7 Flashcards
national vs international law
national:
gov authorities can enforce the laws
International:
doesn’t have one nation responsible, makes enforcement more complicated. If nation violates international law, other nations may be forced to take action against them
Sources of International Law
- International customs
2.Treaties and international agreement( international contracts)
3.General principles
4.International organizations (learned scholars)
what are international customs and what do they require?
-requires practice (common actions)
-opinio juris (proves they are acting that way because they feel obligated)
“check how countries treat refugees,if they act the same way,practice requirement is met”
possible consequence: binding on all countries
comparative law is ______
the study of the national laws of various nations. “comparing/contrast various countries, how are the various world laws handled?”
What are international organizations composed of
representatives from member nations, usually established by treaty. Usually just advisory though
What are the International Principles of Doctrines
- The principle of comity
- The act of state doctrine
3.The doctrine of sovereign immunity
Whats The principle of comity
-widely accepted
-one nation defers to the laws of another nation,as long as laws are consistent with the laws and public policy of other nations
“nations are sovereign, leave other countries alone to govern themselves”
“wont get involved unless theres a reason(human rights)”
“the US would prefer if they follow their law, wont get involved of laws of other nations(statement)”
What’s The act of state doctrine, why can it be relevant to businesses?
-a country can’t interfere with another nations acts since it’s from said nation’s territory
-the judicial branch of one country will not examine the public acts of another foreign gov within its own territory
- is important for businesses in foreign countries in determining whether property was confiscated or expropriated
“relevant if country confiscates business assets,foreign companies that set operations outside home country,military of home country can take over.If the gov did it over their own territory,company cant do anything”
confiscation v expropriation
Whats the doctrine of sovereign immunity?
-1976 Foreign Sovereign Immunities Act (FSIA)
-Immunizes foreign nations from the jurisdiction of the US courts
-also a US statute
A foreign nation isn’t immune from jurisdiction in the following situations (under The doctrine of sovereign immunity):
- foreign nation waives its immunity,either explictly or by implication
2.foreign nation has engaged in commercial activity in the US or outside the US that has a direct effect on the US - foreign nation has committed a tort in the US or has violated certain international laws (universal jurisdiction: came out of WW2, ex: if Nazi official is found,any country gets them)
“dont get involved in laws and affairs of other countries”
International Tort Claims,what do they contrast (US laws in global context)
Alien Tort Claims Act (ATCA) allows foreign citizens to bring their issues to US courts for being violated of their international law or a treaty of the US (hasnt been used in the past 15 years,few circumstances)
“US statute, they contrast doctrines and say to get involved.made US court a protector for those who need it”
Civil Dispute Resolution
-international contracts typically use arbitration to resolve disputes
“alternative to court,call witnesses”
“98% get enforced by home nations”
-nations should recognize and enforce awards made in other countries (and frequently do)
Direct vs Indirect Exporting
direct: a US company contracts with a foreign purchaser for the sale of goods
“not within US,no middle man,reduced costs,most who use it have knowledge abt buying countries and their laws/rules/taxes”
Indirect: Using a specialized marketer within a foreign country to act as a foreign agent or distributor
“US hires a marketer to act as their agent, if a country is new to this indirect exporting is recommended”
What are Export controls
-rules in place to minimize exporting
-Congress sets quotas on certain items(medicine,tech)
-some goods recieve subsidies and incentives to encourage exports
What is and why Manufacture Abroad
-build your own manufacturing plant
why:
-done to decrease costs
-many countries guarantee that businesses will be compensated if their property is taken (expropriation vs confiscation)
What can US companies do when manufacturing abroad
-license foreign representatives to produce its goods
“ex: foxconn produces apple/samsung products, have to pay,lose their trade secrets”
-companies can also set up a subsidiary in the foreign country
“subsidiary:set up a smaller company owned by US company but that’s set in foreign area “
-companies can enter into a joint venture
“2 seperate companies get together to co own 3rd company as each have strengths in dif areas,in centives are equally aligned,get paid either way”
