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LGST 219 - Class 3 Notes

LGST 219 - Class 3 Notes - Lecture 3 Sept 14*Choice of...

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Lecture 3, Sept 14 *Choice of forum does not preselect the governing law -in cases of international nature -courts face choice of law problems and need to abide by their choice of law rules Sovereign immunity a defense comes up when suing governments/ governmental agencies -WHY do we have sovereign immunity? o Issue of enforcement o Idea of reciprocity – in a country’s interest not to set precedent for suing governments Restrictive Sovereign Immunity: in some cases, government can get protection in lawsuits. In other cases, it cannot. Procedure (forum) versus Substance (law) -US court can use Chinese law (substance), but forum procedure remains. - Due process is part of US court procedure . It is about fairness, protecting individuals from governments ICSID: international center for the settlement of investment disputes -So, if the US investor owned BCA and the dispute was in China, there would for sure be a forum for relief through ICSID ( no sovereign immunity defense in ICSID ) Transnational vs international International cases are ones that are of concern to the international community Transnational cases are one that cross national frontiers With this distinction in mind, Yang Rong’s case can be seen as transnational case WTO is useful in setting standards and laws for international business Basel Convention to deal with international shipping of toxic waste -Of interest to the international community to regulate the transnational shipment of toxic waste Private parties transactions also now covered by international law (CISG) Even actions of people in a certain territory can be covered by international law (encroaches on national sovereignty?) e.g. US investor investing in Ecuador. What law would apply? -International law -Bilateral law (bilateral investment treaties?) -Regional law that applies in various parts of latin America -National law (whether US or Ecuadorian law) - Depecage: use of a variety of laws to decide a case o confusing o should move towards the expansion of international law
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OECD: organization of economic cooperation and development
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LGST 219 - Class 3 Notes - Lecture 3 Sept 14*Choice of...

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