International Business Law

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International Business Law
Definitions and sources of law (handout and class notes)
* A set of rules or regulations laid down by parliament or an agency * Principles of state law
* Judicial precedents
* Legislation (statutory law)
* Federal and state (constitutional law)
* Administrative rules and regulations
* Municipal law or community law
* Ordnances
* Law from making treaties
* Common law: derived from judicial precedents (unwritten) * Statue law: derived from legislation (written)
* Customary law: derived from customs
* Relgious Law: Sharia law from the Koran
* Code of Hammurabi
* Private vs. Public
* Public law
* Deals with the state, either by its self or in its relations with individuals * Constitutional law: when it regulates the relations between the various divisions of the sovereign power * Administrative law: regulates the business which the state has to do * Private or civil law

* Regulates relations between individuals with which the state is not directly concerned (husband and wife, child and parent etc.) * Torts, contracts, sales, commercial paper, agency, partnerships, corporations, property * Primary vs. Secondary

* Primary law and International public law
* General principles
* Secondary law
* Article 38. International court statue
* Writings of international scholars
* International law
* Concerns between nation states, intergovernmental agencies and international institutions * United Nations, International court of justice, international criminal court, IMF * Private international law

* Governs conflicts between private persons, natural or legal persons, and corporations (ie Stock corporations) * “Conflict of laws”
* Disputes between corporations in different
* Agent and Principle: Agent speaks on behalf of the principle (a lawyer is an agent for their client who is the principle * Consolidation: when two companies become a third company (A + B = C) * Merger: when one company takes over another (A + B = C) * Unilateral agreement: when the agreement is one sided. Ex: If you catch Jesse James I will give you an award * Bilateral agreement: when the agreement is contingent on both sides. * Intra vs. Inter

* Intra is within a company or state
* Inter is between companies or states
Problem analysis (handout)
* Identify the facts, reject the irreverent
* Translating the subject matter
* Identifying the problem, formulation of the central question * The legal character
* General legal and specific principles
* Specific conclusion
International Law in the Global Economy (chapter 37)
* Increasingly multinational
* Far greater risks in the international market because of more complex and uncertain laws International Principles and doctrines
* International law is a body of written and unwritten laws that are observed by otherwise independent nations and that govern the acts of individuals as well as states. * Treaties
* Customary law
* General principles
* International Judiciary
* Writing of exports into international law
* The principle of comity
* A deference which one nation gives effect to the laws and judicial decrees of another nation. This recognition is based primarily upon respect * When two states agree to acknowledge an agreement (ie divorce agreement) * The act of state doctrine

* A doctrine that provides that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory. * Supreme court decision is upheld within the USA and no where else * Expropriation: the seizure by a government of...
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