Introduction to International Law and Sovereignty

Study Notes

Definition: A set of rules binding in relations between states and nations.
Significance of Sovereignty: Supreme authority within a territory, right to govern without external interference.
Historical Context: Evolution from peace treaties, League of Nations to modern frameworks.
Role of National Sovereigns: Law-making and enforcement within national borders.

Concepts of Sovereignty: Legal authority over a territory.
Self-determination: Right of peoples to determine their political status.
Failed States: Loss of control over territories, e.g., Somalia, Afghanistan.
Failing States: Nations on brink of losing control, with corruption and economic decline.
Case Studies: U.S. Civil War, Quebec Secession, Kosovo.
Impact of Civil Wars: Legal and political challenges in maintaining sovereignty.

Treaties and Conventions: Formal agreements binding in international law, e.g., UN Charter, Geneva Conventions.
Customary International Law: Practices consistently followed by states (e.g., diplomatic immunity, laws of war).
General Principles of Law: Principles recognized by civilized nations (e.g., fairness, equity).
Judicial Decisions and Scholarly Writings: Decisions by international courts, legal scholars' writings.

Differences: Conventions are multilateral treaties often sponsored by international organizations, while treaties are bilateral or multilateral agreements.
Process of Treaty-Making: Negotiation, signing, ratification.

United Nations (UN): Structure (General Assembly, Security Council, ICJ), functions (peacekeeping, conflict resolution, development).
World Trade Organization (WTO): Establishes and enforces rules for international trade.
International Monetary Fund (IMF) and World Bank: Financial stability, development assistance.
International Criminal Court (ICC): Prosecutes crimes like genocide, war crimes.
Regional Organizations: e.g., African Union (AU), European Union (EU), Organization of American States (OAS).
Specialized Agencies: e.g., World Health Organization (WHO), International Labour Organization (ILO).

Mechanisms: National courts, arbitration, private dispute resolution.
Role of National Courts: Handle disputes involving foreign parties.
Arbitration: Private dispute resolution method, binding decisions.
Doctrines: Forum Non Conveniens (refusing cases), Sovereign Immunity (immunity of states), Act of State Doctrine (courts refraining from judging foreign sovereign acts).

Bases: Territorial, nationality, objective territoriality
Issues: Determining appropriate jurisdiction in international cases, examples like extradition treaties and international crimes.

Evolution of Sovereign Immunity: Moving from absolute to restrictive immunity.
Distinctions between Governmental and Commercial acts.
Case Studies: Illustrative examples, such as Banco Nacional de Cuba v. Sabbatino, and Kern v. Dynalectron.

Importance in International Business: Compliance crucial for global operations.
Risks: Violations harm reputation and lead to penalties.
Key Considerations: Labor rights, anti-discrimination, environmental sustainability, indigenous rights, data protection, international guidelines on business and human rights.

Export Administration Regulations (EAR): Controls on dual-use goods.
Office of Foreign Assets Control (OFAC) Sanctions: Sanctions against targeted countries.
Antitrust Laws: Prevent anti-competitive practices affecting US commerce.
Patriot Act: Due diligence in international financial transactions.
Sarbanes-Oxley Act (SOX): Financial reporting requirements for US companies.
Helms-Burton Act: Laws regarding confiscated Cuban property.
Securities Exchange Act: Disclosure of risks in international operations.

Challenges in Enforcement: Ensuring due process and fairness.
Due Process Considerations: Notification, preparation time, assessment of damages.
Role of Forum-Selection Clauses: Pre-agreed dispute resolution forums.
Arbitration as a solution

Advantages: Speed, cost-effectiveness, privacy.
Process: Selection of arbitrators and panels, award procedures.
Key Organizations: e.g., American Arbitration Association, International Chamber of Commerce.
Enforcement of Awards: New York Convention for global recognition.

Overview: Facilitates, controls, and standardizes international trade, to protect domestic industries, ensure fair competition, and promote economic growth.
Historical Context: Pre-globalization vs. post-globalization trade.
Import Regulations: Tariffs, quotas, licensing requirements.
Trade Agreements: Bilateral, multilateral, free trade agreements.
World Trade Organization (WTO): Established in 1995 to replace the General Agreement on Tariffs and Trade (GATT).
Functions of WTO: Dispute resolution, negotiations, monitoring, technical assistance.
Regional Trade Agreements: E.g. EU, NAFTA (now USMCA), ASEAN, etc.
Customs Procedures: Rules governing documentation, inspection, valuation of imported goods, Anti-dumping measures.
Export Regulations: Export licenses, sanctions and embargoes, dual-use goods and technology transfer.

Trade Wars: Tariff escalations (e.g., tariffs between countries).
Protectionism: Policies to protect domestic industries.
Compliance Costs: Costs for doing business internationally.
Intellectual Property: Protecting IP rights (e.g., patents, trademarks) in international trade.