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Legal Studies > Chapter 11: International Law > Flashcards

Chapter 11: International Law Flashcards

1
Q

League of Nations

A

Created by Woodrow Wilson after WWI; US did not join because of fighting in congress

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2
Q

How was the UN formed?

A

During WWII, 50 nations met in San Fran to draw up a charger for an international body to replace the league of nations

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3
Q

What percent of our profits come from international transactions?

A

50%

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4
Q

Can you just do business in another country?

A

Many steps to do this process; Exporting is a privilege, the company needs a license

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5
Q

International Law

A

Governs the relationships among countries

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6
Q

Globalization

A

Process of global businesses supported by governments to deregulate and liberalize world markets and redefine the legal rules that govern commercial relationships

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7
Q

Why has there been an increase in globalization?

A

Changes in transportation, communications, and computer technology

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8
Q

What does International Law deal with?

A

Rules, principles, and customs that govern the dealing between countries and the obligations and protections of the citizens of one country towards the people of another nation

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9
Q

Why is International Law more difficult than Domestic business operations?

A

Countries act in their self-interests

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10
Q

Public International Law

A

Examines relationships among nations and uses rules, treaties, and conventions that are binding on all countries

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11
Q

Treaties

A

Determines rules under which world traders can conduct business activities within each others territories

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12
Q

Who does a treaty bind?

A

Only the countries who are parties (sign it)

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13
Q

Bilateral Treaty

A

Agreement between 2 nations (China/N. Korea trade deal)

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14
Q

Multilateral Treaty

A

Agreement between more than two nations

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15
Q

Where does the authority come from in the US to enter a treaty?

A

US Constitution gives the President the power with the consent of the Senate to make treaties

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16
Q

Convention

A

An agreement negotiated by members of international organizations, which document is then open to adoption by other nations

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17
Q

Warsaw Convention

A

Originally limited damages to $75,000 on International flights unless there is willful misconduct on part of airline (still in effect today)

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18
Q

Panam Airline

A

Panam had tip that one of their planes had a bomb threat, didn’t tell people, so the people could sue because this was considered willful and wanton misconduct

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19
Q

Reverse Side of Ticket

A

Tells you the terms and conditions of the flight (Warsaw Convention)

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20
Q

Protocol

A

A treaty of international agreement that supplements a previous treaty/international agreement; Can amend the previous treaty or add additional provisions; Parties to earlier agreement not required to adopt protocol

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21
Q

1991 Protocol on Environmental Protection to the Antarctic Treaty

A

Created an environmental protection regime in Antartica

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22
Q

Private International Law

A

Looks at the laws applicable to private parties in their business affairs when they are from different nations

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23
Q

What type of cases does Private International Law try to solve?

A

Deciding whose law applies when a car made in Germany, sold in US crashes in Canada due to brake failure

24
Q

Lex Mercatoria

A

Merchant Law

25
Q

What does Lex Mercatoria do?

A

Have been supplemented by the active participation of the government in establishing international legal norms

26
Q

Example of Lex Mercatoria

A

Congress has signed a number of laws for international trade, and treaties have been enacted that incorporate general international legal principles into US law

27
Q

Harter Act

A

Sets forth the liability of ships for cargo losses when the shipment is between a US port and foreign country

28
Q

Foreign Sovereign Immunities Act

A

Reinforced the immunity of foreign governments in the US courts but not when engaged in commercial activity

29
Q

What can you do to an ambassador if they kill someone in the country?

A

Can’t arrest them, but can kick them out of the country

30
Q

What can you do if an ambassador scams you and your lease?

A

You can sue because he is not engaging in diplomatic activity, rather he is in business activity

31
Q

United Nations

A

Most extensive of the international organizations; Has produced a number of multilateral agreements

32
Q

Purpose of the UN

A

Maintain peace, solve international problems, promotes respect for human rights

33
Q

What is the UN made up of?

A

Each country belongs to the General Assembly in the UN and has 1 vote (like congress)

34
Q

What does the General Assembly do?

A

Formulates international conventions; Can adopt resolutions, which are recommendations on matters within the scope of UN charter

35
Q

Where is the real power held in the UN?

A

Security Council

36
Q

Security Council

A

15 countries, 5 permanent (US, Russia, UK, France, China); Each has veto power over GA

37
Q

Can the UN authorize military power?

A

Yes, they agreed upon first gulf war

38
Q

International Court of Justice

A

“World Court”

39
Q

Who elects the judges of the world court?

A

The General Assembly

40
Q

Who can use the world court?

A

Only countries; Not available to individuals

41
Q

Where is the world court located?

A

The Hague, Netherlands

42
Q

How many cases does the world court hear?

A

1-2/year

43
Q

Why is the US not a member of the world court?

A

Concerned that it will be used as a mechanism to bring war crimes against the country

44
Q

European Union

A

Has torn down the geographic barriers of many European countries and promotes a common market in which people, money, and goods can be moved about with no restrictions

45
Q

How many countries are in the EU?

A

27

46
Q

What is the EU similar to?

A

Doing business between states

47
Q

How many people does the EU represent?

A

1/2 billion; Third largest population in the world

48
Q

Who in Europe does not belong to the EU?

A

Switzerland; England just dropped out

49
Q

How is the EU similar to our justice system?

A

Has a judicial, legislative, and executive branch

50
Q

What is the EU currency that they created called?

A

Euros

51
Q

African Union

A

Consistes of 53 African countries and is loosely based on the European model

52
Q

Free Trade Agreement

A

Treaty between 2 or more countries focused on the liberalizations of the trade between members of that agreement

53
Q

North American Free Trade Agreement (NAFTA)

A

Allows free trade with no barriers, tariffs, or quotas among USA, Canada, Mexico

54
Q

How much does NAFTA generate in trade?

A

$883 billion/year

55
Q

What has happened as a result of NAFTA?

A

US has more products made in Mexico because of low labor costs; Products cheaper; US will export more high-tech items like computers to Mexico because the Mexican people will have more disposable income

Legal Studies (10 decks)

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