Summary: International Business Law | 9780273768616 | Don Mayer
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1 introduction to international and comparative law
This is a preview. There are 73 more flashcards available for chapter 1
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How law is classifiedThe 3 legal systems we use:
l Romano (Latin)-Germanic Civil Law (continental law)
l Anglo-American Common Law
l Islamic law (Shari’a)
§ sources:
§ the Holy Koran,
§ the Sunna or traditional teachings and practices of the Prophet Muhammad,
§ the writings of Islamic scholars
§ the consensus of the legal community.
l (African-tribal customary law) -
What is a contract?
An agreement between 2 or more parties, about what they together should or should not do.
Produces legal consequences if they are not emt -
What is an international contract?
A contract formed between 2 or more parties which are established in different states/countries -
During the formative stage of a rule of customary law
a state can persistently object to the rule and the rule will not apply to this state -
what are the 3 kind of international relation ships
1 states - states
2 states - persons
3 persons - persons -
what is territorial basis?
if a business incorporated in a different state operates a manufacturing facility in your state and violates the law of your state, your state will have the wellrecognized power under customary international law to hear and decide case against the foreign defendant.
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What is international private law?
A set of rules that regulate affairs of private and juridical/legal persons in international traffic -
what is National Jurisdiction?
if US companies do certain acts in foreign states, they may still be held accountable in US courts under the principle of nationality jurisdiction.
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Public international law example bodies
· International personality
· State territory
· State succession
· State responsibility to aliens
· Law of the sea
· International dispute settlement
· Law of war
· Human Rights -
what is objective territoriality jurisdiction?
if a foreign company acts in a way that directly affects a state other than their own, they may be held accountable by the other state.
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