CHAPTER 2

international law

"The body of rules that has been accepted as such by the international community"

differences between modern civil law and common law countries

- Civil law judges do not create binding precedent - Civil law judges take a more inquisitorial role in criminal cases - In contract cases, civil law judges do the work of both judge and jury

US Alien Tort Statute

- Enacted in 1789, gives federal courts jurisdiction over civil actions for damages brought by non-US citizens for injuries occurring overseas - Used now for human rights cases brought against U.S. multinational companies

international business and human rights

- Growing international consensus on business ethics and social responsibility - International human rights law protects individuals and groups from acts of governments that violate rights

international court of justice

- Jurisdiction of the International Court of Justice: cases brought by nations against other nations; no individuals - Enforcing judgments by world opinion

origins of common law systems

- The root is the Normandy region of France, transplanted to England in 1066 by William the Conqueror - All justice flowed from the King and the King's Courts. Introduced feudalism and trial by jury - Judges decided Cases and shared them with other judges- cases are legal precedent

saudi arabian legal system

- all saudi citizens must be of muslim faith - sharia courts hear cases involving crimes, family matters, property and torts

origins of civil law systems

- based originally on early roman codes - followed by napoleonic codes of 1800s - followed by germanic codes of 1900s

distinguishing characteristics of international law

- consists of rules countries agree to follow - not dictated by a legislative body - has no global authority for enforcement - international courts can issue judgements - the countries have to agree to be parties to these cases

islamic law

- islamic judges do not issue written opinions - the sunna is the written record of the teachings and actions of muhammad

non self executing treaty

- one without direct effect - requires some additional legislative act before it becomes enforceable in national courts

transnational business crime

- white collar crime -bribery and corruption - tax evasion, customs fraud

factors driving uniformity in international business law (5)

1. accelerating forces of free trade 2. need for nations to cooperate 3. intergovernmental organizations 4. international tribunals 5. roles of private industry organizations and trade associations

UN convention against corruption

1. criminalize the offering or giving of a bribe 2. criminalize money laundering 3. improve enforcement by changing national bank secrecy laws 4. establish corporate criminal liability for legal entities

international law offers solutions to (5)

1. human rights abuses 2. pollution 3. transnational crimes 4. international terrorism 5. but enforcement is dependent on nations working together

sources of international law

1. international treaties and conventions 2. international custom 3. general principles of law recognized by civilized nations

factors influencing differences in international business law

1. national courts interpretations 2. differences in national legal systems 3. varying levels of economic development 4. national attitudes toward economics

public international law

Governs the conduct of nations with other nations or in their relationship with individuals; norms regarded as binding on all members of the international community - examples - resolving boundary disputes or how nations treat foreign citizens

territoriality

a nation's jurisdiction over all persons places and property within the territory, airspace, or territorial waters of a country and to crimes committed on vessels flying that nations flag

law merchant

accepted customs and practices of ancient and miadeaval merchants, traders, bankers, mariners and ship owners

protective principle

allows for jurisdiction over non citizens for acts committed abroad on the basis of a country's need to protect its national security, vital economic interests, and governmental functions

UN convention on contracts for the international sale of goods

applies to international sales between buyer and seller in countries that are party to the convention

FCN treaties

bilateral agreements that provide protection to foreign nationals doing business in host country

treaty

binding agreement between two or more nations - bilateral - 2 nations - multilateral - 3 or more

international business law

body of law and regulations, derived from national and international sources, that governs cross-border business transactions, the activities of those doing business in foreign countries or subject to the jurisdiction of the foreign courts

justinian code

classified legal rules and organized them into a logical system that created a body of law in a form that could be learned, understood and applied

contracting parties

countries that have ratified

private international law

deals with the rights and responsibilities of private individuals or corporations operating in an international environment

modern japan

example of legal change for necessity

reservation

exception to a treaty set out by a signatory country at the time of ratification

ratification

formal expression of a nation's consent

organization for economic cooperation and development

guidelines encouraging responsible business conduct

transnational organized crime

illegal drug and firearms trade, smuggling, human trafficking, prostitution and sex crimes, cyber crimes, money laundering

civil law

in reference to the laws affecting private rights and remedies, such as contract law, family law, inheritance law, tort law

code of conduct

in the united states, the guidelines for sentencing corporate offenders allow for reduced fines and sentences if a defendant can show that it has a code of conduct and compliance program to reduce the likelihood of criminal conduct

customary international law

includes those commonly accepted rules of conduct that, through a consistent and long-standing practice, nationals have followed out of a sense of binding obligation - examples = slavery, piracy, genocide

nationality

individuals and corporate citizens owe duties to comply with the laws of their countries of nationality no matter where they are in the world

pakistani legal system

influenced by british, but governed by islamic principles

international labor organization

international labor standards for basic worker rights - promote the rights of workers - create decent employment opportunities - eliminate child labor - foster ideas

abrogation

is an act of legislature that renders a treaty null and void

diplomatic protection

is the right of the nation to take diplomatic or judicial action to protect the rights of a person to whom it has granted nationality

passive personality

jurisdiction gives a country the right to hear cases stemming from crimes committed against their own citizens by non citizens outside of their own territories

convention

legally binding multilateral treaty of matters of common concern - example - prisoners of war, lost baggage reimbursement

protocol

modifies or adds to a treaty or convention, or that deals with matters less significant than those dealt with in treaties

signatories

nations adopting treaty

compulsory jurisdiction

nations that agree to submit certain types of cases to the ICJ are said to have submitted to compulsory jurisdiction

CERES Principles

network committed to environmentally and socially conscious business principles

self executing treaty

one that automatically creates rights that are enforceable in the courts of that country, without any further legislative action

UN global compact

partners who pledge to support voluntary principles on human rights, labor standards, the environment, and corruption

universality

principle of jurisdiction permits any country to prosecute perpetrators of the most heinous and universally condemned crimes regardless of where the crimes occurred or the nationality of the perpetrators or the victims - examples - war crimes, torture, genocide, crimes against humanity, slavery

extraterritoriality

principle that a nation can project its laws beyond its territorial borders

napoleonic code

roman principles as the basis for consolidating all french law into one code

jurisdiction

the power of a court to act

common law system

where the reasoned decisions of judges become the law of the case, a legal precedent that binds judges in deciding similar cases in the future