Need effect on USEMPAGRANSCOTUS limits liability to corp’s whose activities have domestic effects. Those affected in foreign nations can’t sue. FACTS:Collusion in vitamin market worldwide. Both domestic and foreign injury. All parties sued in US.HOLDING:Only those with domestic effects could sue in US. Don’t want to take jurisdiction for foreign parties, foreign conduct, foreign injury59
IV. DISPUTE RESOLUTION: A. Ad Hoc Approach to Dispute Resolution1. Dispute Resolution Among Sovereign Statesi. Non-Judicial Methods of Dispute Resolution—The Military1. Ancient Approach—Might Makes Right: HISTORYOFTHEPELOPONNESIANWAR– MELIANDIALOGUE: Athenians show up with army and give Melians the choice of slavery or death.Athenians: Might is might (not even might makes right, just might is might); it is the natural way ofthings that might makes right—so God and history are on our side; be rational.The Athenians are very candid. Not about justice, it’s the law of NatureoMelians: God will be with us; we don’t want to be slaves; and we might get help from the Spartans.NOTE: Neither group says war is wrong—it is the consequence of the break-down in negotiation. No underlying moral principle being violated. No moral, legal dispute resolution available. Force is what matters.Classic Approach—Just War: THERIGHTSOFWARANDPEACE(Hugo Grotius)--The foundational textof Classic Int’l Law—War is wrong if it is not just war.Natural Law:Look at how nature is run, might does make right in some cases. You get your necessities without force, unless force is necessary.Theory of Just War—There are good reasons to go to war, and there are bad reasons to goto war (e.g., for no reason). There is just war and unjust war.Just war:You must follow certain formalities. If you comply w/ these formalities, you can even wage an aggressive, offensive war. Will have to justify actions. Biggest formality is “declaring” war.Slows process: Have to make argument that a particular war is just; bring others into the dispute to challenge actions; slows, but doesn’t stop; not an effective restraint on warfareModern Approach—Mandatory Peaceful Dispute attempts: “Just War” concept lasted until the middle of the 20thcentury.—WWII was a just war; BUT Modern Trend is that no aggressive war is a just war. Only self-defense is okay.SeeUN Charter.But note Iraq: ONWAR, (Von Clausewitz)—War is the continuation of politics by other means.—War is a political means to a political end. It is a tool, the last tool you want to use, but still a tool. Ex.—look at lead up to invasion of Iraq.ii. Modern Approach—An Affirmative Obligation upon States to resolve peacefully disputes. 1928 League of Nations—compulsory dispute resolution mechanism-- first, to conciliation and second, tomore binding arbitration or adjudicationCompromissory Clauses—provision of a treaty that requires peaceful resolution of disputes and grants jurisdiction to particular institutions.