1 / 22

International Law for Business

International Law for Business. 2. International Law for Business Arvind Ashta Course presented at American Business School, Paris Based on: Carolyn Hotchkiss’s book. Summary. Introduction National Law Public International Law Limits on National Power International Organizations

long
Télécharger la présentation

International Law for Business

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. International Law for Business 2. International Law for Business Arvind Ashta Course presented at American Business School, Paris Based on: Carolyn Hotchkiss’s book International Law: A. Ashta

  2. Summary • Introduction • National Law • Public International Law • Limits on National Power • International Organizations • Private International Law • Conclusion International Law: A. Ashta

  3. Introduction • National Law: • Domestic • Other country • International Law • Public • Private • International Institutions Virginian Importer or Shop Goods Italian Exporter Money American defaults: Italian court ruling: Enforceable in US? US Customs Duty Goods defective: US law or Italian law? Italian Sale Contract UN Convention on Sale of Goods GATT International Law: A. Ashta

  4. National Law in US • Federal Law • Presidential Power • Congress Power • State Law International Law: A. Ashta

  5. US v. Curtiss-Wright Export Corp. • Treaties • Sovereign Power for treaties: Federal Level • Treaty negotiation: President • Treaty ratification: Congress • Not delegated power: plenary • President can keep secret information • President and Congress may delegate: example international commerce • Main regulators:Department of State, Defence and Commerce International Law: A. Ashta

  6. Public International Law • Deals with • War and Peace • Human rights • Territorial rights • How nations treat each others • How nations treat others’ nationals • Succession of governments International Law: A. Ashta

  7. Examples of succession • French bank lends to USSR, which breaks up into many Republics. • Who has to pay the French? • Time and need to borrow may solve the problem • USSR refuses Czar debt • (recognizes it in 1980) • Enron: one State grants subsidies. Next government stops them! International Law: A. Ashta

  8. Sources of Public International Law • Treaties • International Agreements • Customs • General Principles • Problem: who will enforce? International Law: A. Ashta

  9. Treaties • International organizations • UN, EU, NAFTA, • UN convention on International Sale of Goods • Contract between sovereigns • Bilateral, Multilateral • Need for ratification • Congress • Referendum (Danes vote No to Maastricht) • Delegation: • Congress power over international commerce • Delegated to President for Agreements • Agreements don’t need to be ratified International Law: A. Ashta

  10. Limits on National Power • Nationality of individuals • Right to protect nationals abroad • Acquisition: birth, parent, migration • Nationality of MNCs • Shareholders, employees, directors • Registered office • Most significant contracts International Law: A. Ashta

  11. Barcelona Traction case Canada Incorporation • Spanish government files for bankruptcy • Belgium tries to intervene • ICJ: place of incorporation (and not majority shareholders) Belgian Majority Shareholders Subsidiaries in Spain International Law: A. Ashta

  12. Jurisdiction • Power over subject matter • Power over those involved • Persons • Domicile • Nationality (French nationals living abroad) • Companies • Centre of business activities • Place of incorporation • Where Property is situated International Law: A. Ashta

  13. Exterritorial Jurisdiction • Over nationals living abroad • Over foreigners with activities inside • Any nation which catches a person • Slave trading • Piracy (not air) • Crime against humanity (not genocide, nor torture) International Law: A. Ashta

  14. International Organizations • United Nations • 1945 • Most nations • ICJ • UN Commission on International Trade Law • Unifies several areas of commercial law • Example: UN Convention on sale of Goods International Law: A. Ashta

  15. Economic Organizations • IMF • Stability of currencies • Worldwide central bank • Conditionalities to loans • World Bank • Loans to developing countries • Infrastructure projects • GATT and WTO • GATT was not ratified by US Senate • Therefore Agreement and not Treaty International Law: A. Ashta

  16. Regional Organizations • Increase Trade • EU • can refuse a merger between two US companies! • Increase security • OAS, ASEAN • With time both trade and security International Law: A. Ashta

  17. Private International Law • Deals with Effects of other nation’s law on its own courts • Examples • Us seller and Japanese buyer: whose law? • Swedish court: will it enforce an American judgment International Law: A. Ashta

  18. Hilton v. Guyot US • Comity • absolute obligation •  courtesy or goodwill • = recognition within its territory of law of others, due regard to • International duty and convenience • Rights of own citizens • France does not enforce others’ judgment without looking at merits • Reciprocity means • we can also look at merits and are not bound by comity French French Court: French wins US court For enforcing International Law: A. Ashta

  19. Conflicts of Laws: How to resolve? • Different States use different techniques • Territoriality • Place of property • Place where tort occurred • Place where contract signed or performed • Most significant contacts • Centre of gravity approach • Interest Analysis • The Better Rule International Law: A. Ashta

  20. Babcok v. Jackson • Facts: • 2 Americans in Ontario • Car Accident due to negligence • Passenger sues driver • US Court • Not place of tort: only incidental • Place of contract: for execution, interpretation and validity • Place of performance: for performance • Grouping of contacts or Centre of Gravity • Find out the most important place • US guest, US host, US car, US garage • NB for contracts • Best is to state which law is applicable • Usually courts will apply this. International Law: A. Ashta

  21. Enforcement of foreign judgments • US Federal courts: Federal or state law? • US State courts: Own or other States’ law? • Different courts: Enforce or not enforce foreign decisions • 17 States have agreed to Uniform Foreign Money Judgments Recognition Act (1962). • Will not look for reciprocity • Exception: Fraud, defectuos decree International Law: A. Ashta

  22. Bank of Montreal v. Kough • Facts • US citizen received notice • Did not appear • Lost • California had signed Uniform Foreign Money Judgments Recognition Act • So: California enforced the action • However, more difficulties in • Criminal Law and Taxation • Reciprocity required International Law: A. Ashta

More Related