systems in 12 countries mostly in Central and South

America, but also in southwestern Europe, northern and western

Africa, and southeastern Asia. The Spanish Civil Code reflects a

complex mixture of customary, Roman, Napoleonic, local, and modern

codified law. The laws of the Visigoth invaders of Spain in the 5th

to 7th centuries had the earliest major influence on Spanish legal

system development. The Christian Reconquest of Spain in the 11th

through 15th centuries witnessed the development of customary law,

which combined canon (religious) and Roman law. During several

centuries of Hapsburg and Bourbon rule, systematic recompilations of

the existing national legal system were attempted, but these often

conflicted with local and regional customary civil laws. Legal

system development for most of the 19th century concentrated on

formulating a national civil law system, which was finally enacted

in 1889 as the Spanish Civil Code. Several sections of the code have

been revised, the most recent of which are the penal code in 1989

and the judiciary code in 2001. The Spanish Civil Code separates

public and private law. Public law includes constitutional law,

administrative law, criminal law, process law, financial and tax

law, and international public law. Private law includes civil law,

commercial law, labor law, and international private law.

United States Law - A type of common law, which is the basis of the

legal system of the United States and that of its island possessions

in the Caribbean and the Pacific. This legal system has several

layers, more possibly than in most other countries, and is due in

part to the division between federal and state law. The United

States was founded not as one nation but as a union of 13 colonies,

each claiming independence from the British Crown. The US

Constitution, implemented in 1789, began shifting power away from

the states and toward the federal government, though the states

today retain substantial legal authority. US law draws its authority

from four sources: constitutional law, statutory law, administrative

regulations, and case law. Constitutional law is based on the US

Constitution and serves as the supreme federal law. Taken together

with those of the state constitutions, these documents outline the

general structure of the federal and state governments and provide

the rules and limits of power. US statutory law is legislation

enacted by the US Congress and is codified in the United States

Code. The 50 state legislatures have similar authority to enact

state statutes. Administrative law is the authority delegated to

federal and state executive agencies. Case law, also referred to as

common law, covers areas where constitutional or statutory law is

lacking. Case law is a collection of judicial decisions, customs,

and general principles that began in England centuries ago, that

were adopted in America at the time of the Revolution, and that

continue to develop today.

Legislative branch

This entry contains information on the structure (unicameral,

bicameral, tricameral), formal name, number of seats, and term of

office. Elections includes the nature of the election process or

accession to power, date of the last election, and date of the next

election. Election results includes the percent of vote and/or

number of seats held by each party in the last election.

Life expectancy at birth

This entry contains the average number of years to be lived by a

group of people born in the same year, if mortality at each age

remains constant in the future. The entry includes total population

as well as the male and female components. Life expectancy at birth

is also a measure of overall quality of life in a country and

summarizes the mortality at all ages. It can also be thought of as

indicating the potential return on investment in human capital and

is necessary for the calculation of various actuarial measures.

Literacy

This entry includes a definition of literacy and Census Bureau

percentages for the total population, males, and females. There are

no universal definitions and standards of literacy. Unless otherwise

specified, all rates are based on the most common definition - the

ability to read and write at a specified age. Detailing the

standards that individual countries use to assess the ability to

read and write is beyond the scope of the Factbook. Information on

literacy, while not a perfect measure of educational results, is

probably the most easily available and valid for international

comparisons. Low levels of literacy, and education in general, can

impede the economic development of a country in the current rapidly

changing, technology-driven world.

Location

This entry identifies the country's regional location, neighboring

countries, and adjacent bodies of water.

M

Major infectious diseases

This entry lists major infectious diseases likely to be encountered

in countries where the risk of such diseases is assessed to be very

high as compared to the United States. These infectious diseases

represent risks to US government personnel traveling to the

specified country for a period of less than three years. The degree

of risk is assessed by considering the foreign nature of these

infectious diseases, their severity, and the probability of being

affected by the diseases present. The diseases listed do not

necessarily represent the total disease burden experienced by the

local population.

The risk to an individual traveler varies considerably by the

specific location, visit duration, type of activities, type of

accommodations, time of year, and other factors. Consultation with a

travel medicine physician is needed to evaluate individual risk and

recommend appropriate preventive measures such as vaccines.

Diseases are organized into the following six exposure categories

shown in italics and listed in typical descending order of risk.

Note: The sequence of exposure categories listed in individual

country entries may vary according to local conditions.

food or waterborne diseases acquired through eating or drinking on

the local economy:

Hepatitis A - viral disease that interferes with the functioning of

the liver; spread through consumption of food or water contaminated

with fecal matter, principally in areas of poor sanitation; victims

exhibit fever, jaundice, and diarrhea; 15% of victims will

experience prolonged symptoms over 6-9 months; vaccine available.

Hepatitis E - water-borne viral disease that interferes with the

functioning of the liver; most commonly spread through fecal

contamination of drinking water; victims exhibit jaundice, fatigue,

abdominal pain, and dark colored urine.

Typhoid fever - bacterial disease spread through contact with food

or water contaminated by fecal matter or sewage; victims exhibit

sustained high fevers; left untreated, mortality rates can reach 20%.

vectorborne diseases acquired through the bite of an infected

arthropod:

Malaria - caused by single-cell parasitic protozoa Plasmodium;

transmitted to humans via the bite of the female Anopheles mosquito;

parasites multiply in the liver attacking red blood cells resulting

in cycles of fever, chills, and sweats accompanied by anemia; death

due to damage to vital organs and interruption of blood supply to

the brain; endemic in 100, mostly tropical, countries with 90% of

cases and the majority of 1.5-2.5 million estimated annual deaths

occurring in sub-Saharan Africa.

Dengue fever - mosquito-borne (Aedes aegypti) viral disease

associated with urban environments; manifests as sudden onset of

fever and severe headache; occasionally produces shock and

hemorrhage leading to death in 5% of cases.

Yellow fever - mosquito-borne viral disease; severity ranges from

influenza-like symptoms to severe hepatitis and hemorrhagic fever;

occurs only in tropical South America and sub-Saharan Africa, where

most cases are reported; fatality rate is less than 20%.

Japanese Encephalitis - mosquito-borne (Culex tritaeniorhynchus)

viral disease associated with rural areas in Asia; acute

encephalitis can progress to paralysis, coma, and death; fatality

rates 30%.

African Trypanosomiasis - caused by the parasitic protozoa

Trypanosoma; transmitted to humans via the bite of bloodsucking

Tsetse flies; infection leads to malaise and irregular fevers and,

in advanced cases when the parasites invade the central nervous

system, coma and death; endemic in 36 countries of sub-Saharan

Africa; cattle and wild animals act as reservoir hosts for the

parasites.

Cutaneous Leishmaniasis - caused by the parasitic protozoa

leishmania; transmitted to humans via the bite of sandflies; results

in skin lesions that may become chronic; endemic in 88 countries;

90% of cases occur in Iran, Afghanistan, Syria, Saudi Arabia,

Brazil, and Peru; wild and domesticated animals as well as humans

can act as reservoirs of infection.

Plague - bacterial disease transmitted by fleas normally associated

with rats; person-to-person airborne transmission also possible;

recent plague epidemics occurred in areas of Asia, Africa, and South

America associated with rural areas or small towns and villages;

manifests as fever, headache, and painfully swollen lymph nodes;

disease progresses rapidly and without antibiotic treatment leads to

pneumonic form with a death rate in excess of 50%.

Crimean-Congo hemorrhagic fever - tick-borne viral disease;

infection may also result from exposure to infected animal blood or

tissue; geographic distribution includes Africa, Asia, the Middle

East, and Eastern Europe; sudden onset of fever, headache, and

muscle aches followed by hemorrhaging in the bowels, urine, nose,

and gums; mortality rate is approximately 30%.

Rift Valley fever - viral disease affecting domesticated animals and

humans; transmission is by mosquito and other biting insects;

infection may also occur through handling of infected meat or

contact with blood; geographic distribution includes eastern and

southern Africa where cattle and sheep are raised; symptoms are

generally mild with fever and some liver abnormalities, but the

disease may progress to hemorrhagic fever, encephalitis, or ocular

disease; fatality rates are low at about 1% of cases.

Chikungunya - mosquito-borne (Aedes aegypti) viral disease

associated with urban environments, similar to Dengue Fever;

characterized by sudden onset of fever, rash, and severe joint pain

usually lasting 3-7 days, some cases result in persistent arthritis.

water contact diseases acquired through swimming or wading in

freshwater lakes, streams, and rivers:

Leptospirosis - bacterial disease that affects animals and humans;

infection occurs through contact with water, food, or soil

contaminated by animal urine; symptoms include high fever, severe

headache, vomiting, jaundice, and diarrhea; untreated, the disease

can result in kidney damage, liver failure, meningitis, or

respiratory distress; fatality rates are low but left untreated

recovery can take months.

Schistosomiasis - caused by parasitic trematode flatworm

Schistosoma; fresh water snails act as intermediate host and release

larval form of parasite that penetrates the skin of people exposed

to contaminated water; worms mature and reproduce in the blood

vessels, liver, kidneys, and intestines releasing eggs, which become

trapped in tissues triggering an immune response; may manifest as

either urinary or intestinal disease resulting in decreased work or

learning capacity; mortality, while generally low, may occur in

advanced cases usually due to bladder cancer; endemic in 74

developing countries with 80% of infected people living in

sub-Saharan Africa; humans act as the reservoir for this parasite.

aerosolized dust or soil contact disease acquired through inhalation

of aerosols contaminated with rodent urine:

Lassa fever - viral disease carried by rats of the genus Mastomys;

endemic in portions of West Africa; infection occurs through direct

contact with or consumption of food contaminated by rodent urine or

fecal matter containing virus particles; fatality rate can reach 50%

in epidemic outbreaks.

respiratory disease acquired through close contact with an

infectious person:

Meningococcal meningitis - bacterial disease causing an inflammation

of the lining of the brain and spinal cord; one of the most

important bacterial pathogens is Neisseria meningitidis because of

its potential to cause epidemics; symptoms include stiff neck, high

fever, headaches, and vomiting; bacteria are transmitted from person

to person by respiratory droplets and facilitated by close and

prolonged contact resulting from crowded living conditions, often

with a seasonal distribution; death occurs in 5-15% of cases,

typically within 24-48 hours of onset of symptoms; highest burden of

meningococcal disease occurs in the hyperendemic region of

sub-Saharan Africa known as the "Meningitis Belt" which stretches

from Senegal east to Ethiopia.

animal contact disease acquired through direct contact with local

animals:

Rabies - viral disease of mammals usually transmitted through the

bite of an infected animal, most commonly dogs; virus affects the

central nervous system causing brain alteration and death; symptoms

initially are non-specific fever and headache progressing to

neurological symptoms; death occurs within days of the onset of

symptoms.

Manpower available for military service

The 2010 CIA World Factbook · 第 4 / 461 段