Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. CHAPTER 2 International Law and the World’s Legal Systems

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 2 What is International Law? “A rule… that has been accepted as such by the international community.” Includes : –Customary international law. –International treaties and agreements. –General principles common to major legal systems.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 3 Public vs. Private International Law Public International Law. –Involves relationships between countries and applies “norms regarded as binding on all members of the international community” –Examples of issues: when is it appropriate for a country to use force? Private International Law. –Deals with the rights and responsibilities of private individuals or corporations operating in an international environment. See the Paquette Habana (1900) case.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 4 U.S. Alien Tort Claims Act Enacted in 1789, gives federal courts jurisdiction over civil actions for damages brought by non- US citizens for injuries occurring overseas. –Used now for human rights cases brought against US multinational companies. –For the scope of the law today, see the Sosa v. Alvarez-Machain (2004) case.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 5 The Law of Treaties Treaties are binding agreements between two or more nations. A “convention” is a treaty. Bilateral vs. multilateral treaties. Protocol is an agreement on matters less significant than those addressed in a treaty.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 6 The Law of Treaties Vienna Convention of the Law of Treaties: codified in 1980 the customary law regarding treaties. Self-Executing and Non-Self-Executing Treaties. –Self-Executing is one that has a “domestic law effect.” –Non-Self-Executing requires some Congressional action before it becomes law. –See the Renkel v. United States (2006) case. What about cyber crime as an international legal issue? (Budapest Convention on Cybercrime.)

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 7 International Human Rights and Humanitarian Law International Humanitarian Law. –Example: Geneva convention. International Human Rights Law. –Most recent 2003 Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children (UN). –What about the 2007 Convention on the Rights of the Child?

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 8 International Criminal Law International Criminal Court in the Hague, the Netherlands. –Only can hear cases in a crime is committed in, or which the defendant is a national of, a country that has ratified the treaty. Jurisdiction of ICC. –ICC has authority to hear three types of cases: genocide, crimes against humanity, and war crimes.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 9 Principles of International Criminal Jurisdiction Extraterritorial Reach of Domestic Law. –What about “transnational” crimes? –How do these factor into jurisdiction: Territoriality. Nationality. Protective Principle. Passive Personality. Universality. Jurisdiction Over International Terrorism. See the case of United States v. Ramsey Yousef (2003).

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 10 Mutual Legal Assistance and Extradition Mutual legal assistance treaties are agreements for law enforcement cooperation. –The U.S. has over 50 MLA’s in force. Extradition: one country surrenders a person to the courts of another to stand trial in a criminal case.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 11 Concepts of Public International Law Comity: willingness of one court or government to respect the rules and laws of another. –International comity is a judicial doctrine. –The Charming Betsy concept. Sovereign Immunity: supreme and absolute power that governs an independent state/nation. –Protects nations, unless it is a commercial enterprise. Act of State: principle of domestic law that prohibits the courts of one country from inquiring into the validity of another country’s law(s).

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 12 What is the impact of the veto power? What problems do you see with this structure? What role did the UN Security Council play during the Cold War? Gulf War I? Bosnia? Afghanistan? Iraq? Role of U.N. in International Law

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 13 General Assembly ( each country has one vote). Security Council ( 15 members, including 5 permanent members ( China, U.S. Russia, France and U.K.) and 10 members who rotate on a staggered basis every 2 years. The 5 permanent members have veto power over non procedural issues. Role of U.N. in International Law

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 14 U.N.: International Court of Justice Also known as the World Court or the I.C.J. 15 judges serving 9 year terms. Based in The Hague, Netherlands Only states can be parties and states must have accepted the Court’s jurisdiction. –See the Liechtenstein v. Guatemala (1955) case.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 15 U.N.: International Court of Justice The Court hears cases brought by nations against nations. Enforcement is primarily through “world opinion”, diplomatic pressure, and good faith of countries.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 16 U.N. Agencies Affecting International Law International Labour Organization. –Important: international labor standards (recommendations) for basic worker rights. Commission on International Trade Law. Conference on Trade and Development. World Intellectual Property Organization. Office on Drugs and Crime.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 17 Ethics, Social Responsibility, and Corporate Codes of Conduct Corporate Social Responsibility in Developing Countries: A Tale of Two Worlds. –Should businesses be concerned about human rights? –What is the purpose of Codes of Conduct? –Do you think they are effective? –How should we define international ethics? –What about imposing our “first world” standards on the third world?

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 18 Public relations issues. Legal ramifications: update on Unocal case and the Alien Tort Claims Act. Is there agreement on what are universal human rights? Rights of women? Animal rights? Do we need more treaties? Likelihood of agreement? Ethics, Social Responsibility, and Corporate Codes of Conduct

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 19 What should the role of business be in the debate about human rights and ethical business practices in a global environment? More discussion will follow in chapters dealing with trade. Ethics, Social Responsibility, and Corporate Codes of Conduct

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 20 Corporate Codes of Conduct OECD. UN Global Compact. Levi Strauss & Co. Global Sourcing and Operating Guidelines.

Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 21 Comparative Law: Differences in National Laws and Legal Systems Modern Japan: Example of Legal Change. Civil Law Systems vs. Common Law systems? –Revival of Justinian Code. –Origins of Common Law (England, U.S., Canada, Australia). Islamic Law. –Saudi Arabian legal system. –Pakistani legal system. –See the M.Aslam Khaki v. Syed Mohammed Hashim (2000) case.