© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 1 Chapter 22: International Law in a Global Economy

2 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Learning Objectives What is the principle of comity and why do courts deciding disputes involving a foreign law or judicial decree apply this principle? What is the act of state doctrine? In what circumstances is this doctrine applied? Under the Foreign Sovereign Immunities Act of 1976, on what bases might a foreign state be considered subject to the jurisdiction of U.S. Courts?

3 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Learning Objectives In what circumstances will U.S. antitrust laws be applied extraterritoriality? Do U.S. laws prohibiting employment discrimination apply in all circumstances to U.S. employees working for U.S. factories abroad?

4 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. International Law – Sources and Principles 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.

5 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Sources International Customs: “evidence of a general practice accepted as law.” Treaties and International Agreements. International Organizations. Common Law and Civil Law Systems. –Most of Europe, Latin America, Africa, and Asia based on civil law systems. –England, U.S. and other ex-British colonies based on common law.

6 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. The 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.

7 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. The 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.

8 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 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. The Doctrine of Sovereign Immunity

9 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Types of International Business Operations. –Exporting, through: An Agent. A Foreign Distributor. –Manufacturing Abroad, through: Licensing. Franchising. Investing in a subsidiary or joint venture. Doing Business Internationally

10 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Nations impose laws and controls to restrict or facilitate international business. –Investing. –Export Controls. –Import Controls. Regulation of Specific Business Activities Case 22.1 Fuji Photo Film Co. v. International Trade Commission. Jazz violated the cease and desist order by selling LFFP’s that were not sold first in the United States.

11 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Import Controls (cont’d). –Quotas and Tariffs. –Anti-Dumping Duties. Regulation of Specific Business Activities Case 22.2 United States v. Inn Foods, Inc. Document satisfied Statute of Frauds, identified Quality Printing as the customer with a signed personal guaranty.

12 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Minimizing Trade Barriers Most nations are members of the World Trade Organization and required to grant “normal trade relations” status to other members. –European Union. –North American Free Trade Agreement. –Central America-Dominican Republic-USA Free Trade Agreement (CAFTA-DR). Bribing Foreign Officials.

13 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Commercial Contracts in an International Setting Choice of Language Clause. Choice of Forum. Choice of Law. Force Majeure (impossibility or “act of God”). Civil Dispute Resolution.

14 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Making Payment on International Transactions Monetary Systems. –Foreign Exchange Rates/Markets. –Correspondent Banks (affiliated banks in different countries). Letters of Credit. –Conditional promise by Issuer (Bank) to pay Beneficiary (Seller) on behalf of Account (Buyer).

15 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

16 © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. International Tort Claims (Alien Tort Claims Act): Antidiscrimination Laws: Generally, U.S. firms must abide by U.S. anti-discrimination laws, even in their foreign activities, unless doing so would require them to violate the laws of the foreign country (the “foreign laws exception”). U.S. Laws in a Global Context Case 22.3 Khulumani v Barclay National Bank, Ltd. Alien Tort Claims Act applied to banks that were “aiding and abetting” human rights violations in South Africa.