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Chapter 25 International Law and Global Commerce
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INTERNATIONAL ORGANIZATIONS
UN WTO OEDC IMF
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International Court of Justice
Judicial branch of the United Nations. It is based in the Netherlands and its main functions are: to settle legal disputes submitted to it by member states give advisory opinions on legal questions.
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Arbitration of International Disputes
The major difference between international and domestic arbitrations is that international arbitration awards have very wide enforceability. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention), allows for the enforcement of arbitration awards in many major countries, provided that the arbitration is international.
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INTERNATIONAL MEDIATION
Mediation and conciliation both involve a consensual (rather than adjudicative) process, often with the involvement of a neutral third party. Such forms of dispute resolution may loosely be described as “third-party-assisted negotiation.”
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Sovereign Immunity One of the oldest doctrines of international law is that of sovereign immunity. In general, this doctrine stands for the proposition that, with some exceptions, foreign nations are exempt from jurisdiction by U.S. courts (and vice versa). The Foreign Sovereign Immunities Act (FSIA) is a federal statute codifying this concept.
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Foreign Corrupt Practices Act (FCPA)
The law prohibits a company, its officers, employees, and agents from giving, offering, or promising anything of value to any foreign (non-U.S.) official, with the intent to obtain or retain business or any other advantage. This prohibition is interpreted broadly in that companies may be held liable for violating the antibribery provisions of the FCPA whether or not they took any action in the United States.
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U.N. Convention on Contracts for the International Sale of Goods
63 member countries. Like America’s Uniform Commercial Code, the UNCISG exists to fill-in the terms of a sale of goods contract when the parties haven’t otherwise agreed.
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General Agreement on Tariffs and Trade (GATT)
World Trade Organization (WTO), administers the agreement to set standards. Agreement on Trade-Related Aspects of Intellectual Property (TRIPs). TRIPs covers minimum standards for all areas of intellectual property protections and provides for enforcement and dispute resolution.
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Agreements on Trademarks
International trademark policy is governed primarily by two agreements: Paris Convention Madrid Protocol
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Agreement on Copyrights
Copyright protection in foreign countries is covered in the Berne Convention agreement.
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Agreement on Patents The most important multilateral agreement on patents is the Paris Convention agreement. This agreement has been signed by approximately 160 member countries
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learning outcomes checklist
Distinguish between international public law and international private law. 25- 2 Give examples and explain the various sources that are the body of international law. 25- 3 Explain the role of the several international courts.
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learning outcomes checklist
25- 4 List the different categories of national legal systems used in the world and give an example of a country in each category. 25- 5 Apply the standards of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
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learning outcomes checklist
25- 6 Explain the various methods of alternate dispute resolution in an international context. 25- 7 Articulate several specific laws that regulate international commercial law and understand when each law applies. 25- 8 Identify the methods used to enforce the rights of intellectual property holders in foreign countries.
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