1 International Law and Organizations Chapter 2 © 2002 West /Thomson Learning

2 What is International Law? A rule… that has been accepted as such by the international community in the form of... customary law… … international agreement… …general principles common to the major legal systems… Restatement of the Law 3rd

3 Public International Law Deals with relationships between countries and applies “norms regarded as binding on all members of the international community” Example: Vienna Convention on the Law of Treaties

4 Public International Law Pacta sunt servanda: “every treaty in force is binding upon the parties to it and must be performed in good faith.” Ius cogens: “preemptory norm of international law” (example: proscriptions against torture and genocide)

5 Impact of treaties on business? Treaties involve public law but can apply to private transactions Tax treaties Law of the Sea convention Convention for the International Sale of Goods(CISG)

6 International Court of Justice Known as the World Court 15 judges serving 9 year term UN General Assembly and Security Council elect Based in The Hague, Netherlands Only states can be parties and state must have accepted the court’s jurisdiction Case Examples: Liechtenstein v. Guatemala Nicaragua v. United States

7 United Nations in Public International Law General Assembly (1 country, 1 vote) Security Council (15 members) 5 permanent members: China, France, Russia, U.K. and the U.S. 10 non permanent members elected every 2 years Permanent members have a veto over non-procedural issues

8 Private International Law Conflict of laws Central role of different national legal systems Civil law & Common Law Socialist & Islamic law Comparative law

9 Public and Private International Law Convention for the Sale of Goods (CISG) A convention or treaty that affects private transactions

10 The Role of International Organizations International Monetary Fund World Bank GATT and WTO OECD

11 The Role of Codes of Conduct Examples from NGO (non governmental organizations)- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions World Diamond Congress – agt. to limit trade in “blood diamonds” Governmental examples - U.S. Model business Principles

12 The Role of Ethics How to define what is ethical? The problem of “first world standards in the third world” Business attempts to address Codes of Conduct

13 Human Rights, Ethics and Business Practices Increasingly complex Do we agree on “Universal Human Rights, or “animal rights?” History: business role in change in South Africa? Do we need more conventions? Likelihood of agreement? What should the role of business be in this debate?

14 Cases: Chapter 2 The Paquette Habana United States v. Alvarez-Machain Liechtenstein v. Guatemala Matusevitch v. Telnikoff

15 Paquette Habana Facts: Coastal fishing boats seized by U.S. as prizes of war Issue: Absent a treaty, does customary international law exempt fish vessels from capture as prizes of war? Decision: Yes, the Court took judicial notice of customary international law and concluded peaceful fisherman are exempt from capture. Note the Court’s review of historical precedent

16 US v. Alvarez - Machain Facts: A was kidnapped in Mexico and taken to U.S. for arrest Issue: Is abduction of criminal defendant from a country with extradition treaty with U.S. a defense to jurisdiction of the US courts? Decision: No. Reasons: The treaty did not expressly prohibit abduction and general principles of international law do not prohibit such action. Implications of decision? Focus of the dissent?

17 Liechtenstein v. Guatemala Facts: N born in Germany but resided in Guatemala; granted citizenship by Liechtenstein under special procedure; Guatemala seized N’s property during WWII; L sues G seeking damages Issue: Does ICJ have jurisdiction over case here? Decision: No; L can’t bring claim on behalf of N against G Reasons: G not required to recognize L’s grant of citizenship to N; L can’t bring claim for N against G in ICJ

18 Matusevitch v. Telnikoff Facts: T sued M for libel in U.K., and seeks to enforce court judgment in U.S. courts Issue: Would enforcement of U.K. libel judgment in the U.S. deprive M his Constitutional rights? Decision: Yes, so court refuses to enforce U.K. judgment Reasons: Differences btwn U.K. and U.S. libel laws mean that enforcement would violate M’s 1 st & 14 th Amendments

19 Web Sites her/multi/chrono.html her/multi/chrono.html y y