Chapter 7: International and Space Law Flashcards
International Laws
Laws (treaties, customs, organizations) that govern relations between nations.
National Law
Law pertaining to particular nation.
By definition, a ___________ is a _________ __________. Meaning there’s no higher ____________ than that of the ___________.
nation; sovereign entity; authority; nation
Three forms of International Law
1) Treaties (& International agreements)
2) International Customs
3) International Organizations
International Customs
“Evidence of general practice accepted as law.”
Treaty
Agreement/Contract between 2 or more nations that must ratified by the supreme power of each nation.
Article II, Section 2 (U.S. Const)
President has right to make treaties w/ 2/3 concurrence of Senate.
Bilateral Agreement
Rules governing commercial exchanges between 2 nations.
Mutlilateral Agreement
Rules governing commercial exchanges between multiple nations.
International Organization
Organization of member nations (UN) and established by treaty.
Comity
One nation will defer / give effect to the laws & decrees of another nation (that is consistent w/ their laws / public policy).
Act of State Doctrine
The judicial branch of one nation will not examine public acts committed by a foreign government within it’s own territory.
Expropriation
Govt seizes private owned business / goods for a proper public purpose, and awards compensation.
Confiscation
Govt seizes private property for illegal purpose or w/o just compensation.
Doctrine of Sovereign Immunity
(Foreign Sovereign Immunities Act of 1976)
Under certain conditions, exempts foreign nations from the jurisdiction of United State’s courts.
4 Exceptions for Sovereign Immunity:
A foreign nation may NOT be exempt from jurisdiction by the United States if…
1) Foreign state __________ its __________ explicity or by implication.
2) Foreign state engages in _____________ outside of ____________ _____________ that has direct effect on ____________ _____________.
3) Foreign state commits ______________ in United States or ________________ international law.
4) Foreign state is designated as a “__________ ____________ of ______________” where they’re sued under the FSIA for personal injury, _____________, or ______________.
waives; immunity; activity; United States; United States; tort; violates; state sponsor of terrorism; torture; terrorism
Export
Sale of goods/services from domestic firms to buyers in other countries.
Two forms of Exporting
Direct Exporting
Indirect Exporting
Direct Exporting is when the _____________ ___________ sets up a contract stipulating ______________ and _________ methods of goods with the ____________ - _____________.
domestic firm; shipment; payment; foreign buyer
Indirect Exporting takes place when sufficient business (substantial market) develops in the _____________ country, and the U.S corporation sets up a specialized ______________ organization for the foregin market, appointing a foreign _______________ or ____________.
foreign; marketing; agent; distributor
Distribution Agreement
Contract between seller and distributor outlining terms of distributorship.
Liscencing Agreements take place when the U.S. corporation ___________ foreign manufacturing firms to use the ___________, ______________, or __________-________ intellectual property or trade secrets. Liscencing agreements oftentime entail a ___________ of some kind (i.e. some amount of _________ per _______ sold).
liscenses; patented; copyrighted; trade-marked; royalty; cents; unit
Franchising is a form of liscensing where the _____________ –the __________ of a ___________, __________ __________, or _____________– liscences another (the franchise itself) to sell _____________ and ___________ under their name, under certain conditions.
franchisor; owner; trademark; trade name; copyright; goods; services
Subsidaries are another way for corporations to _____________ operations to foreign territory. The ______________ company, which remains in the _____________ ____________, owns all facilities in ____________ territory under it’s name, and controls all _____________ of operation.
expand; paren’t United States; foreign; phases
Joint Ventures are yet another way to expand operations to international market. Here, the U.S. corporation only has authority over __________ of the operation. The rest of the operation is owned by foreign ___________ owners and an entirely different ___________ entity. Joint ventures require each ___________ invovled to share ___________ and _____________.
part; local; foreign; party; profits; liabilities
Article 1 Section 9 (U.S. Const)
Congress can’t impose export taxes.
Trading with Enemy Act
United States may not recieve import of goods from nations designated as enemies of the United States.
Quota
A limit on the amount of good that can be imported.
Tariff
Tax on imported goods
Dumping
Sale of goods at lower price in foriegn market, than in domestic market (U.S.)
“imports sold at less than a fair value.”
Underhanded way of undervaluing U.S market space so foreign market can obtain larger share of U.S. market.
Trade Barriers
Place restrictions on imported goods
Normal Trade Relations are required in the __________ __________ _____________ (WTO), requiring each nation to treat every other nation at least as ______ as the nation that recieves the most _____________ treatment with regard to ____________ and _____________.
World Trade Organization; well; favorable; imports; exports
International Dispute Resolution
Nations settle legal disputes through arbitration (established as a part of their trade contracts).
Third party renders decision for two nations.
Choice-of-Law Clause
Designates type of law used that will govern contract.
Forum-Selection Clause
Designates court, jurisdiction, or tribunal that will hear legal disputes if any arise under the contract.
Anti-trust laws prevent corporations within the same __________ from joining forces, and ______________ prices for economic gain. Anti-trust laws may be enforced when the there is a ______________ ___________ on _____ __________________. The Sherman Act, furthers anti-trust laws because it is_______________ in it’s application.
industry; fixing; substantial effect; U.S. Commerce; extraterritorial
International tort liability has allowed plaintiffs from the United States to sue ___________ and _________ ____________ entities for breaches in international law that caused injury overseas, in a _________ lawsuit.
foreign; United States; civil
Alien Tort Statute (ATS)
Enables plaintiffs from foreign countries to sue united states entity for breach in international law or U.S. treaty in civil lawsuit.
Anti-discriminatory laws that ensure ______________ aren’t discriminated against based on __________, _____________, ____________ ______________, _____________ ____________, ____________, and _____________ are applied _________________ (so employees may reserve these rights abroad).
employees; race; gender; national origin; sexual orientation; age; disability; extraterritorially
Space Law
Body of law consisting of international and national law governing exploration of outer space.
Outer Space Treaty: Article I and Article II
1) Each nation has the right to explore space.
2) No nation may appropriate a celestial body.
3) Each nation shall use space for peaceful purposes.
Outer Space Treaty: Article IV
No weapons of mass destruction in space.
Outer Space Treaty: Article VI
Each nation is responsible for their activities in space.
Outer Space Treaty: Article VII
Each nation is liable for damage to space objects
Outer Space Treaty: Article VIII
Each nation retains jurisdiction over their space objects and the personnel on them.
Outer Space Treaty: Article IX
Each nation must avoid “harmful contamination” in outer space.
The Federal Aviation Administration Act (FAA) is responsible for regulating ___________________, and the __________ and _______ of private spacecrafts under the Commercial Space Launch Act.
spaceports; launch; re-entry
All U.S. spacecrafts are classified as “_____________ _____________.”
“defense articles”
The Outer Space Treaty bans all _____________ and claim to __________ rights over celestial bodies, however it does give a state the right over resources harvested from ________________.
appropriate; property; asteroids
