International Law PDF

# Chapter 2: International Law - Governs affairs between nations and regulates transactions between individuals and businesses from different countries. - International law has no legislative source, single world court interpreting it, or executive force enforcing law. - **U.S. Constitutional Found...

# Chapter 2: International Law - Governs affairs between nations and regulates transactions between individuals and businesses from different countries. - International law has no legislative source, single world court interpreting it, or executive force enforcing law. - **U.S. Constitutional Foundation for International Law** - **Foreign commerce clause:** allows Congress to regulate commerce with foreign nations (only Congress). - **Treaty clause:** states the president has the power to make treaties, but 2/3 senators must ratify for the treaty to become law. ## Actors in International Law - **United Nations:** 193 countries are members, began following WWII. - Led by secretariat, who is elected by general assembly. - **The general assembly is the legislative branch which finds resolutions regarding human rights, trade, finance, and commerce.** - **Security council:** responsible for maintaining international peace. - Composed of 15 member nations. - 5 who are permanent and 10 who are chosen by the general assembly. - **World Bank & International Monetary Fund (IMF):** - **World Bank:** provides money to developing countries as a way of funding projects for humanitarian purposes, relieving poverty. - **IMF:** Promotes sound monetary, fiscal, and macroeconomics policies worldwide. There are 189 members that further monetary cooperation and expanding trade and economic goals. - **UNICEF:** Agency created to provide aid to the lives of children all around the world. - **United Nations Educational, Scientific, and Cultural Organization (UNESCO).** - **International Court of Justice (ICJ) or World Court:** - United Nations judicial branch. - Only nations can have cases decided by this court that involve treaties and the UN Charter. ## **GATT** - **GATT** is the General agreement on tariffs and trade. - Signed after WWII, a multilateral treaty that establishes trade agreements and limits tariffs and trade restrictions among its member nations. - **“Most Favored Nations"**: A status that the WTO/GATT requires that favors offered to one country must be given to all member nations. ## **World Trade Organization** - An international organization of 160 members that promotes trade agreements. - Located in Geneva, Switzerland. - **WTO Panel:** A body of three WTO judges that hears trade disputes between member nations and issues panel reports. - **WTO Dispute Settlement Body:** Made up of one rep from each WTO member nation that reviews panel reports. - **WTO Appellate Body:** Made up of a panel of seven judges selected from WTO member nations that hears and decides appeals from decisions of the dispute settlement body. ## **International Chamber of Commerce** - **Incoterms Rules:** A series of three-letter codes that aim to clarify the responsibilities of buyers and sellers in international trade contracts. - **Examples:** - CIF (Cost, Insurance and Freight) - DPY (Delivered at Place Unloaded) - CFR (Cost and Freight) ## **International Court of Arbitration (ICA):** - Forum for international dispute resolution, run by the ICC. ## **International Law:** Public & Private - **Public international law:** Rules and norms governing relationships between countries, other countries, and international organizations. - **Private international law:** International rules and standards applying to cross-border commerce between private parties. ## **Treaties** - Bilateral Treaty or Multilateral - Protocol: Amendment to a treaty. - Convention ## **Custom** - **Principles of Law:** - Act of State Doctrine - Sovereign Immunity - **Treaty:** An agreement between two or more states that is governed by international law. - **Examples of Treaties:** - **General Agreement on Trade in Services (GATS):** A treaty on transactional services. - **Agreement on Trade-Related Aspects of Intellectual Property (TRIPS):** Treaty in intellectual property. ## **Conventions:** - **U.N. Convention on Contracts for the International Sale of Goods (CISG)** ## **Bilateral & Regional Trade Agreements** - **Bilateral Trade Agreements:** Goals to liberalize market access for goods, services, reduce tariffs, curb regulatory restrictions; allow for investments, and protect intellectual property rights. - **Regional Trade Agreements:** Facilitate trades, agree to work together to promote peace and facilitate economic, social, and cultural development. - **Examples:** - **United States-Mexico-Canada Agreement (CUSMCA)** - **European Union (EU)** - **USMCA** replaced the North American Free Trade Agreement (NAFTA). This trade agreement updated and modernized cross-border trades. - **Includes trade in digital trade, intellectual property, autos, labor provisions.** ## **African Union** - Organization of countries located on the African continent that seeks to establish a politically united continent. - Launched **AFCFTA - African Continental Free Trade Act** which allows for the access to goods and services. Move tariffs, encourage investment, traveler movement. ## **Customary International Law:** - An international law that has become binding through a pattern of consistent, long-standing behavior. ## **Jus Cogens:** - When a rule of customary international law becomes a fundamental legal principle across all nations, it cannot be changed. ## **Sovereign Nations** - **Sovereign Immunity:** Holds that the courts of one nation lack the power to hear suits against foreign governments. - **Foreign Sovereign Immunities Act (FSIA):** US statute that provides that American courts generally cannot entertain suits against foreign governments with certain expectations. - **Waiver:** A lawsuit permitted against a foreign country that waives its immunity, voluntarily giving up this protection. - **Commercial Activity:** A plaintiff in the US can sue a foreign country engaged in commercial but not political activity. - **Violation of International Law:** A plaintiff in this country may sue a foreign government that has confiscated property in violation of international law. - **Committing Tort in the U.S. (Personal injury/Death):** ## **Act of State Doctrine:** - States that a judge of one country does not have the authority to question the validity of an act committed by another country within that other country's borders. - Country has authority on what takes place in their country. ## **Extraterritoriality:** - The power of a country's laws to extend outside its borders. ## **Foreign Recognition:** - A foreign judgment that has legal validity in another country. ## **Foreign Enforcement:** - Done by a court system in a country assisting in enforcing the verdict gathered by the other country. ## **MLATS (Mutual Legal Assistance Treaties)** ## **Civil Law:** - Can be described as law being found in statute books and codes. - **Inquisitorial Process of Dispute Resolution** - **Court Basing Judgments on Code & Statue** - **Civil Law Systems Do Not Use Juries** ## **Islamic Law:** - Consists of 1/5 of the world’s population. - Legal system is based on Islamic law. - “Shari’a” ## **Common Law:** - Courts independently develop the rules governing certain areas of law not covered by statutes. - Example: U.S. ## **Civil Law:** - Primary source of law is a statutory code that the courts interpret and apply to individual cases. - Example: U.K. ## **Religious Law:** - National judicial systems codify and follow religious principles. - Example : Saudi Arabia.