Slide 1IntroductionInternational Law— Sources and PrinciplesInternational Law— Sources and PrinciplesInternational Law— Sources and PrinciplesInternational Principles and DoctrinesInternational Principles and DoctrinesInternational Principles and DoctrinesInternational Principles and DoctrinesInternational Principles and DoctrinesInternational Principles and DoctrinesDoing Business InternationallyDoing Business InternationallyRegulation of Specific Business ActivitiesRegulation of Specific Business ActivitiesRegulation of Specific Business ActivitiesCommercial Contracts in an International SettingU.S. Laws in a Global ContextU.S. Laws in a Global Context© 2014 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.© 2014 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.Business Law Today 10th Ed.Text and Summarized CasesDiverse, Ethical, Online and Global EnvironmentRoger LeRoy MillerGaylord JentzChapter 8: InternationalLaw in a Global EconomyAP Photo/Shuji Kajiyama© 2014 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. 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.© 2014 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•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.© 2014 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•Sources of International Law.–International Customs: evidence of a general principle accepted as law (Sect. 38(1) of the Statute of the International Court of Justice)–Treaties and International Agreements: Bilateral and multilateral agreements between nations. © 2014 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•Sources of International Law.–International Organizations: mainly composed of representatives from member nations, usually established by treaty.© 2014 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 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. © 2014 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.•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. INTERNATIONAL PRINCIPLES AND DOCTRINES© 2014 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 PRINCIPLES AND DOCTRINES•Act of State Doctrine.Judicial branch of one country will not examine the validity of public acts by foreign government within its own territory. Often invoked to protect expropriation, and confiscation. © 2014 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 PRINCIPLES AND DOCTRINES•Act of State Doctrine.Doctrine May Immunize a Foreign Government.© 2014 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 PRINCIPLES AND DOCTRINES•Doctrine of Sovereign Immunity.Exempts foreign nations from jurisdiction in U.S. courts. However a foreign state is not immune from U.S. jurisdiction when:•Foreign state has waived its immunity. •Foreign state has engaged in commercial activity within or outside the U.S. that has a “direct effect in the United States.” © 2014 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 PRINCIPLES AND DOCTRINES•Doctrine of Sovereign Immunity.Exempts foreign nations when (cont’d):•Foreign state has committed a tort in U.S. or violated certain international laws. What is a ‘commercial activity’?© 2014 Cengage