International Law

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Forms of International business

Back 1

Trade
Licensing
Foreign investment

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Absolute Advantage

Back 2

Nations should concentrate on producing products that are efficient, and sell the excess

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Comparative advantage**

Back 3

nations should produce and trade what you can produce cheaply

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Importing

Back 4

goods and services bought from a foreign country

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exporting

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goods and services sent to a foreign country

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Things that affect trade

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Tarriffs, Non tariffs barriers, embargo's, quotas, boycotts

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Tariff

why

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Taxes or duties on imported goods (barrier to trade)

To protect domestic goods or to punish other countries

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Quotas

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limitation on how many goods can be imported or exported
mostly focuses on imports to protect existing industries

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Non tariff barrier

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health related laws that restrict sales from on country to another

Ex: europe banned genetically modified foods, therefore America cannot sell it to them

Ex: car laws (navigation system or 6 bolts in Zimbabwe)

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Boycotts and embargos

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Boycott- refusing to purchase any goods from a certain nation, usually political

Embargo- a total or near total ban on trade with a certain country

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things that affect trade

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competitors, payments (how will they pay), language or cultural issues

ex: no pork at McDonalds in middle eastern countries

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Intellectual property

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patents, copyrights, trademarks

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Patents

Back 13

protect inventions, they have to be registered

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copyrights

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protect artistic work

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trademark

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protected logo or symbol anything that identifies a product

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Foreign investment

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having an industry in a foreign, wholly owned, it was created under the foreign government laws, first created in the us than created under corporate structure of mexico

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Joint venture

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you and another company in another country work together, one side puts in the money the other side puts in the expertise and local know how

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Aquire

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purchase a local company and run it, you are putting money directly into another country

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Public International Law

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every country has independence that must be respected, every country has the right to defend itself

Rules affecting the conduct of nations v individuals and nations v nations

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Private International Law

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rights and responsibilities of individuals and corporations in the international enviorement

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sources of International law

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Customary and Treaties and Conventions

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CUstomary

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custom or tradition , rules that have been around for a while

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Treaties and Conventions

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agreements between two nations, can cover any subject matter, 2 nations is bilateral, multi national , multilateral or convention, usually comes about when an organization or nation holds several meetings on drafting a treaty, UN begins most of these

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Secondary sources of International law

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international organizations, court opinions, scholarly writings, publications of law

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US alien claims act of 1789

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District courts will have original jurisdiction of any civil action by an alien for only tort laws, committed in violation of the law of nations or a treaty of US

Courts can hear any lawsuit by an alien/foreigner regarding a tort committed in violation of alaw of nations or treaties

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3 violations of International law (1789 act)

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Safe Conduct, infringing rights of ambassadors, and piracy

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What has to happen for customary Int'l law to be violated

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violations of very definite norms that are accepted by the civilized world and defined w/ specifics

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Protocol

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modifications or an addition to an existing treaty

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Reservations

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when a party disagrees w/ certain language or it conflicts w/ domestic laws and they want to be exempt from that section

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Ratification

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they have to sign it each country has its own form of adopting it into the country

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Treaty ratification in the US

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2/3's of senate has to agree

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Applying a treaty

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vienna conventions ont he law of treaties, provides guidlines

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Self executing treaty

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already domestic no further actions are needd, it automatically becomes domestical law, no private cause of action unless a treaty is self executable, a person cannot use a treaty to sue another country or their own government unless it is self executable

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Non selfexecutabble

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you need domestic legislation to bring a private individual lawsuit against the nation

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Jurisdiction (int'l criminal law)

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between individuals , int'l law covers those that held official positions in gove, organized crime

genocide, crimes against humanity and war crimes

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enforcement of these issues

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domestics courts can enforce, they may no be able to or want to

International courts exist

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ICC

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Rome statue of 1988, US did not sign it, they can only try someone from the states that signed it, or a crime that took place in a country that signed the rome statue, or can be refferred by the security council

very broad jurisdiction

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complimentarity

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if the national court is willing to prosecute this crime ICC wont take it, they are the last jurisdiction , they can send out arrest warrents

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domestic courts jurisdiction

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territorial, nationality, protective principle,passive personality, and universal jurisdictions

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Territorial

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subjective- the crime is committed in the country

objective, the crime is committed outside the country but has substantial effects within the territory

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Nationality

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courts ahve jurisdiction of all their citizens regardless of where they are or where the crime was committed

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protective principle

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juris over non citizens who committed crimes abroad, the crime has to ahve an impact on this countries national security or a vital government function

terrorism cases

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Passive personality

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court can hear a case regarding crimes agaisnt their own citizens by foriegners abroad

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Universal jurisdiction

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any country can prosecute crimes that are unversally condemned

regardless of nationality , or where the crime was committed

ex: genocide

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Comity

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willingess of a court , will respect the rules of decisions of another court

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Act of state doctrice

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a government has immunity from a lawsuit from another country

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United nations

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to bring all nations in the world together to work for peace and development

human justice, well being and peace

the rules come from the ICJ, security council resolutions and general assembly resoultions

the resolutions are non binding, 192 members, no one can enforce

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Security council

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binding resolutions ont he member states

permanent members US russies China UK and france

non perm are elected every two years by general assembly

Differences- voting rights are dife, everyone has one vote but permanent countries have veto power one veto is enough to squash a resolution