Chapter 22- International Law in a Global Economy.ppt
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1、 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.,1,Chapter 22: International Law in a Glo
2、bal Economy,2, 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.,Learning Objectives,What i
3、s the principle of comity and why do courts deciding disputes involving a foreign law or judicial decree apply this principle? What is the act of state doctrine? In what circumstances is this doctrine applied? Under the Foreign Sovereign Immunities Act of 1976, on what bases might a foreign state be
4、 considered subject to the jurisdiction of U.S. Courts?,3, 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website f
5、or classroom use.,Learning Objectives,In what circumstances will U.S. antitrust laws be applied extraterritoriality? Do U.S. laws prohibiting employment discrimination apply in all circumstances to U.S. employees working for U.S. factories abroad?,4, 2011 Cengage Learning. All Rights Reserved. May n
6、ot be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.,International Law Sources and Principles,The most important principles and doctrines appli
7、ed in the interest of maintaining harmonious relations among nations: The Principle of Comity. The Act of State Doctrine. The Doctrine of Sovereign Immunity.,5, 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
8、a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.,Sources,International Customs: “evidence of a general practice accepted as law.” Treaties and International Agreements. International Organizations. Common Law and Civil Law System
9、s. Most of Europe, Latin America, Africa, and Asia based on civil law systems. England, U.S. and other ex-British colonies based on common law.,6, 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license dist
10、ributed with a certain product or service or otherwise on a password-protected website for classroom use.,The Principle of Comity,One nation will defer and give effect to the laws and judicial decrees of another country, as long as those laws and judicial decrees are consistent with the law and publ
11、ic policy of the accommodating nation.,7, 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
12、,The Act of State Doctrine,Judicial branch of one country will not examine the validity of public acts committed by recognized foreign government within its own territory. This doctrine is often invoked to protect: Expropriation, and Confiscation.,8, 2011 Cengage Learning. All Rights Reserved. May n
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