LAW Chapter 9

Sovereign immunity holds that the courts of one nation lack the jurisdiction (power) to hear suits against foreign governments (as defendants). With some exceptions just read them

- A lawsuit is permitted against a foreign country that waives its immunity, that is, voluntarily gives up this protection. - A plaintiff in the United States can sue a foreign country engaged in commercial, but not political, activity. - A plaintiff in this country may sue a foreign government that has confiscated property in violation of international law, provided that the property either ends up in the United States or is involved in commercial activity that affects someone in the United States

What are the concepts of common law?

- An adversarial process of dispute resolution presided over by an impartial judge · The doctrine of stare decisis, which requires judges to base their decisions on prior cases. · A jury that determines questions of fact.

If international organizations consist of many states, they are intergovernmental organizations (IGOs), which are typically established by treaties. :)

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Over time, patterns of states' behavior, action, and inaction crystallized into the rules of CUSTOMARY INTERNATIONAL LAW, which is binding on all states unless they specifically object or enact a treaty to the contrary. :)

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Regional trade agreements (RTAs) reduce trade restrictions and promote common trade policies among neighboring member nations. :)

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The International Criminal Court was created in 2002 to prosecute individuals who participate in genocide, crimes against humanity, war crimes, and aggression :)

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The WTO is empowered to settle trade disputes between its member states. If a country refuses to comply with the WTO's ruling, affected nations may retaliate by imposing punitive tariffs or other measures. The International Chamber of Commerce (ICC) is the world's largest global business organization. -Its purpose is to facilitate international business :)

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Within its borders, a state has sovereignty, or the absolute authority to rule its people and its territory. :)

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· as a general rule, U.S. statutes do not apply abroad, unless the laws themselves explicitly say so. :)

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Shari'a is based on the Muslim holy book, the Koran, and the teachings and actions of the Prophet Muhammed :)

:) Some of its important principles are: · The payment and collection of interest is prohibited because it causes unfair enrichment. Financial investments in companies or industries that do not align with Muslim values are also prohibited. · The concept of gharar prohibits any contract gain that is not clearly outlined at the time of contract, especially when it involves risk and deception.

International Law It consists of rules, principles, and well-established practices that apply to the conduct of states, international organizations, businesses, and individuals across borders. :)

:) It is important to distinguish between two branches of international law: public and private

A treaty is RATIFIED when a nation indicates its intent to be bound by it. :)

:) To take effect in the United States, treaties must be approved by at least two-thirds of the Senate.

states use REGIONAL AGREEMENTS to band together for both political and economic reasons. :)

:) think EU

What is a convention?

A convention is a treaty on a specific issue that affects multiple participants,

What is a custom?

A custom is a widely accepted way of doing something.

A protocol is

A protocol is an amendment to a treaty

what is a tariff

A tariff is a tax on an imported good. By increasing the price of the foreign competitor, tariffs advantage domestic businesses.

What is a treaty?

A treaty is an international agreement governed by international law. Also known as conventions, pacts, charters, and covenants,

What is the New York Convention?

An international treaty that provides rules for the recognition and enforcement of foreign arbitral awards.

What is Arbitration?

Arbitration is a binding process in which the parties submit their dispute to a neutral private body for resolution. It is generally faster, more private, less expensive, and less political than litigating in foreign courts

Quiz Questions: What is the name of the doctrine under which a nation's courts accept the validity of the actions of a foreign nation that are committed by the foreign nation in its own territory? A the forum selection doctrine B the principle of comity C the sovereign immunity doctrine D the act of state doctrine

D the act of state doctrine

What is Extraterritoriality?

Extraterritoriality is the power of one nation to impose its laws in other countries. Conflict of laws refers to the analysis courts apply to decide which law rules when a case involves the laws of more than one jurisdiction.

What are nongovernmental organizations (NGOs)?

International organizations do not make law but are critical to its development and enforcement and operate independently of any government,

Explain Jus cogens

Jus cogens (or "compelling law," again in Latin) are norms that have attained the highest legal status in international law. No exception or derogation is permitted from these fundamental rules. Prohibitions on slavery, genocide, piracy, and torture are examples of jus cogens.

What is Private international law?

Private international law applies to private parties (such as businesses and individuals) in international commercial and legal transactions. It deals with two fundamental issues: Which law applies to a private agreement? How will people from one country settle their private disputes with parties on foreign soil?

What is Public international law?

Public international law is the law governing relations among governments and international organizations. It includes the law of war (yes, we have to fight fair), the acquisition of territory, and the settlement of disputes among nations.

What are Reparations?

Reparations consists of restitution of the original situation if possible, compensation if restitution is not possible, or apology if neither is possible.

What is comity

When states share common values and public policy, they defer to the laws and judicial decrees of the other.

What is the World Trade Organization (WTO)

World Trade Organization (WTO) is the principal international organization overseeing trade rules and disputes among its members

Explain Comparative advantage

a theory developed by nineteenth-century economist David Ricardo, posits that citizens of the world will benefit overall if each country produces whatever goods it can make most efficiently and then trades them for goods that other countries make more efficiently.

For an international arbitration to take place under the New York Convention, which of the following must be true? Choose 2 answers. a Any nation may conduct the arbitration. b The agreement to arbitration clause arises out of a commercial legal relationship. c The arbitration may include any number of parties from any signatory nation. d The parties must have a written agreement for arbitration.

b The agreement to arbitration clause arises out of a commercial legal relationship. d The parties must have a written agreement for arbitration.

What is the type of international law that evidences a practice developed over the course of a relationship between nations that is accepted as law? a an international convention b comity c an international custom d an international standard

c an international custom

Under which of the following will one nation recognize and give effect to the laws and judicial decrees of another nation? a an international convention b an international custom c the principle of comity d the act of state doctrine

c the principle of comity

An agreement or contract between two or more countries that must be authorized and ratified by the governments of each country is what type of international law? a comity b uniform rules c international standards d a treaty

d a treaty

the main principle of civil law is that the law is found primarily in

in the statute books, or codes. other parts of civil law tradition · An inquisitorial process of dispute resolution, in which the judge acts as interrogator and investigator. Judges rely more on written submissions than on lawyers' oral arguments. · Courts base their judgments on the code and statutes and on the writings of law professors. Civil code systems do not use juries.

What are nontariff barriers?

nontariff barriers are other government regulations that act to restrict trade. A government might impose stricter standards on health and safety requirements of foreign-made goods, effectively limiting their entry.

What is Pacta sunt servanda?

the requirement to abide by a treaty in good faith—is one such principle

What is Foreign enforcement?

Foreign enforcement means that a judgment rendered outside a country can be collected inside, just as an internal judgment can be.

What is Foreign recognition?

Foreign recognition means that a decision by a court outside a country is legally valid inside.