Chapter 51.docx - BUSINESS LAW Chapter 51 International Law 1 Introduction to International Law Section Outline J L Austin the legal realist famously

Chapter 51.docx - BUSINESS LAW Chapter 51 International Law...

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BUSINESS LAW Chapter 51 International Law 1. Introduction to International Law Section Outline J. L. Austin, the legal realist, famously defined law as “the command of a sovereign.” He had in mind the fact that legal enforcement goes beyond negotiation and goodwill, and may ultimately have to be enforced by some agent of the government. o The force and authority of a government in any given territory is fundamental to sovereignty. o In some nation-states, government control has failed to achieve effective control over substantial areas, leaving factions, tribal groups, or armed groups in control. For such nations, the phrase “failed states” or “failing states” has sometimes been used. A failing state usually has some combination of lack of control over much of its territory, failure to provide public services, widespread corruption and criminality, and sharp economic decline. o Still, international law is no myth. As we shall see, there are enforceable treaties and laws that most nations abide by, even as they are free to defect from these treaties. o Yet the recent retreat by the United States from pending international agreements (the Kyoto Protocol, the International Criminal Court) may be a sign that multilateralism is on the wane or that other nations and regional groupings (the European Union, China) will take a more prominent role in developing binding multilateral agreements among nations. © 2017 FlatWorld 1
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BUSINESS LAW Key Takeaway International law is based on the idea of the nation-state that has sovereignty over a population of citizens within a given geographical territory. In theory, at least, this sovereignty means that nation-states should not interfere with legal and political matters within the borders of other nation-states. 2. Sources and Practice of International Law Explain what a treaty is and how it differs from a convention. Understand that a treaty can be a voluntary relinquishment of some aspects of sovereignty. Describe customary international law, and explain how it is different from treaties as a source of international law. Describe some of the difficulties in enforcing one nation’s judicial judgments in another nation. Section Outline Different sources of international law include treaties and conventions, decisions of courts in various countries (including decisions in your own state and nation), decisions of regional courts (such as the European Court of Justice), the World Trade Organization (WTO), resolutions of the United Nations (UN), and decisions by regional trade organizations such as the North American Free Trade Agreement (NAFTA). o These sources are different, either because they involve parties from different nations or because the rule makers or decision makers affect entities beyond their own borders.
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  • Spring '16
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