CHAPTER 2 International Law and the World’s Legal Systems

1. CHAPTER 2International Law and the World’s Legal Systems

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.

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.

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.

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.

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.)

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?

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.

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).

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.

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).

12. Role of U.N. in International Law • 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?

13. Role of U.N. in International Law • 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.

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.

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.

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.

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?

18. Ethics, Social Responsibility, and Corporate Codes of Conduct • 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?

19. Ethics, Social Responsibility, and Corporate Codes of Conduct • 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.

20. Corporate Codes of Conduct • OECD. • UN Global Compact. • Levi Strauss & Co. Global Sourcing and Operating Guidelines.

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.