Fitchburg State University International Law Presentation

Business Law and LegalEnvironment, 9e
Chapter 3: International Law
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not
be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Why Does International Law Matter to Me?
A song you wrote has gone viral on social media. Your band copyrighted the
song and started selling it via iTunes. You learned that someone in Spain is
also selling downloads of your song without your permission. You want to make
a claim under the Berne Convention.
How are agreements like the Berne Convention adopted and made into
law?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Learning Objectives
1. List the sources of international law
2. Compare various international principles and doctrines
3. Describe various ways in which domestic firms can engage in international
business
4. Explain how international disputes are settled
5. Describe when U.S. laws can apply internationally
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Sources of International Law
INTERNATIONAL CUSTOMS
TREATIES
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
General Principles of Law
Comity
Act of State Doctrine
Sovereign Immunity
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Think Pair Share
Consider the following:
Marcel worked for the French government and was living in the United States.
While here, Marcel engaged in the price fixing of various French consumer
goods, stole trade secrets, and entered into contracts with U.S. suppliers which
he breached.
Do any of the international principles and doctrines protect Marcel from
liability?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Actors in International Law
1. States
2. Regional Alliances
Ex: The European Union
Ex: Regional Trade Agreements (NAFTA and USMCA)
3. International Organizations and Dispute Resolution
Ex: The United Nations
Ex: The International Court of Justice
Ex: The World Trade Organization
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (1 of 5)
Google LLC v. Commission Nationale de I’Informatique et des Libertes
1. Does EU law require that the RTBF apply globally?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (2 of 5)
Budha Ismail Jam v. International Finance Corporation
1. Should international organizations be treated like foreign governments? Do
these organizations have absolute or limited immunity?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
The World’s Legal Traditions
Common Law
Civil Law
Courts independently develop
the rules governing certain
areas of law not covered by
statutes.
Primary source of law is a
statutory code. Courts interpret
the code and apply the rules to
individual cases.
Example:
Example:
United States
United Kingdom
Religious Law
National judicial systems codify
and follow religious principles.
Example:
Saudi Arabia
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (3 of 5)
Saudi Basic Industries Corporation v. Mobil Yanbu Petrochemical
Company, Inc. and Exxon Chemical Arabia, Inc.
1. Did the U.S. court err in its application of shari’a law?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Domestic Laws Applied Abroad
1. Extraterritoriality
2. Foreign Laws and Judgments in the United States
– Application of foreign laws in U.S. Courts
– Recognition and enforcement of foreign judgments
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (4 of 5)
Kiobel v. Royal Dutch Petroleum Co.
1. Does U.S. law extend to violations of customary international law occurring
entirely outside the United States?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (5 of 5)
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.
1. Must a U.S. court accept a foreign government’s interpretation of its own
laws?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Think Pair Share Activity
A U.S. based company is owned and operated by women. It is interested in
doing business in a country which is strongly patriarchal and in which most
business is conducted between men. In fact, some businessmen refuse to
negotiate with women entirely. The contract, if executed, would be highly
beneficial for both parties. However, during the course of performance, it
became clear that the foreign party would not complete their end of the bargain
due to certain businessmen being unwilling to work with women.
Are there any claims (outside of potential breach of contract claims) that the
U.S. company could bring?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Contracting Internationally
The sale of goods across boarders
• CISG- applies to contracts for the sale of commercial goods
• No writing requirements
• Buyer can avoid payment in certain situations
• Contracting parties can opt out of the CISG
Best Practices
• Choice of Law
• Choice of Forum
• Choice of Language and Currency
• Arbitration
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
In an international contract for the performance of certain services between a
company in the U.S. and a company in Pakistan, one of the parties breaches
the agreement. Where could suit be brought if the contract does not have a
forum-selection clause?
1.
2.
3.
4.
Pakistan only
The U.S. only
Pakistan or the U.S.
Neither Pakistan nor the U.S.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
In an international contract for the performance of certain services between a
company in the U.S. and a company in Pakistan, one of the parties breaches
the agreement. Where could suit be brought if the contract does not have a
forum-selection clause?
1.
2.
3. Pakistan or the U.S.
4.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.