Chapter 53 International and Comparative Law

1. Chapter 53 International and Comparative Law

2. Introduction • International Law. • Body of law - formed as a result of international customs, treaties, and organizations - that governs relations among or between nations. • National Law. • Law of a particular nation.

3. § 1: International Law • International law is the result of attempts to reconcile the need of each country to be the final authority over its own affairs and the desire to benefit from relations with one another.

4. Sources of International Law • Three Sources of International Law: • International Customs. • Treaties and International Agreements. • International Organizations.

5. Legal Principles and Doctrines • 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.

6. 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. 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. The Doctrine of Sovereign Immunity • 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. • Case 53.1:Keller v. Central Bank of Nigeria (2002).

9. § 2: Doing Business Internationally • Types of International Business Operations • Exporting, through: • An Agent. • A Foreign Distributor. • Manufacturing Abroad, through: • Licensing. • Franchising. • Investing in a subsidiary or joint venture.

10. The Regulation of Specific Business Activities • Nations impose laws and controls to restrict or facilitate international business. • Investing. • Export and Import Controls: Quotas, Tariffs and Anti-Dumping Rules. • Case 53.2:United States v. Haggard Apparel Co.(1999). • International Organizations and Agreements: World Trade Organization, European Union and NAFTA.

11. The Applicability of U.S. Law Abroad • U.S. antitrust law applies to the activities of U.S. firms even when they are acting abroad. • Foreign persons and governments can sue under U.S. antitrust laws in U.S. courts. • Generally, U.S. firms must abide by U.S. anti-discrimination law, even in their foreign activities, unless doing so would require them to violate the laws of the foreign country.

12. Dispute Settlement in the International Content • The options for resolution of international contract disputes are the same as they are for civil disputes: • Arbitration or Litigation.

13. § 3: Comparative Law • Comparative Legal Systems. • Common Law vs. Civil Law systems. • Case 53.3:Universe Sales Co., Ltd. v. Silver Castle Ltd. (1999). • Judges and Procedures. • Tort and Criminal laws. • Contract law differences. • Employment Law differences.

14. Law on the Web • New Mexico’s export website. • Internet Law Library on Doing Business in Other Nations. • Legal Research Exercises on the Web.