Download Public International Law - Bussiness Law - Lecture Slides and more Slides Commercial Law in PDF only on Docsity! IMBA 571 PUBLIC INTERNATIONAL LAW & ORGANIZATIONS Abu Shouk refugee camp in Sudan Photo by US Representative Frank Wolf docsity.com PUBLIC INTERNATIONAL LAW • “A rule of international law is one that has been accepted as such by the international community of states: a. in the form of customary international law; b. by international agreement; or c by derivation from general principles. common to the major legal systems of the world.” docsity.com CASE: The Paquette Habana Supreme Court Ruling • REASONING (cont.): – Doctrine that exempts fishing vessels from capture has been known to US – “International law is part of our law . . . “ – “Where there is no treaty. . . [we look to] the customs and usages of civilized nations…” • RULING: – US must pay owner for damages docsity.com The Law of Treaties Vienna Convention, in force 1980 • Codified some customary int’l law • Applies to bilateral or multilateral • Not all nations are signatory A t 26 “P t t d ”• r . ac a sun servan a : – “Every treaty in force is binding upon the ti t it d t b f d bpar es o an mus e per orme y them in good faith.” docsity.com The Law of Treaties • Treaty termination allowed if – fundamental change in circumstance, or if treaty violates jus cogens (premptory– norm of general international law) docsity.com United States v Alvarez- . Machain, Supreme Court Ruling • RULING: – Treaty does not obligate states to refrain from abduction, but only provides a mechanism where no other exists – Treaty is NO defense – US jurisdiction exists docsity.com Impact of Treaties on Business • Treaties impact private individual rights since State’s obligation becomes a citizen’s obligation docsity.com Example: Montreal Protocol • Title: Montreal Protocol on Substances That Deplete the Ozone Layer – US ratified in 1988; entered into force 1989 – Implemented in the US through the Clean Air Act: auto emissions limits, inspections, catalytic converters, fuel ingredients… – “Perhaps the single most successful international agreement to date...“ Kofi Anan docsity.com INTERNATIONAL ORGANIZATIONS • Most via the United Nations – FAO, ILO, UNESCO, WHO, WIPO • Commissions est for special purpose . – UNCTAD, UNICITRAL, UNIDROIT… docsity.com BRETTON WOODS ORGS. • Int’l Monetary Fund (IMF) – 181 states – lends money to developing nations to assist with problems of economic development • World Bank – assists member states, rich or poor, with balance of payment •Controversy d thproblems and finances development projects in developing nations surroun s ese organizations •Photo: Kyrgyz citizens protest World Bank in ‘06 docsity.com GENERAL AGREEMENT ON TARIFFS & TRADE (GATT) • Grew out of post-WWII economy – Purpose was to commit member states to principles of nondiscriminatory trade – Eventually led to more formal WTO body • World Trade Organization – now the dispute resolution body for GATT docsity.com
