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chapter 7: international law Exam solutions crafted by subject experts

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  • Chapter 7: International Law

International Law - ANSWER-if a nation violates an international law and persuasive tactics fail, other countries or international organizations have no recourse except to take coercive actions Attempts to reconciles the need of each country to be the final authority over its own affairs with th...

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  • October 20, 2024
  • 9
  • 2024/2025
  • Exam (elaborations)
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  • Chapter 7: international law
  • Chapter 7: international law
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chapter 7: international law Exam
solutions crafted by subject experts
International Law - ANSWER-if a nation violates an international law and persuasive
tactics fail, other countries or international organizations have no recourse except to
take coercive actions



Attempts to reconciles the need of each country to be the final authority over its own
affairs with the desire of nations to benefit economically from trade and harmonious
relations with one another - ANSWER-



Sources of International Law - ANSWER-



International Customs - ANSWER-Article 38(1) of the Statute of the International Court
of Justice refers to an international custom as "evidence of a general practice accepted
as law."



Treaties and International Agreements - ANSWER-



Treaty - ANSWER-an agreement or contract between 2 or more nations that must be
authorized and ratified by the supreme power of each nation



The president has the power "by and with the advice and consent of the senate, to
make treaties, provided two-thirds of the senators present concur." - ANSWER-



Bilateral agreement - ANSWER-agreement formed by two nations to govern their
commercial exchanges or other relations with one another



Multilateral agreement - ANSWER-formed by several nations (ex. ANCOM, ASEAN,
EU)

, International Organization - ANSWER-composed mainly of member nations and usually
established by treaty



Adopt Resolution - ANSWER-these organizations often adopt resolutions, declarations,
and other types of standards that often require nations to behave in a particular manner



Create Uniform Rules - ANSWER-CISG spells out the duties of international buyers and
sellers that will apply if the parties have not agreed otherwise in their contracts. CISG
governs only sales contracts between trading partners in nations that have ratified the
CISG



International Principles and Doctrines - ANSWER-used to resolve or reduce conflicts
that involve a foreign element



Comity - ANSWER-the principle by which one nation defers to and gives effect to the
laws and judicial decrees of another nation, as long as they are consistent with the law
and public policy of the accommodating nation. This recognition is based primarily on
respect



Act of State Doctrine - ANSWER-a doctrine providing 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



When a Foreign Government Takes Private Property - ANSWER-important
consequences for individuals and firms doing business with, and investing in, other
countries



Expropriation - ANSWER-a government's seizure of a privately owned business or
personal property for a proper purpose and with just compensation



Confiscation - ANSWER-a government's taking of a privately owned business or
personal property without a proper public purpose or an award of just compensation



Doctrine May Immunize a Foreign Government's Actions - ANSWER-tend to immunize
(protect) foreign governments from the jurisdiction of US Courts.

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