B LAW 341 Lecture Notes - Lecture 3: False Advertising, Fourteenth Amendment To The United States Constitution, Alien Tort Statute
Presentation 20 - Mar29
1. International Law: collections of laws of many countries; you are subject to the laws of
countries you do business in
1.1. Bilateral treaties: trade agreements between 2 countries (like a contract); bind
members with specific guarantees; trade agreements have provisions for
withdrawal but congress must be involved in undoing by implementing legislation
1.1.1. Can be Bilateral Investment Treaties (BITs): country to country
agreements to protect the assets of businesses
1.2. Multilateral treaties: agreements between multiple countries (ex: NAFTA-
lowering trade barriers; EU- covers several issues)
1.2.1. Congressional executive agreements: congress gives president power
to negotiate treaties
1.2.1.1. Trade promotion authority: president is generally the negotiator
but sometimes treaties involve things that congress has to do;
congress sets negotiation goals then gives thumbs up or down
when the president signs
1.3. International treaties and declarations: meant for everyone to sign on to if
possible; most prominent one is the 1994 Gatt; treaties are binding among
signatories
1.3.1. Self vs non self executing treaties: treaties that become the law when
you sign it/when it’s ratified vs when a gov agrees to something and then
it’s up to congress to create the laws to make it work
1.3.2. Declarations are aspirational: ex- universal declaration of human rights;
don’t generally define what you have to do/not binding
1.4. Customary international law: some things are so basic that we can all agree on
it (ex: torture is wrong)
1.5. Contract/treaty examples:
1.5.1. Convention on contracts for the international sale of goods: an
agreement that sets basic rules for dealings in contracts like the sale of
goods (international version of the UCC); self executing treaty signed by
84 countries; consideration not required
1.5.1.1. Can be overridden by party needs: can change the choice of
forum (where dispute will be litigated); can change the choice of
law (which law will apply); can add arb agreements
1.6. International Legal Env- Private Actions: arrangements between 1+ parties
that govern trade and other rights; often by contract; promises made to
stakeholders
1.6.1. Can be wide reaching; may be more important in practice than binding
international law is
1.6.2. May be the best way to create social change
1.7. International enforcement mechanisms:
1.7.1. State non-compliance: in some cases, heads of state can be sued by
private parties, only if the country has agreed to be sued; rare
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1.7.1.1. International fora for dispute resolution- WTO dispute
settlement body: if you have a dispute with another country’s
performance, you go here; if they are in violation then there are
sanctions
1.7.2. Individual non-compliance: if an individual (company or person) is not
complying with national law, they can be sued in national court
1.7.2.1. International arb: more disputes are decided this way; common
for dealing with sale of goods
2. Getting Along
2.1. Comity: respecting decisions that other countries make
2.1.1. Enforce judgments too unless they are contrary to your law (ex: US
courts do not always have to enforce defamation judgments of other
countries b/c they are likely to violate 1st amendment)
2.2. Sovereign immunity- Foreign sovereign immunities act (FSI): in general, you
can’t sue other countries (they are immune)
2.2.1. Unless a gov commercially or tortuously acts in the US
2.2.2. Can be a waiver of immunity (can agreed to be sued)
2.2.3. Case- OBB V. Sachs: US resident Sachs fell on OBB train tracks in
Austria and suffered injuries; sued for negligence while in Cali for
treatment; OBB claimed they are not subject to US jurisdiction
2.2.3.1. Court: FSI would usually prevent from suing in Austria but there’s
the exception of commercial activity; Sachs did buy the ticket in
the US but this had nothing to do with her getting hurt directly;
wasn’t a reason to use FSI exceptions so no jurisdiction
3. International Trade
3.1. Intl trade regulation
3.1.1. Progression of trade leads to more regulation to facilitate:
3.1.1.1. Risks from failing to consider that another jurisdiction's law may be
in play
3.1.1.2. Risks from differences between countries
3.1.2. General Agreement on Tariffs and Trade (GATT): lower trade barriers
are better for everyone b/c it’s more efficient; settlement dispute body
allows you to raise tariffs w/o punishment if someone has engaged in
unfair trade with you
3.1.2.1. 1994 revision led to World Trade Org
3.1.2.2. Allows open trade and reduces protectionism; does 4 things:
3.1.2.2.1. Nondiscrimination between countries: all countries in
GATT are treated the same
3.1.2.2.2. Everyone gets national treatment: don’t treat your own
citizens better than other countries
3.1.2.2.3. Reduces tariffs (taxes on imports) and other barriers:
leads to greater overall wealth
3.1.2.2.4. Protects intellectual property: copyrights, patents, etc
3.2. Intl orgs impacting trade
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3.2.1. United nations: includes agencies that impact trade-
3.2.1.1. Intl monetary fund: provides funds to govs to ensure currency is
stable
3.2.1.2. World bank: provides funding to govs usually to improve
infrastructure; gives loan to developing countries
3.2.1.3. Food and agriculture org
3.2.2. Organization for economic cooperation and development (OECD):
doesn’t actually have power but proposes all kinds of rules; provides
insight on economic conditions and recommends policy
3.2.2.1. Funded by 34 industrialized economies
3.2.3. World trade org (WTO - established by GATT in 1994): includes most
of the world; power to amend through Ministerial Conference; dispute
settlement body; 164 members
3.2.3.1. US - COOL: dispute settled by the WTO; agricultural mktg act of
1946 required country of origin labeling (COOL) for beef and pork;
Canada and Mexico complained that it disadvantages foreign
meat; allegedly violated Treaties by favoring American goods
which is illegal under WTO
3.2.3.1.1. WTO dispute settlement body: said the laws have a
detrimental effect on imported meat and that Mexico and
Canada could impose billions in tariffs against US to make
sure they fix the law/comply
4. Human Rights (HR) Rules
4.1. Human Rights Framework: includes 3 main treaties (Bill of human rights)
4.1.1. Universal declaration of human rights: initial HR document; rights of
privacy, against torture, etc.
4.1.1.1. Aspirational declaration but not binding: says this should be
the way we run our laws but it’s not enforceable
4.1.1.2. US is a signatory: but no consequences if we violate it
4.1.2. Intl covenant on civil and political rights: US bill of rights highly aligns
with these rights; not self executing but contains obligations; liberty,
security, due process
4.1.2.1. US has ratified: supposed to comply
4.1.3. Intl covenant on economic, social, and cultural rights: not self
executing but contains obligations; labor, health, education, cultural
freedom
4.1.3.1. US has not ratified (but most of the world has)
4.1.4. Other treaties: rights of children, women, disabled, etc.
4.2. HR enforcement:
4.2.1. Treaty bodies (committees) for each treaty are used to interpret
meanings (ex: “a right to education means ______”)
4.2.1.1. Binding only in obligation to act
4.2.1.2. Violations result in diplomatic negotiation or collective sanction
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
International law: collections of laws of many countries; you are subject to the laws of countries you do business in. Bilateral treaties: trade agreements between 2 countries (like a contract); bind members with specific guarantees; trade agreements have provisions for withdrawal but congress must be involved in undoing by implementing legislation. Can be bilateral investment treaties (bits): country to country agreements to protect the assets of businesses. Multilateral treaties: agreements between multiple countries (ex: nafta- lowering trade barriers; eu- covers several issues) Congressional executive agreements: congress gives president power to negotiate treaties. Trade promotion authority: president is generally the negotiator but sometimes treaties involve things that congress has to do; congress sets negotiation goals then gives thumbs up or down when the president signs. International treaties and declarations: meant for everyone to sign on to if possible; most prominent one is the 1994 gatt; treaties are binding among signatories.
