1. Prentice Hall © 20051 PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 9 International and Comparative Law

2. Prentice Hall © 20052 International Law International law is law that governs affairs between nations and that regulates transactions between individuals and businesses of different countries

3. Prentice Hall © 20053 United States and Foreign Affairs Commerce Clause Vests Congress with the power “to regulate commerce with foreign nations” Treaty Clause States that the president “shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur”

4. Prentice Hall © 20054 Sources of International Law Custom Consistent, recurring practices between two or more nations over a period of time that have become recognized as binding General principles of law Principles of law recognized by civilized persons Judicial decisions and teachings Judicial decisions and writings of the most qualified legal scholars of the various nations involved in a dispute Principle of comity Courtesies between countries based on respect, goodwill, and civility, rather than law Treaties and conventions Agreements or contracts between two or more nations that are formally signed by an authorized representative and ratified by the supreme power of each nation

5. Prentice Hall © 20055 United Nations An international organization created by a multilateral treaty in 1945 Governed by: The Security Council Composed of 15 member nations The General Assembly Composed of all member nations The Secretariat Administers day-to-day operations

6. Prentice Hall © 20056 International Regional Organizations European Union Latin, Central, and South American Economic Communities African Economic Communities Middle Eastern Economic Communities World Trade Organization

7. Prentice Hall © 20057 World Trade Organization World Trade Organization (WTO) An international organization of more than 130 member nations created to promote and enforce trade agreements among member nations

8. Prentice Hall © 20058 International Courts International Court of Justice European Court of Justice National courts The majority of cases involving international law disputes are heard by the national courts of individual nations

9. Prentice Hall © 20059 International Contract Clauses Affecting Jurisdiction and Choice of Law Forum selection Designates the judicial or arbitral forum that will hear and decide the case Choice of law Designates the law to be applied by the court or arbitrator in deciding the case

10. Prentice Hall © 200510 Act of State Doctrine and Sovereign Immunity Compared Act of state doctrine An act of a government in its own country that is not subject to suit in another country’s courts Sovereign immunity Act of a government in a foreign country that is not subject to suit in the foreign country

11. Prentice Hall © 200511 International Arbitration Nonjudicial method of dispute resolution where a neutral third party decides the case Parties agree to be bound by the arbitrator’s decision

12. Prentice Hall © 200512 Extradition Sending a person back to a country for criminal prosecution The United States has entered into extradition treaties with many countries