International Business Law

Front 1

Comity?

Back 1

The practice or courtesy exisiting between states of treating each other with goodwill and civilty.

Front 2

Multilaterial treaty?

Back 2

Treaty between more than 2 states

Front 3

Bilateral treaty?

Back 3

Treaty between two states.

Front 4

Convention?

Back 4

Legally binding agreement between states sponsored by an international organization

Front 5

Custom?

Back 5

A long established tradition or usage that becomes customary law if it is 1) consistently and regularly observed and 2) recognized by those states that follow it as a practice that they must obligatorily follow

Front 6

General principles?

Back 6

Principles of law common to the world's legal system

Front 7

Jus cogens?

Back 7

A norm from which no derogation is permitted ("compelling law")

Front 8

International law?

Back 8

Applies to any conduct outside the boundaries of states

Front 9

Usus.

Back 9

A consistent and recuring practice

Front 10

Treaties?

Back 10

Formal agreements between one or more nations

Front 11

Conventions?

Back 11

Agreements sponsored by international organizations

Front 12

What two elements must be proven that a particular practice is customary law?

Back 12

1. Usus
2. Opinio juris sive necessitatis (the opinion that the rule is necessary)

Front 13

An individual state will be excused from observing a customary rule of international law if it_________?

Back 13

Persistently objects durings its formative stages

Front 14

General principles?

Back 14

Law that is common to the legal systems globally

Front 15

What are the 2 doctrines to determine if international law is applicable?

Back 15

1. Doctrine of transformation
2. Doctrine of incorporation

Front 16

Doctrine incorporation?

Back 16

Customary international laws are part of the local law to the extent that they are not inconsistent with prior municipal legislation or judicial decisions of final authority.

Front 17

Doctrine of transformation?

Back 17

Customary international law is not applicable

Front 18

Self-executing treaty?

Back 18

The treaty applies immediately.

Front 19

Inchoate states?

Back 19

States which lack some attribute required to be treated as a fully indepedent state (e.g territory, population)

Front 20

Constitutive doctrine?

Back 20

A government does not truly come into existence until such time as it is recognized by other states and participates in the international arena.

Front 21

Territorial sovereignty?

Back 21

The right to exercise the functions of a state within a territory

Front 22

Estoppel?

Back 22

One cannot make an allegation or fact that is contrary to one's previous actions or words

Front 23

Charter?

Back 23

A document outlining the prinicples, functions and oragnization of a juridical entity.

Front 24

Most important IGO is...

Back 24

United Nations

Front 25

What are the 3 EU institutions and what are their functions?

Back 25

1. European commission: administrative and executive branch
2. Council of the EU: rule-making institution
3. European Parliament: principal EU deliberative and supervisory body.

Front 26

Supremacy princples?

Back 26

1. Members states are required to bring international laws into compliance with EU laws
2. EU law is directly effective within member states

Front 27

Customs union?

Back 27

A group of states that have reduced/eliminated trader barriers a mong themselves and have established a common external tariff

Front 28

FTA?

Back 28

A group of states that have reduced / eliminated trade barriers among themselves but maintani individual tariffs in dealing with other states

Front 29

common law system is based on...

Back 29

Precedents, stare decisis (to stand by things decided). UK and US

Front 30

Civil law system is based on...

Back 30

written rules e.g Germany + Japan

Front 31

What are the 3 ways of settling a dispute through diplomacy?

Back 31

1. Negotiation
2. Mediation (good offices for communication, conciliation for formal proposal)
3. Inquiry (fact-checking)

Front 32

Arbitration?

Back 32

Binding judgement of third person.

Front 33

What are the ICJ's two kinds of jurisdiction?

Back 33

Contentious and advisory

Front 34

Contentious jurisdiction?

Back 34

ICJ is limited to suits between states that have given their consent to be sued by the ICJ

Front 35

Advisory jurisdiction?

Back 35

lets the Court advise the UN and its specialized agencies about matters of international law.

Front 36

Forum prorogatum.

Back 36

Implied consent.

Front 37

What are the 3 ways a case brought before the ICJ can end?

Back 37

1. Out-of-court settlement
2. Issuance of a judgement
3. Withdrawal of the complaining state

Front 38

Nexus?

Back 38

Legitimate connection

Front 39

To acquire jurisdiction in a criminal proceeding, a municipal court must establish that the forum has some_________ with the _______.

Back 39

Nexus, accused.

Front 40

Territorial nexus?

Back 40

When a crime occurs in a forum's territory.

Front 41

Nationality nexus?

Back 41

If the accused is a national of the forum

Front 42

Protective nexus?

Back 42

If some national interest in the forum was injured

Front 43

Universality nexus?

Back 43

Crimes of universal concern e.g genocide, war crimes

Front 44

Restrictive sovereign immunity?

Back 44

State is immune from suit in cases involving injuries that are a result of its governmental actions but not immune when the injuries result from a purely commerical or nongovernmental activity

Front 45

Choice of law rules?

Back 45

Courts faced with decidding civil suits from different coutnries have to determine whether to apply the law of their own state or the law of some other state.

Front 46

What is the 2 step procedure for deciding 'choice of law'?

Back 46

1. If parties have agreed on application of laws of a particular country, use those.
2. If not, statutory dictates, most significant relationship and which state has the greatest interest in the outcome of the case

Front 47

Vesting of rights?

Back 47

A court is to apply the law of the state where the rights of parties to a suit became legally effective.

Front 48

Most significant relationship test?

Back 48

When a court looks to see which state has the most contacts with the parties and their transaction.

Front 49

Forum non conveniens?

Back 49

Allows a court to refuse to hear a case at all when to do so would be either unfair or inconvenient.

Front 50

What does the Sherman Antitrust Act Section 1 detail?

Back 50

Prohibits contracts, agreements and conspiracies which restrain interestate or international trade.

Front 51

per se violations?

Back 51

Automatically illegal violations

Front 52

What are the 4 violations of the Sherman Antitrust law?

Back 52

1. Horizontal price fixing
2. Vertical price fixing
3. Horizontal market division
4. Joint refusals to deal

Front 53

What is in the Sherman Antitrust Section 2?

Back 53

Forbids monopolies and attempts to monopolize

Front 54

Robinson-Patman act?

Back 54

Makes price discrimination illegal

Front 55

Clayton Act

Back 55

Gives more teeth to the Sherman Act

Front 56

Articles 81 and 82 (Europe) are very similar to the______of the country________.

Back 56

Sherman Act, US.

Front 57

Blocking statues?

Back 57

These make it difficult for plaintiffs to obtain evidence for use in the US or the EU and let losing defendants bring a suti to recover the punitive damages they had to pay in the EU or US.

Front 58

Res ipsa loquitur?

Back 58

The plaintiff does not have to show that the defendant caused the defect if the defect existed while the product was in the defendants possession.