final exam sheet

final exam sheet - International Law Enforcement problems...

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International Law Enforcement problems and methods: 1. we can go to war 2. We can engage in trade sanctions 3. We can engage in boycotts 4. A country can end diplomatic relations with another country 5. We can go to court Nature of International Law: it is like its own system. Has its own property, criminal, and tort law. International law is rooted in civil law Sources of International Law Treaties and international agreements: are contracts between and among countries, voluntary contracts. In the U.S. there is a difference between a treaty and an international agreement. In U.S. two step treaty process 1. President signs 2. 2/3 ratification vote in the senate International agreement the president merely has to sign it. In U.S. treaty trumps international agreement. Types of Treaties bilateral: 2 countries; easy to negotiate multilateral restrictive: invitation only; European Union multilateral general: open invitation; United Nations International Customs: essentially patterns or ways of relating that have evolved over thousands of years; quantitative test; more than half the worlds countries must adopt or acknowledge it as a custom Regional Customs: continentally based; 2 countries that have regional customs that differ from international customs, South America & Asia; if you are doing business within the continent then you follow the regional custom International organizations and conferences: created by treaties and international agreements give us more law; any law created by an international organization must be in line with the treaty. European Union is in line with every regulation, decision, or directive. Every law must be in line with our constitution General principles of international law: made up of commonalities in the domestic law across the worlds several countries. If all countries agree on a particular principal of law its then internationalized such as homicide Sources of Jurisdiction territorial principle: if it takes place in a country that country has jurisdiction does not matter what happened or who is involved nationality principle: a country has jurisdiction over its citizens wherever they go and in whatever it is they do. Become a citizen of a country: being born here, naturalized by marriage or sponsored by an employer giving you a green card are routes to citizenship, if parents are American citizens dual citizenship both countries has jurisdiction over you; companies cannot have dual citizenship passive personality principle: gives countries jurisdiction over there citizens wherever they go whenever they are victimized nationality addresses wrongdoers while personality addresses victims protective principle: a country can use this principal when an act that takes place outside their borders that threatens the physical or economic integrity of that country universal principle: there are some activities that are so heinous that every country has jurisdiction and every country can prosecute it can involve people or companies also called crimes
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final exam sheet - International Law Enforcement problems...

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