INTERNATIONAL BUSINESS LAW – Summer 2010
I. PUBLIC INTERNATIONAL LAW
A. Definition – How do we define?
Rule that has been accepted as such by the
international community
B. How do we determine what that law is & what do countries look
to?
1. Customary International Law
2. International Agreements
3. Common Principles of the world’s major legal systems (e.g.
murder)
C. What is Public (as opposed to private) International Law?
--- Governs relationships between countries
D. Interpretations: How is International Law usually interpreted –
by the high courts of individual nations.
1. PAQUETTE HABANA case example (fishing vessel exempt
as “spoils of war”)
II. THE LAW OF TREATIES
A. International law has been "codified" in the Vienna Convention:
Treaties must be followed by its signatories
B. What circumstances are there for countries to terminate a
treaty?
1. What is "multilateral" vs. "bilateral" treaty (examples?)
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C. Treaties Impact on Business:
1. Tax issues
2. Free Trade
3. Global Warming
III. INTERNATIONAL COURT OF JUSTICE
A. What is its structure & function?
B. Its limitations…
Only states can be parties
Enforcement mechanism is difficult
Jdx. exists only when a nation-state agrees to be bound
C. Jurisdiction: Jdx. may be on a case-by-case basis, depending
on state's consent
1. However, many states (like the U.S.) have filed a Certificate
of Acceptance agreeing to the ICJ jdx.
2. NOTE, however, that US has reserved certain types of
Disputes from ICJ jdx…
3. What happened in the Nicaragua - US case?
 Nicaragua filed claim in the ICJ because the US had
mined Nicaragua's harbors.
 A few days before, the US filed an amendment to their
Declaration of Acceptance exempting disputes involving
Central America from ICJ jdx.
 ICJ rejected the amendment as untimely (violated the US
Declaration's own 6-month requirement)
 ICJ proceeded (without US involvement) to hear the case
and ruled against the US.
 The whole thing became moot when Nicaragua's
government changed and it dropped the action.
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4. US has slowly "worked its way" to accepting ICJ jdx. more
readily.
5. What law is applied by the ICJ? International Law principles
IV. THE UNITED NATIONS:
A. Structure: What are the 3 main components & what is each's
function?
B. General Assembly:
C. Security Council
D. Secretary General
V. PRIVATE INTERNATIONAL LAW
A. What is it? Laws applying to private parties (sometimes referred
to as conflict of laws
B. What does this area of "conflict of laws" consist of?
 Choice of Law (which law applies - which country or
international)
 Choice of Forum (who has jdx.)
 Recognition/Enforcement of Judgments Will one country
honor another country's court orders.
C. How have "conventions" affected the resolution of conflict of
laws issues?
Provided uniform method for resolution of disputes
D. Examples:
1. Hague Convention on Service Abroad
2. Hague Convention on Evidence Abroad
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3. CISG ( Convention on the Int'l Sale of Goods)
VI. COMPARATIVE LAW
A. What is Comparative Law & how does it differ from International
Law?
B. What are the basic differences between common law system
and a civil law system?
1. Common Law: Case Law, Passive Role for Judge
2. Civil Law: No Case Law, Active Role for Judge
3. Islamic Law: Based on the ethical tenets of the Koran.
Things like excess profits and loan interest are
problematic. Shari'a : God's law
C. Resolving Conflict of Laws: May be a problem even within
similar systems…
VII. INTERNATIONAL ORGANIZATIONS:
A. Many affiliated with the United Nations (such as WIPO &
UNESCO)
B. Bretton-Woods Accords: What is the difference between the
International Monetary Fund and the World Bank?
C. GATT & WTO – basic function?
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