International Law Types of law systems Common law

International Law • Types of law systems – – Common law Code law Islamic law Communism • Definition: – Treaties, customs, recognized principles when one country deals with another – Bilateral – Multilateral

LESCANT Factors • • Language Environment & Technology Social organization Contexting Authority Nonverbal behavior Time Concept

Contracts for the International Sale of Goods • 1980 • Adopted in 53 countries, including U. S. • Similar to UCC

Treaties and International Trade Organizations • WTO/GATT – Outlaws tariff discrimination – Most favored nation status – Outlaws nontariff barriers – Caps tariffs

Treaties and International Trade Organizations • UNCITRAL – United Nations Commission on International Trade Law – 36 countries – Proposes ‘model laws’ for uniformity

Treaties and International Trade Organizations • EU – European Commission • • – – – Education Health Culture Consumer protection Council of Ministers European Parliament Court of Justice Euro Antitrust laws similar to Sherman Act

Treaties and International Trade Organizations • NAFTA – All tariffs to be eliminated in 15 years • Can be “snapped back” if US is overrun with imports or imports cause harm • Duty free if 100% North American origin – Environment • Left to each nation if not arbitrary or unjustifiably discriminatory • Regulations must be “necessary” to protect life • Regulations must be based on “scientific principles” • No mention of genetic engineering

Treaties and International Trade Organizations • U. S. International Trade Commission – – – 6 appointed commissioners with 9 year terms Advises president on preferences (lower tariffs) Industries petition ITC Import interference with agricultural programs Keeps track of unit labor costs by country Special 301 • International theft of U. S. intellectual property • Identifies “priority foreign countries” • May impose sanctions

International Courts • No real enforcement • International Court of Justice (World Court) – Established by UN – Nation v. Nation – Voluntary agreement to have case heard – Not bound by the decisions – Not for business disputes

International Courts • European Court of Justice – Enforces EU law – Member nations, EU institutions, other parties & businesses v. member nations – Enforcement by national courts

International Courts • WTO dispute resolution – Trade disputes between member nations – May order retaliatory trade sanctions

International Arbitration • Organizations – American Arbitration Association – International Chamber of Commerce – UN Commission on International Trade Law • Arbitrator issues award – No enforcement power • Enforcement only if: – Nation is signatory of UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards

International Law Principles • Sovereign immunity – Equality of countries – Each country sovereign nation – No country subject to another’s laws without consent – International commercial transactions are voluntary – subjects country’s government to civil suits

International Law Principles • Expropriation – Act of State Doctrine – Recognizes as valid acts by other nations even if illegal in US – Usually challenged when private property is nationalized

International Law Principles • Protections of US property – Foreign Assistance Act of 1962 – Hickenlooper amendment • President can punish nations that expropriate private US property • Actual expropriation • Effective expropriation – Clauses in trade treaties – Overseas Private Investment Corporation (OPIC) • Federal insurer – premiums based on risk • Countries where per capita income is $250 or less • Confiscation, insurrection, repatriation, war, revolution

International Law Principles • Repatriation – Some nations limit repatriation – Acts of state • Forum non conveniens – Cases must be brought under the correct jurisdiction

Conflicts of Law • No 2 countries have the same laws • The parties may choose which law applies • By default, the laws of the country of contract performance apply

Protections in International Competition • Antitrust laws – US Law • All US firms • All firms operating in the US • Firms whose business has substantial impact on US trade • Who can sue – U. S. & foreign governments – U. S. & foreign businesses – Any other injured party

Protections in International Competition • Export Trading Company Act of 1982 – Allows Jvs between competitors when outside the US – Must show the firm will not: • Substantially lessen competition or restrain trade in the U. S. or restrain export trade of a competitor • Cause unfair competition • Affect the price of goods/services in the U. S. • Resell the exported goods in the U. S.

Protections in International Competition • Helms-Burton Act – 1996 – Punishment for firms that use confiscated U. S. property • Executives and families may not enter U. S. • Allows suits against those companies • Targeted at Cuba

Protections in International Competition • Intellectual Property – International agreements being negotiated – Gray Market goods • Goods with U. S. intellectual property protection are foreign made & imported without consent of U. S. trademark holder – Outlawed by U. S. Customs Service • Criminal Law – Individuals and businesses are subject to host country’s criminal law

Foreign Corrupt Practices Act • Applies to all businesses registered under SEC • Illegal to use mails or interstate commerce for bribes • Shareholders, officers, directors – 5 years in prison – $100, 000 fine • Business penalty – up to $2 million • Exceptions – – Grease payments Bribes to non-government foreigners Extortion payments Payments that are legal within he host country