Ch 12 Class Notes Flashcards
Alien tort
Gives non citizens of US right to sue
How many sovereign nations existA.
194
4 main international risks
1 property protection
2 foreign regulation
3 different cultures
4 Foreign corrupt practices act
Foreign Corrupt Practices Act (1977)
Illegal to pay bribes to foreign officials with discretionary
Authority
Ok to make grease payments to low level government
Officials for routine government action
Nationalization
Government seizure of foreign owned property
2 types of nationalization
1 Expropriation
2 confiscation
Expropriation
Some compensation
Confiscation, 2) how can you mitigate property bring confiscated?
No compensation
2) see protections you have in country prior to purchase
By getting advice from trusted lawyers
UN
Treaty where member nations give power to United Nations
power to invoke sanctions and keep peace
3 major international principles/doctrines
1 comity
2 act of state
3 sovereign immunity
Comity
One country gives effect to laws and judgements of other
Country
Act of state
Judge in 1 country won’t strike down official act of another
Country
Ex. Expropriation
Sovereign immunity
Can’t sue government, king, country
Foreign sovereign immunity act 1976
Provides exceptions to sovereign immunity rule
Can sue country over commercial actions
A US commercial ship shipping commercial goods is seized by Somali Government. What is the legal issue? Is there a basis to sue?
Issue: sovereign immunity
Can sue in US according to foreign sovereign immunity
Act because commercial transaction