Tóm tắt

The Cambodian legal system is a statutory law system, which means it is mostly based on written law set up by a legislature. Sources of law in Cambodia are numerous and can be classified in two categories: the primary sources and the secondary sources. The primary sources include the formal laws issued by State competent authorities. All written legal instruments issued by the authorities of the State are kept in the Royal Gazette. International law is also an integral source of Cambodian law according to a 2007 decision of the Constitutional Council: the word “law” in Cambodia can mean both domestic and international law. The secondary sources are more informal: customs, traditions, doctrine and judicial decisions. In civil cases, when there is no written law pertaining to the case or when the law is not clear enough, the judge can consider customs, traditions, conscience and equity.2 As for past judicial decisions, while in Cambodian courts other than the Extraordinary Chambers in the Courts of Cambodia, they are not often referred to, they are at the Arbitration Council, a quasi-judicial body where collective labour disputes are resolved.