BLAW CHAPTER 5 Flashcards
What are the 2 branches of international law
-Public international law
-Private International law
Public international law
-The law governing relations among governments/ international organizations
-Laws of war, acquisition of territory, etc.
-Sea, environment, outer space
-Basic rules of human rights
Private International Law
-Applies to businesses and individuals in international commercial and legal transactions
What are the 2 fundamental questions of Private Law?
-Which law applies to a private government?
-How will people from one country settle their private disputes with parties on foreign soil?
3 major sources of international law
-Treaties
-Customs
-General Principles of Law
Binding, written agreement between 2 or more states or international organizations that states their duty to eachother
TREATY
Convention
A treaty on a specific issue that affects multiple participants
Adopted treaty
-When those who have drafted the treaty agree that it is in final form and ready to be ratified
Ratified treaty
-When a nation indicates its intent to be bound by the treaty
Customary international law
-Widely accepted way of doing something so over time the patterns of behavior/actions are crystallized into the rules
-BINDING ON ALL STATES UNLESS THEY SPECIFICALLY OBJECT OR ENACT A CONTRARY TREATY
Jus Cogens
AKA “Compelling Law”
-Norms that have attained the highest legal status in international law
General Principles of Law
-Legal norms existing among nations
-Binding on all states unless they specifically object or enact a treaty
-Based on mutual respect and courtesy
Comity
-When states share common values and public policy, they defer to the laws and judicial decrees of the other as long as they are fair
Soverignty
-A country’s absolute authority to rule its people and territory
Examples of general principles of law
-Comity
-Sovereignty
-Sovereign immunity
Sovereign Immunity
-The courts of one nation lack the jurisdiction to hear lawsuits against foreign governments as defendants
4 ACTORS IN INTERNATIONAL LAW
- States/Nations
- Regional alliances
- International organizations and dispute resolution
- Individuals
Actors of international law: States/Nations
-Most influential/most responsibilities
-Liable for breaches of their international obligations
Reparations of States/Nations
-The amends states must make to one another after a breach of international law
-Restitution
-Compensation
-Apology
Actors of international law: Regional alliances
-Collection of sovereign nations that band together for both political and economic reasons
Regional alliances: EU
-European union
-Created the euro
-Created a unified foreign and security policy
-Created a common citizenship
Regional alliances: USMCA
-United States-Canada-Mexico agreement
-Digital trade is regulated
-Environmental regulations are easier to enforce
-Workers rights are protected
-Rules on intellectual property
Actors of international law: International Organizations and dispute resolutions
NGO and IGO
NGO
-Nongovernmental organization
- an entity not affiliated with any government
-formed to provide services and advocacy on a range of issues
EXAMPLES: Red cross and save the children
IGO
-Intergovernmental organizations
- supranational entity of states established by treaty
EXAMPLES: Negotiations, arbitrations, submitting issues to international courts
The UNITED NATIONS
-193 countries
-The UN Charter sets out the organizations governance
-The secretariat- administers day to day operations
-General Assembly- the lawmaking body, elects members
-Security council- charged with maintaining international peace
5 permanent members of the United Nations
- China, France, Russia, UK, US
UNDER UN: WIPO
-World intellectual property organization
-Protects intellectual property like patents, copyrights, internet domain names, etc.
UNDER UN: UNCITRAL
-UN commission on international trade law
-Aims to harmonize by proposing model legislation on e-commerce and international payments
UNDER UN: IMF
-International Monetary Fund
-Fosters worldwide economic growth and financial stability
UNDER UN: World Bank
-Mandate is to end poverty by encouraging development: loans money to the poorest countries
ICJ
-International court of justice
-AKA World Court
-Settles international legal disputes and gives advisory opinions to UN and its agencies
-15 elected judges from 15 countries
Under GATT: National Treatment
Countries may not discriminate against foreign goods by imposing additional sales/taxes/standards that don’t apply to domestic goods
GATT
-General agreement on Tariffs and Trade
-Free trade- reduce trade barriers
-Most favored nation- countries must treat all member states equally
WTO
-World Trade organization
-Mission is to promote free flow of trade
-Oversees trade rules and disputes among its members
-Monitors national trade policies to ensure they dont unfairly protect domestic industries
International Chambers of Commerce
- Facilitates international business
-Advocates on matters of international business policy and develops uniform rules to aid cross-border transactions
ICC- Incoterms rules
-Defines a series of three letter codes commonly used in international contracts for sale of goods
FOB
free on board
-the buyer must pay for transportation
ICA
-International Court of Arbitration
-Operated by the ICC, it hears over half the worlds private commercial disputes
-Politically neutral
Decision of the ICA is called…
-Award
-Enforced by domestic courts in 145 countries
Actors of international law: Individuals
-International Criminal Court prosecutes people who participate in genocide, war crimes, etc.
-Court of last resort
Which statute governs the International Criminal Court?
Rome Statute
The 3 world legal traditions
- Common Law
2.Civil Law - Religious Legal Systems (Shari’a)
Common law
-An adversarial process of dispute resolution presided over by an impartial judge
-Stare Decisis
Civil Law
-An process of dispute resolution where the judge acts as an investigator
-Courts base judgements on statues
Religious Legal Systems
-Islamic Law, or Shari’a
-Business relationships, personal/family matters/daily life
-Based on the Koran
-Doctrines promote honesty and transparency
Extraterritorality
-The power of one nation to impose its laws in other countries
General Rule
U.S. statutes do not apply abroad unless the laws themselves explicitly say so
Foreign recognition
A decision by a court outside a country is legally valid inside
Foreign enforcement
A judgement rendered outside a country can be collected inside
Uniform Foreign Money Judgements Recognition Act
-US courts will recognize foreign judgements only if:
-Award was based on a full and fair trial
-Defendant was given opportunity to appear
-Judgement was not fraudulent
-The foreign court was proper forum to hear the case
CISG
-UN convention on contracts for the international sale of goods
-Applies to contracts for sale of COMMERCIAL goods
-Makes sales law more uniform and predictable
-Contracts DO NOT need to be in writing
