© 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 International Law In a Global Economy Chapter 25 BUSINESS LAW TODAY Essentials 9 th Ed. Roger LeRoy Miller - Institute for University Studies, Arlington, Texas Gaylord A. Jentz - University of Texas at Austin, Emeritus

© 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. 2 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?

© 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. 3 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?

© 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. 4  The most important principles and doctrines applied in the interest of maintaining harmonious relations among nations: The Principle of Comity. The Principle of Comity. The Act of State Doctrine. The Act of State Doctrine. The Doctrine of Sovereign Immunity. The Doctrine of Sovereign Immunity. International Law – Sources and Principles

© 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. 5 Sources of International Law  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. 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. England, U.S. and other ex-British colonies based on common law.

© 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. 6  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. The Principle of Comity

© 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. 7  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 Expropriation, and Confiscation. Confiscation. The Act of State Doctrine

© 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. 8  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

© 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. 9  Exporting, through: An Agent. An Agent. A Foreign Distributor. A Foreign Distributor.  Manufacturing Abroad, through: Licensing. Licensing. Franchising. Franchising. Investing in a subsidiary or joint venture. Investing in a subsidiary or joint venture. Doing Business Internationally

© 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. 10  Nations impose laws and controls to restrict or facilitate international business. Investing. Investing. Export Controls. Export Controls. Import Controls. Import Controls. CASE 25.1 Fuji Photo Film Co. v. International Trade Commission (2007). Jazz violated the cease and desist order by selling LFFP’s that were not sold first in the United States. CASE 25.1 Fuji Photo Film Co. v. International Trade Commission (2007). Jazz violated the cease and desist order by selling LFFP’s that were not sold first in the United States. Regulation of Specific Business Activities

© 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. 11  Import Controls (cont’d). Quotas and Tariffs. Quotas and Tariffs. CASE 25.2 United States v. Inn Foods, Inc. (2007). Document satisfied Statute of Frauds, identified Quality Printing as the customer with a signed personal guaranty. CASE 25.2 United States v. Inn Foods, Inc. (2007). Document satisfied Statute of Frauds, identified Quality Printing as the customer with a signed personal guaranty. Anti-Dumping Duties. Anti-Dumping Duties. Regulation of Specific Business Activities

© 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. 12 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. European Union. North American Free Trade Agreement. North American Free Trade Agreement. Central America-Dominican Republic-USA Free Trade Agreement (CAFTA-DR). Central America-Dominican Republic-USA Free Trade Agreement (CAFTA-DR).  Bribing Foreign Officials.

© 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. 13  Choice of Language Clause.  Choice of Forum.  Choice of Law.  Force Majeure (impossibility or “act of God”).  Civil Dispute Resolution. Commercial Contracts in an International Setting

© 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. 14  Monetary Systems. Foreign Exchange Rates/Markets. Foreign Exchange Rates/Markets. Correspondent Banks (affiliated banks in different countries). Correspondent Banks (affiliated banks in different countries).  Letters of Credit. Conditional promise by Issuer (Bank) to pay Beneficiary (Seller) on behalf of Account (Buyer). Conditional promise by Issuer (Bank) to pay Beneficiary (Seller) on behalf of Account (Buyer). Payment Methods for International Transactions

© 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. 15 Letter of Credit

© 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  International Tort Claims (Alien Tort Claims Act): CASE 25.3 Khulumani v Barclay National Bank, Ltd. (2007). Alien Tort Claims Act applied to banks that were “aiding and abetting” human rights violations in South Africa. CASE 25.3 Khulumani v Barclay National Bank, Ltd. (2007). Alien Tort Claims Act applied to banks that were “aiding and abetting” human rights violations in South Africa.  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