Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 9 International and Comparative Law

Prentice Hall © International Law International law is law that governs affairs between nations and that regulates transactions between individuals and businesses of different countries

Prentice Hall © United States and Foreign Affairs Commerce Clause Vests Congress with the power “to regulate commerce with foreign nations” Treaty Clause States that the president “shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur”

Prentice Hall © Sources of International Law Custom Consistent, recurring practices between two or more nations over a period of time that have become recognized as binding General principles of law Principles of law recognized by civilized persons Judicial decisions and teachings Judicial decisions and writings of the most qualified legal scholars of the various nations involved in a dispute Principle of comity Courtesies between countries based on respect, goodwill, and civility, rather than law Treaties and conventions Agreements or contracts between two or more nations that are formally signed by an authorized representative and ratified by the supreme power of each nation

Prentice Hall © United Nations An international organization created by a multilateral treaty in 1945 Governed by: The Security Council Composed of 15 member nations The General Assembly Composed of all member nations The Secretariat Administers day-to-day operations

Prentice Hall © International Regional Organizations European Union Latin, Central, and South American Economic Communities African Economic Communities Middle Eastern Economic Communities World Trade Organization

Prentice Hall © World Trade Organization World Trade Organization (WTO) An international organization of more than 130 member nations created to promote and enforce trade agreements among member nations

Prentice Hall © International Courts International Court of Justice European Court of Justice National courts The majority of cases involving international law disputes are heard by the national courts of individual nations

Prentice Hall © International Contract Clauses Affecting Jurisdiction and Choice of Law Forum selection Designates the judicial or arbitral forum that will hear and decide the case Choice of law Designates the law to be applied by the court or arbitrator in deciding the case

Prentice Hall © Act of State Doctrine and Sovereign Immunity Compared Act of state doctrine An act of a government in its own country that is not subject to suit in another country’s courts Sovereign immunity Act of a government in a foreign country that is not subject to suit in the foreign country

Prentice Hall © International Arbitration Nonjudicial method of dispute resolution where a neutral third party decides the case Parties agree to be bound by the arbitrator’s decision

Prentice Hall © Extradition Sending a person back to a country for criminal prosecution The United States has entered into extradition treaties with many countries