Podcast
Questions and Answers
Which entity has the authority to hear appeals from rulings made by the Dispute Settlement Body?
Which entity has the authority to hear appeals from rulings made by the Dispute Settlement Body?
- WTO Appellate Body (correct)
- United Nations General Assembly
- International Court of Arbitration
- International Chamber of Commerce
Which of the following best describes the purpose of Incoterms rules?
Which of the following best describes the purpose of Incoterms rules?
- To standardize the interpretation of intellectual property rights in trade agreements.
- To clarify the responsibilities of buyers and sellers in international trade contracts. (correct)
- To establish international laws governing trade disputes.
- To regulate tariffs and quotas between countries.
The International Court of Arbitration operates under the umbrella of which organization?
The International Court of Arbitration operates under the umbrella of which organization?
- United Nations (UN)
- International Chamber of Commerce (ICC) (correct)
- World Trade Organization (WTO)
- African Union (AU)
Differentiate between public and private international law.
Differentiate between public and private international law.
If a country introduces an amendment to an existing trade treaty, what is this amendment typically called?
If a country introduces an amendment to an existing trade treaty, what is this amendment typically called?
The Act of State Doctrine and Sovereign Immunity are examples of what?
The Act of State Doctrine and Sovereign Immunity are examples of what?
What was replaced by the United States-Mexico-Canada Agreement (USMCA)?
What was replaced by the United States-Mexico-Canada Agreement (USMCA)?
What is the main objective of the African Continental Free Trade Act (AfCFTA)?
What is the main objective of the African Continental Free Trade Act (AfCFTA)?
Which of the following statements accurately describes the relationship between the U.S. Constitution and international law?
Which of the following statements accurately describes the relationship between the U.S. Constitution and international law?
What is the primary function of the United Nations Security Council?
What is the primary function of the United Nations Security Council?
Which of the following best describes the role of the International Monetary Fund (IMF)?
Which of the following best describes the role of the International Monetary Fund (IMF)?
If Country A grants 'Most Favored Nation' status to Country B, what does this entail under WTO/GATT rules?
If Country A grants 'Most Favored Nation' status to Country B, what does this entail under WTO/GATT rules?
What is the role of the WTO Dispute Settlement Body?
What is the role of the WTO Dispute Settlement Body?
How does the World Bank contribute to international development?
How does the World Bank contribute to international development?
Against what entities can cases be brought before the International Court of Justice (ICJ)?
Against what entities can cases be brought before the International Court of Justice (ICJ)?
Which of the following is the legislative body of the United Nations, responsible for passing resolutions on various global issues?
Which of the following is the legislative body of the United Nations, responsible for passing resolutions on various global issues?
Which scenario best exemplifies the application of the Act of State Doctrine?
Which scenario best exemplifies the application of the Act of State Doctrine?
A U.S. company believes a foreign nation violated international law by seizing its assets within that nation's borders. Under what circumstance could the company sue the foreign government in a U.S. court?
A U.S. company believes a foreign nation violated international law by seizing its assets within that nation's borders. Under what circumstance could the company sue the foreign government in a U.S. court?
In a civil law system, what is the primary source of legal authority that courts rely upon when making judgments?
In a civil law system, what is the primary source of legal authority that courts rely upon when making judgments?
A country's laws extending their power outside its borders is referred to as:
A country's laws extending their power outside its borders is referred to as:
Which of the following is a characteristic typically associated with civil law systems?
Which of the following is a characteristic typically associated with civil law systems?
What is the legal effect of jus cogens in international law?
What is the legal effect of jus cogens in international law?
A foreign judgment is recognized by a court system to assist in the outcome gathered by another country. This is referred to as:
A foreign judgment is recognized by a court system to assist in the outcome gathered by another country. This is referred to as:
Under the Foreign Sovereign Immunities Act (FSIA), what is a 'waiver' in the context of lawsuits against foreign governments?
Under the Foreign Sovereign Immunities Act (FSIA), what is a 'waiver' in the context of lawsuits against foreign governments?
Flashcards
International Law
International Law
Regulates affairs between nations and cross-border businesses.
U.S. Constitutional Foundation for International Law
U.S. Constitutional Foundation for International Law
Framework allowing Congress to regulate foreign commerce and treaties.
Foreign Commerce Clause
Foreign Commerce Clause
Allows Congress to regulate commerce with foreign nations.
Treaty Clause
Treaty Clause
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United Nations (UN)
United Nations (UN)
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World Trade Organization (WTO)
World Trade Organization (WTO)
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General Agreement on Tariffs and Trade (GATT)
General Agreement on Tariffs and Trade (GATT)
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International Court of Justice (ICJ)
International Court of Justice (ICJ)
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WTO Appellate Body
WTO Appellate Body
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Incoterms Rules
Incoterms Rules
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CIF
CIF
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Public International Law
Public International Law
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Bilateral Trade Agreements
Bilateral Trade Agreements
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USMCA
USMCA
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African Union
African Union
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CISG
CISG
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Customary International Law
Customary International Law
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Jus Cogens
Jus Cogens
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Sovereign Immunity
Sovereign Immunity
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FSIA
FSIA
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Act of State Doctrine
Act of State Doctrine
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Extraterritoriality
Extraterritoriality
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Civil Law
Civil Law
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Religious Law
Religious Law
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Study Notes
International Law
- Governs interactions between nations and business transactions across countries
- No single world legislative body, executive, or court for enforcement
- US Constitution provides the foundation for international law, specifically through the Foreign Commerce Clause
- Treaty Clause: President negotiates but treaties require 2/3 Senate approval to become law
Actors in International Law
- United Nations (UN): 193 member countries, led by a Secretary-General elected by the General Assembly
- General Assembly: UN's legislative branch, focuses on human rights, trade, finance, and commerce
UN Bodies
- Security Council (15 members, 5 permanent, 10 rotating) responsible for maintaining international peace.
- International Monetary Fund (IMF): Promotes sound monetary and macroeconomic policies worldwide, with 189 members.
- World Bank: Provides funds to developing countries for humanitarian projects and poverty alleviation.
- UNICEF: Agency focused on the lives of children globally.
- UNESCO: Promotes education, science, and culture.
- International Court of Justice (ICJ): UN's judicial branch, situated in The Hague, Netherlands. Nations can’t be forced to participate in court cases, only those countries that submit to the jurisdiction of the court can be subjected to the ICJ's decisions, which apply only to those states that have agreed to abide by the decisions.
International Law Agreements
- GATT (General Agreement on Tariffs and Trade): Established international trade agreements, aiming to reduce trade restrictions
- WTO (World Trade Organization): An international organization of 160 members promoting international trade agreements
- WTO Panels: Bodies of judges handling trade disputes between nations.
- WTO Appellate Body: Reviews decisions from dispute panels, consisting of 7 judges.
- International Chamber of Commerce (ICC): Organization providing incoterms which defines the responsibilities of parties in international trade transactions.
International Law Concepts
- International Court of Arbitration (ICA): Forum for settling disputes among nations through arbitration, run by the ICC.
- Public International Law: governing relationships between countries and international organizations
- Private International Law: governing cross-border commerce involving private parties.
Types of International Agreements
- Treaties: Agreements between two or more states
- Bilateral Treaties: Agreements between two states
- Multilateral Treaties: Agreements among multiple states
- Protocols: Amendments to treaties
- Conventions: Agreements setting standards or principles
- Customary International Law: Binding rules arising from consistent state practice
- Jus Cogens: Fundamental legal principles that can't be changed, found in customary international law
- Act of State Doctrine: Doctrine stating a country's judge cannot question another country's actions within its borders.
- Sovereign Immunity: Doctrine stating a country's courts can't hear cases against a foreign government.
- Foreign Sovereign Immunities Act (FSIA): US statute that limits when US courts can hear cases against foreign governments
- Extra-territoriality: A country’s power to extend its laws outside its national borders
Trade Agreements
- Regional Trade Agreements (Examples: NAFTA, USMCA, EU): Agreements between countries in a region to promote trade.
- Example of Regional Trade: (Examples: Mexico-Canada-US, the EU).
- Example of Bilateral trade: (Examples: USMCA.)
Legal Systems
- Civil Law: Primary source is statutory code, interpreted by courts. Examples: UK, Saudi Arabia
- Common Law: Rules developed by courts over time. Examples: US
Islamic Law
- Islamic law governs aspects.
- Sharia: Islamic law
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