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International and Comparative Law

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Introduction Introduction

International Law. Body of law - formed as a result of international

customs, treaties, and organizations - that governs relations among or between nations.

National Law. Law of a particular nation.

International Law. Body of law - formed as a result of international

customs, treaties, and organizations - that governs relations among or between nations.

National Law. Law of a particular nation.

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§ 1: International Law

International law is the result of attempts to reconcile the need of each country to be the final authority over its own affairs and the desire to benefit from relations with one another.

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Sources of International Law

Three Sources of International Law: International Customs. Treaties and International Agreements. International Organizations.

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Legal Principles and DoctrinesLegal Principles and Doctrines

The most important principles and doctrines applied in the interest of maintaining harmonious relations among nations: The Principle of Comity. The Act of State Doctrine. The Doctrine of Sovereign Immunity.

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The Principle of ComityThe Principle of Comity

One nation will defer and give effect to the laws and judicial decrees of another country, as long as those laws and judicial decrees are consistent with the law and public policy of the accommodating nation.

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The Act of State DoctrineThe Act of State Doctrine

Judicial branch of one country will not examine the validity of public acts committed by recognized foreign government within its own territory.

This doctrine is often invoked to protect: Expropriation, and Confiscation.

Judicial branch of one country will not examine the validity of public acts committed by recognized foreign government within its own territory.

This doctrine is often invoked to protect: Expropriation, and Confiscation.

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The Doctrine of Sovereign Immunity

The Doctrine of Sovereign Immunity

This doctrine exempts foreign nations from jurisdiction in U.S. courts.

The Foreign Sovereign Immunities Act expanded the jurisdiction of U.S. courts for creditors of foreign governments.

Case 53.1: Keller v. Central Bank of Nigeria (2002).

This doctrine exempts foreign nations from jurisdiction in U.S. courts.

The Foreign Sovereign Immunities Act expanded the jurisdiction of U.S. courts for creditors of foreign governments.

Case 53.1: Keller v. Central Bank of Nigeria (2002).

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§ 2: Doing Business Internationally § 2: Doing Business Internationally

Types of International Business Operations Exporting, through:

An Agent. A Foreign Distributor.

Manufacturing Abroad, through: Licensing. Franchising. Investing in a subsidiary or joint venture.

Types of International Business Operations Exporting, through:

An Agent. A Foreign Distributor.

Manufacturing Abroad, through: Licensing. Franchising. Investing in a subsidiary or joint venture.

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The Regulation of Specific Business Activities

The Regulation of Specific Business Activities

Nations impose laws and controls to restrict or facilitate international business. Investing. Export and Import Controls: Quotas, Tariffs and

Anti-Dumping Rules. Case 53.2: United States v. Haggard Apparel Co.(1999).

International Organizations and Agreements: World Trade Organization, European Union and NAFTA.

Nations impose laws and controls to restrict or facilitate international business. Investing. Export and Import Controls: Quotas, Tariffs and

Anti-Dumping Rules. Case 53.2: United States v. Haggard Apparel Co.(1999).

International Organizations and Agreements: World Trade Organization, European Union and NAFTA.

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The Applicability of U.S. Law Abroad

The Applicability of U.S. Law Abroad

U.S. antitrust law applies to the activities of U.S. firms even when they are acting abroad.

Foreign persons and governments can sue under U.S. antitrust laws in U.S. courts.

Generally, U.S. firms must abide by U.S. anti-discrimination law, even in their foreign activities, unless doing so would require them to violate the laws of the foreign country.

U.S. antitrust law applies to the activities of U.S. firms even when they are acting abroad.

Foreign persons and governments can sue under U.S. antitrust laws in U.S. courts.

Generally, U.S. firms must abide by U.S. anti-discrimination law, even in their foreign activities, unless doing so would require them to violate the laws of the foreign country.

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Dispute Settlement in the International Content

Dispute Settlement in the International Content

The options for resolution of international contract disputes are the same as they are for civil disputes: Arbitration or Litigation.

The options for resolution of international contract disputes are the same as they are for civil disputes: Arbitration or Litigation.

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§ 3: Comparative Law

Comparative Legal Systems. Common Law vs. Civil Law systems. Case 53.3: Universe Sales Co., Ltd. v. Silver

Castle Ltd. (1999). Judges and Procedures. Tort and Criminal laws. Contract law differences. Employment law differences.