1. International law consists of rules that countries agree to follow. It may be defined as lawmaking by what two things? 2. There (is/is not) a global
... [Show More] authority for enforcing inter- national law 3. According to article 38 of the statute of the Interna- tional Court of Justice, the primary sources of Inter- national Law are (3 things) 4. A is a legally binding agreement, contract or compact between two or more nations that is recog- nized a given effect under international law 5. A is an agreement that modifies or adds to a treaty or convention, or that deals with matter less significant then those dealt within treaties 6. Nation that expresses a willingness to join a treaty are said to be 7. is a body of commonly accepted rules or conduct, or international norms that have arisen out of consistent and long standing practice 8. The principle that a nation can projects its laws its jurisdiction beyond its territorial borders is known as Choice & Consent is not 1. International treaties and con- ventions 2. international custom or com- mon law 3. general princi- ples of law recog- nized by civilized nations treaty protocol signatories customary inter- national law extraterritoriality 9. Under the principle of individual and corporate citizens owe a duty to comply with the nationality jurisdic- tion laws of their country of nationality no matter where they are in the world 10. The permits any country to pros- ecute perpetrators of the most heinous crimes regard- less of where the crimes occurred or the nationality of the perpetrators 11. The most important international judicial body is the formed in 1945 as the primary judi- cial arm of the united nations. it is the arbiter of inter- national law disputes between nations cases brought by nations against nations 12. The ICJs judgments are enforced primarily on what? (3 three things) 13. is the right of one nation to take diplomatic or judicial action to protect the rights of a person to whom it has granted nationality form a violation of international law by another nation 14. The international criminal court has jurisdiction to hear what three categories of crimes 15. In recent years many companies have had an increased interest in enacting their own . In the US doing so allows for re- duced fines and sentences for corporate defendants. 16. The study of refers to the study of differences in national laws an legal systems 17. The term has several different mean- ings, however the most common meaning to Ameri- universality princi- ple international court of justice 1. public opinion 2. diplomatic pres- sure 3. good faith of the countries involved diplomatic protec- tion 1. genocide 2. crimes against humanity 3. war crimes codes of conduct comparative law civil law cans is in reference to the laws affecting private rights and remedies, such as contract law, family or inheri- tance law or tort law 18. Under the system, the reasoned deci- sions of judges becomes the law of case, a legal precedent that binds judges in deciding similar cases in the future. 19. Over of the worlds population is Muslim (what percent) common law 20 20. Islamic law, known as meaning 'divine' law sharia 21. All saudi citizens must be of the muslim faith (true or false) 22. According to your text is a voluntary, non-binding, conciliation process. 23. is a form of Alternative Dispute Resolu- tion in which the parties must agree to participate and once they do they may not withdraw. It is frequently used in international business 24. According to the text, arbitration isn't cheap. What are the other listed disadvantages to arbitration? (5 disadvantages) true mediation Arbitration • Limited right to appeal the deci- sion • Discovery is lim- ited (so may not know all the facts) • Relaxed proce- dural rules may allow admission of evidence that would otherwise be excluded • Limitation of the right to initiate liti- gation 25. According to your text there are many private organi- zations worldwide that provide arbitral services. There are two additional organizations that provide dispute resolution "between private parties and national gov- ernments" 26. The validity of arbitration clauses in international business contract (is/is not) generally accepted 27. According to your text, the courts of most nations (do/do not) recognize and enforce arbitral awards 28. is the power of the court to hear and decide a case. 29. jurisdiction is the courts authority to hear a certain type of legal matter, such as tort cases or breach of contract. 30. No party (individual or corporation) can be made to appear before a court unless that court has jurisdiction 31. The general rule in the European Union is that juris- diction is determined by the domicile of the though there are several exceptions 32. Chinese courts (may/may not) exercise jurisdiction over non-resident defendants who are present in Chi- na 33. Personal jurisdiction is obtained through lawful ser- vice of process. According to your text, perhaps the • No precedential value to an arbitra- tor's decision • International Centre for the Settlement of Investment Disputes • Permanent Court of Arbitration at the Hague is do Jurisdiction Subject matter personal defendant may not letter rogatory safest method, but one that can cause very long de- lays, is a formal request for service made through a 34. refers to the geographic location of a court of competent jurisdiction where a case can be heard 35. 14. The legal doctrine of refers to the discretionary power of a court to refuse to hear a case, even though jurisdiction and venue are other- wise proper, because a court in another jurisdiction or location would be more convenient and justice would be better served. 36. A significant motivation for forum shopping is the perception that US courts will be more likely to award larger amounts of damages to injured parties than courts in other countries. This perception is very true in the area of damages 37. A is a provision in a contract that fixes in advance the jurisdiction in which any disputes will be arbitrated or litigated. 38. Contracts should be governed by the law of the ju- risdiction that has the most significant relationship to the transaction and the parties. The Restatement (Second) of the Conflict of Laws sets out five factors to be considered Venue forum non conve- niens punitive forum selection clause • The place of con- tracting (i.e. where the acceptance took place) • The place where the contract was negotiated (partic- ularly is the parties met and negotiat- ed at length) • The place where the contract will be performed • The location of the subject matter 39. clauses are contract provisions that stipulate the country or jurisdiction whose law will ap- ply in interpreting the contract or enforcing its terms 40. refers to the willingness of one court or department to respect the rules or decision of another or to grant it some privilege or favor. It is a judicial doc- trine based on the desire for courtesy and reciprocity between countries. 41. Any impediment to trade in goods or services. A/An barrier is any impediment, direct or indirect, to the entrance or sale of imported goods or services existing in the country of importation. 42. A tax levied on goods by the country of importation. It is usually computed as a percentage of value. 43. A tax levied on goods by the country of importation, computed on the basis of physical units. 44. At international meetings held in 1947, a multilateral trade agreement was reached between 23 nations. Called it reflected a more international view of the world's economic and trading system than had existed and would become the most important trade agreement of the twentieth century . of the contract • The domocile, residence, nation- ality, place of in- corporation and place of business of the parties Choice of law Comity import barrier Ad valorem tariffs specific or flat tar- iffs General Agree- ment on Tariffs and Trade 45. The six functions of the WTO are 1. To facilitate in- ternational coop- eration on trade is- sues 2. To adminis- ter the GATT/WTO agreements 3. To provide a forum for future trade negotiations 4. To monitor na- tional trade poli- cies 5. To assist de- veloping countries in complying with GATT/WTO agree- ments by giv- ing technical as- sistance 6. To provide a fo- rum for the settle- ment of trade dis- putes 46. The states "Nothing in this act shall be Uruguay round construed to amend or modify any law of the United States relating to the protection of human. life, the protection of the environment or worker safety" agreements 47. A is each country's promise to reduce tariff concession tariffs on imports of a given item in return for tariff concessions from other countries. 48. The is the maximum tariff rate a country bound rate may charge on an item, although tariff rates may be reduced below this. 49. is one of the basic rights of membership in the WTO. 50. is agreeing to accord items imported from that country the most favorable treatment, or Nondiscrimination Most favored na- tion trading status the lowest tariff rates that it gives to like products imported from other MFN trading nations. 51. In the US, the term 'most favored nation' is now re- ferred to as 52. GATT article XX provides that countries may restrict imports when necessary to meet the following public policy goals 53. WTO countries whose companies ship beach chairs to Australia may file a complaint with the WTO for or impairment of their national rights under a trade agreement. 54. Governments who file a complaint with the WTO for nullification or impairment of their national rights must first engage in 55. If no resolution is possible they may request binding dispute resolution before the WTO 56. The GATT/WTO agreements permit the granting of or preferential tariff treatment to devel- oping countries to help further their social and eco- nomic developments. normal trade rela- tions 1. When neces- sary to protect public morals 2. To protect hu- man, animal or plant life or health 3. To stop infringe- ment of intellectual property rights 4. Relating to traf- fic in nuclear mate- rials, arms or am- munition 5. During time of war nullification trade consulta- tions Dispute Settle- ment Body trade preferences [Show Less]