You are on page 1of 15

Transnational Law Outline

I. Transnational Legal Problems
a. Conflicts Between National Laws
i. Autocephalous Greek- Orthodox Church of Cyprus v. Goldberg &
Feldman Fine Arts, Inc – replevin- to get back property that was stolen.
Holy relics taken out of wall in Cyprus. Country split into north and
south, church in the north. Goldberg was an art dealer in Indiana and
she got the painting in a Swiss airport. Swiss does not apply because
never entered stream of commerce. Indiana – money, bank, citizen now
holding possession, current place of mosaic
1. Jurisdiction - Decide foreign entity’s citizenship by if that
state would recognize them as a citizen
2. Choice of law – choose choice of law analysis of the state in
which you sit, then analyze which choice of law to apply by:
most significant contacts
a. Place where the conduct causing the injury occurred
b. The residence or place of business of the parties
c. The place where the relationship is centered
3. Who has title? Turkish issued a decree that okayed title of
mosaic however U.S and everyone else does not recognize
Turkish rule. Intl law recognizes importance of relic being in
Cyprus. Peg did not buy in good faith
b. Conflicts of Intl law and National law – European Court of Human Rights of
the Council of Europe created by nations in Europe to interpret and apply the
fundamental European treaty governing intl human rights (U.S not a party)
i. Soering v. The United Kingdom – german intl killed gf’s parents in
Virginia. He then went to Europe. When there is a dispute btwn
someone in the charter and not they go before the European Court of
Human Rights (ECHR). U.S has extradition treaty with England. England
doesn’t want to send soering because it would be subjecting the person
to cruel and unusual punishment (U.S looking to execute). Not enough
to establish case against him in Germany.
1. Court has an inherent obligation not to extradite also
extends to cases in which the fugitive would be faced in
the receiving state by a real risk of exposure to inhuman
or degrading treatment
2. Determine based on nature and context of the treatment
or punishment, the manner and method of its execution,
its duration, it physical and mental effects, sex age, and
health of the victim
3. Violation of Art 3 despite not being a violation under U.S
const 8 amend
c. The influence of Transnational Law on National law
i. Roper v. Simmons – capital punishment of a juvenile under age of 18
(SCALIA – majority)
1. Intl law should be instructive but not binding
2. Art 37 (public intl law)- treaty among states on Rights of Children
3. Custom - Look at practices of other states – most do not allow
execution of children

if foreign sources coincide with our domestic sources then use it 5. Treaty gives it its power and existences and can exercise functions not expressly assigned to it under the treaty. (some intl org created by intl org) i. roads. developing countries and developed countries lending money to poor countries and trade. The Reparation Case – the UN is an intl organization developed to regulate the intl economy by stabilizing currency. (Sweden has not interest because he was not furthering their purpose). Source of legal personality is domestic law. Eligible for most favored nation status b. were not outside U.making sure not a puppet state – join U. social services d. Swedish natl works for UN as mediatory and hard while working in Israel. Secretary seeked compensation on behalf of the UN employees (nothing giving it that authority) 1. 3. Need defined territory b. Need a will separate from the states that created you. Eligible for recognition f. Public unions created by sates to address uniformity 4. 4. States can agree to compulsory jurisdiction. Respect for other sovereign states e. Need your own govt and it needs to be effective and functional – police. Must carry out soveriengty in good faith b. The State – make intl law through their domestic laws. sewage. Sovereignty obligations a. Intl organizations used to resolve issues. Must have capacity to enter into relations with other states.O’Connor never look to intl law. Transnational Legal Personalities – most important is states.national laws of a state. fire protection. border line 1. On the way is enough if they can reasonably do it 4. A permanent population – a stable population in the sense of being settled under its own govt c.N. water. through their practices. join treaties. attend intl conferences 3.S v. a. Intl Organizations – organization that is created by an intl agreement and has a membership consisting entirely or principally of states. Places can be considered a state with an intention of an effective functioning govt. Dissent. through the treaties they enter. The ICJ can give advice without a case in controversy. Intl org needs to be separate from states and have powers necessary to carry out the job of the UN (implied) . U. Ray – wanted to become sovereign nation.S. 2. Respect human rights d. Intl court of Justice (ICJ) has jurisdiction over states by treaty or the consent of states by a compromise document. Solve disputes peacefully (no war) c. and intl organizations they create i. To get sovereign immunity a. Foreign law instructive II. Territory goes out 12 miles past the land 2. non-state parties have varying degrees in being subjects of intl law in their own right a.

Belgium would take up claim against Spain. non-sanitary. Test – essential to UN for performance of their Intl duties c. Every corporation must be chartered or registered under the law of a particular nation . The owe legal duties to avoid negligent or tortuous conduct 1. prisoners of war. Natural Persons. a. civilians in war time. they need it for efficiency and make sure employees are protected and lets them know where to go with certainty b. 5. Mexican said that they were treating him like they treated their citizens. Some of the nature of the tasks could prevent home states from bringing action on behalf of person 6. Value of corporation depleted by Spain’s actions. diplomatic agents) 1. to willful neglect of duty. Barcelona Traction Case – 88% of shareholders from Belgium. Juridical Persons – various enterprises. straw roof. There is an Intl minimum standard of treatment for aliens (ordinary standards of civilizations) b. If UN does not have this power then no one will take job at UN. He had no intention of living there. States gave capacity to bring legal claims for the function of their business a. The Nottebohm Case – Lichtenstein v. He was held in poor conditions. Being a national is not enough for a state to take up a claim i. Need a genuine link to your country ii. have rights to property and free speech b. An outrage. Roberts v. Corporation chartered under Canadian law. Real and effective nationality iii. Guatemala – Guatemala seized his property and Lichenstein was going to represent him against Guatemala because he got citizenship from Lichenstein. Persons i. originally from Germany and place of business from Guatemala ii. Corporations are creatures of domestic laws and have a legal personality separate from shareholders. badfaith. 30-40 men in same room. including non-profit associations. which involved him denouncing is citizenship of Guatemala. Human beings were protectable and had certain limited rights (aliens. a.) a. (earthen floors.individuals can only seek the protection of intl law if their state sponsored their claim. United Mexican States – Mexicans held him in jail longer than they were suppose to by their own laws. and business organizations (corporations). religious organizations. or to an insufficiency of governmental action so far short intl standards that every reasonable and impartial man would readily recognize this insuffiency 2. Enjoy right to own property and make contracts.

Horizontal Separation a.S. The Supremacy Clause. It is fair because the shareholders are not held responsible for harm done by corporation ii.S. b. courts may take jurisdiction over any civil action by alien for a tort in violation of the law of nation or a treaty of the US. provision) 3. usually apply the common law of a particular state iii. Sources of Law in the U. criminal law b. laws of the United States. the constitution of any state. Senate ii. a.. Treaties – only the ones made by the President with two-thirds of the U. Common Law – became the law of the states and supplied the default rule for any particular legal question (not to conflict with const. Understanding Sources of National Law: Diversity of Legal Traditions 1. Statutes – federal legislation ii. Inc. property. – held corporation liable for an intentional tort because they are subject to international law.contracts. Administrative regulations – power given to administrative agencies to make rules governing a particular area of law that preempt inconsistent state law iv. It would be messy to have every state shareholders are a part of. Constitution – supreme law of the land b. Private law – that area of law in which the sole function of government is the recognition and enforcement of private rights. torts. Vertical Separation of Law.S const is held over state law/const. freedom from slavery.S.S.U. Constitution. laws of any state 2. Judicial Decisions – power to interpret statutes. asserting a claim 2. Cannot sue Sudan govt because they will claim sovereignty a. Talisman Energy.S 1. free from torture) III. Includes civil and commericial codes. . Talisman Energy promoting genocide in Sudan. Corporation held liable for substantive violation of intl law i. Only the state the corporation is chartered in can take up a claim on behalf of the corporation (not state of shareholders) i.Federal Law vs State law – U. and treaties made or which shall be made under the Authority of the US. Sources of National Law – law generated or recognized by a particular nation- state within their domestic legal system i. Obligated to respect basic human rights of individuals (right to life. Presbyterian Church of Sudan v. Law of the US i. U. U. Sources of Transnational Law a. c. State law.

If broad can be considered generally applicable/ can possibly crystallize custom . Treaty binds parties to the contract and binds non-parties if it correctly sets down customary intl law which is binding on all states c. Court Structure in civil law countries a. Judges chosen based on experience in the subject matter e. Protocol useful when states want to revisit a treaty subject matter without disturbing or opening up the prior agreement b. Hearsay admitted freely f. S. SCH – (civil law) P was struck and thrown onto highway by a truck which he remained lying there and then ran over by another automobile. i. A case falling within the jurisdiction of one court generally is immune from jurisdiction in all others b. admin. Treaties – most extensive sources of intl law. Sources of Public Intl law – a treaty may be a formal (the process in negotiating. P must separate the injuries. Looked at precedent ii. administrative law. Parties submit written argument over evidence before trial to judge. Article 38 Sources – no heiarchy 1. Adversarial system b. and criminal law) 3. Favor specialty courts to deal con. No cross examination counterpart in criminal proceedings g. Making analogies to other cases because not case is factually alike iii. Legislation follows views of legal scholars j. Law 4. Maddux v. who will then review and present it at the final hearing d. Case Studies – Diversity of legal Traditions a. Donaldson – (common law decision) car accident and then P hit again almost immediately. crim. 2. writing) or material source (specific subject matter legal obligations) i. Acts not in concert but independent and tortuous acts of 2 tortfeasors. Public law – focuses on the effectuation of the public interest by state action (constitutional law.E v. opposing counsel just there to make sure record is accurate c. most invoked and most relied upon a. Doctrine developed by legal scholars is highly valued i. Little mobility in the legal profession usually chosen before graduation k. comm. P entitled to money i. Applied code and does not rely on prior case – does not have to find cases b. Appeals on question of law only h. Judge asks the questions and generally no cross examination. Unfair for tortfeasor to escape liability because of the very complexity of the injury created by their wrong.

suing for it back. Constant state behavior b. General practice of states – i. Denmark claims customary.S. Intl Custom – most extensive sources of intl law. Carter – congress has the power to dispose of the canal. Practical approaches to the relationship btwn intl law and U. Peremptory Norms – norm of law which cannot be deviated from. Theories of Monism and Dualism i.S. Collateral estoppel – a party who argues in one forum cannot argue another forum that is parallel b. Uniformity of practice ii. use equidistant lines. Subsidiary b. If problem with treaty you would look at the Vienna Convention of treaties for answers 2. Denmark and the Netherlands claim as a matter of law because it was made by a treaty source of law through the convention. if in conflict intl law would not be cited in a U. thus law. acceptance of the general practice as law – opinio juris i. Siderman v. applicable to all states a. Cannot claim sovereign immunity with respect to violations against jus cogens (norm of intl law condemning official torture). Property clause is intended to permit Congress to accomplish through legislation what can be . Edwards v. no other law can legitimately contradict 1. Argentina tried to claim sovereign immunity. Self-executing – a monistic position meaning already the law of the land without the U. A state waives its right to sovereign immunity when it violates jus cogens IV. Interpret and apply the laws ii. Attorney-client privilege 4. d. Treaties 1. Dualism – intl law and municipal law are two entirely different systems of equal standing . requirement by law c. Argentina –argentine military officials tortured Siderman and took his property.S. most invoked and relied upon. court b. a. General principles of law recognized by civilized nations – common among all states a. law in U. courts i.S. Integrating International and National Law a. The North Sea Continental Shelf Case – deciding property line. Delimitation done in equity 3. having to do anything a. Validity of circumstantial evidence c. States took up equidistance principal but not out of obligation i. Judicial decisions – May include intl and relevant domestic judicial decisions and may include arbitral decisions a. Germany says they are not bound because they were not a party to the treaty. Monism – apply intl law in a conflict btwn intl law and municipal law ii.

i. i. She however was not and wives of soldiers were denied trial by jury which is a constitutional right. adoption or implementation a. the framers must have intended to prescribe a rule that standing alone would be enforceable in the courts ii. Covert – Covert killed her husband who was in the armed forces. There was a Russian revolution and soviets took the money and claims its everyones. Executive agreement trumps state law. Missouri v. Reid v. The ordinance would be discrimination. Executive agreement had been enforce that military would have exclusive jurisdiction over offenses committed in Great Britain by servicemen or their dependants . Example of self executing 2. non executing treaties do not invalidate domestic law iii. state law. accomplished by other means in the Const. State of California . Non-self executing treaty in article 55 and 56 “shall promote” rather than “shall enjoy” i.whether a Japanese person. to determine if self executing. Non self-executing but in full force by federal statute and constitutional 3. Executive agreement to quash all debt owed. Instead they were forced to trial before court martials. policy. US v. City of Seattle – seattle ordinance needed to be a US citizen to be a pawnbroker b/c he needed a license. Treaty btwn Japan and US said that the citizens of both would be treated the same as the citizens in the other country. Holland – Missouri trying to prevent a game warden of the US from attempting to enforce the Migratory Bird Treaty Act stating that States by the tenth amendment owned the birds. Self executing treaty would trump domestic law but not the const b. Non-self executing – need for some sort of incorporation. Panama canal non-self executing i. Executive agreements – not approved by Senate. However in this case the 14th amendment did b/c it was prejudicial/ racially discriminatory b. Asakura v. look to the intent of the signatory 1. Belmont – Russian company sent their money to NY for deposit with Belmont. We refused to recognize communist government as a valid govt. const become irrelevant b. Do not have to rely on states for a national issue and thus does not violate the 10th Amendment ii. Does the treaty and statute become void as an interference with rights reserved to the States. but entered into by the President by himself or approval of Congress a. Treaty deals with animals that migrate throughout the whole US i. not a US citizen can have a right to own land. Sei Fujii v.

political. Interpreted French treaty although not needed because there was an authentic one in English ii. Later in time rule a. Court looked to original/authentic French text from the Warsaw Convention ii. The US had the boat turn around before it reached US soil (federal executive order). Psychic injury not included. Treaty obligations should be carried out in good faith iii. Political refugee has right to asylum (to remain in country) i. etc. Alleged violation of Vienna Convention to be allowed to meet with consulate. citizen of Paraguay was charged with rape and capital murder. i. i. Procedural rules of forum state govern the implementation of the treaty in that state ii. Federal law trumps executive agreements 5. scheduled for execution. US should not have returned the refugees back to their country even if they have not made it to the U. Haitian Refugee Centers – determining the definition of return and deport. iii. Look at treaty text to look for ordinary meaning iv. and cases (all French) c. The one last in date will control the other when there are conflicting federal statutes. Sale v. Greene – Breard. Duty of state to determine who is a political refugee then determine whether assertion is true. Floyd. To confirm the meaning you can look to extraneous materials b. Failed to raise this issue in state court. No agreement can be made that would be free from the restraints of the Const. Court looked to outside material such as a dictionary. Vienna Convention of the law of Treaties i. Covert could not be constitutionally tried by military authorities ii.Needed to determine the meaning of “other bodily injury” where the airline took off there was a failing engine and the plane turned around and landed. Passengers claiming mental distress because of the “accident” (failing engine and preparation for ditching the plane). The death penalty act provides no evidentiary hearing will be given if he failed to develop the factual basis of the claim in state court proceedings. States how to interpret treaties when in different languages (authentic trumps) ii. There was a Refugee convention to not deport or return an alien to a country where that alien’s life or freedom is in jeopardy due to race religion. legislation.S. Treaty Interpretation a. Did not apply later in time rule iii. Breard v. absent the executive order . 4. Eastern Airlines v. i.

v. he can still be tried in federal court for violations of criminal law i.S. U. Court stated that the U.S. Despite this. Illinois c. courts this is not dealing with International Law. ii. 1. or c. Not enough to show a custom to right of life or health against pollution and could not prove the general practices accepted as law (opinio juris) 3. It was brought in Northern District of Texas (diversity). Following Ker v. In form of customary law b. Non self executing treaties do not show that the general practice is accepted as law d. do not need to invoke Jus Cogens. Peremptory Norms and Jus Cogens – non-derogatory norms that trump any inconsistent treaties or other international agreements i. The basis of their suit is Federal Law ATCA – Alien Tort Claims Act. citizen in U. protests criticizing other states for pollution 2.stun belt to shock inmate into submission. Comparet-Cassani . Southern Peru Copper Corporation . Hawkins v. Ct stated the inmate would be protected under other remedies therefore we do not have to recognize Jus Cogens. Intl law is one that has been accepted as such by the intl community of states a. 1. They sued in Southern District of New York. If other remedies available under US law. statements by the government officials. This is strictly intrastate pollution. The P is stating that it is in violation of tort law because they have the right to life and health. court decisions. Intl law not binding on the US in regards V. Buell v. Filed case saying that it violated Jus Cogens because it amounted to torture. Mexican Natl Railroad – US citizen went down to fix train and got run over on Mexican Natl RR. Received the death penalty. Mitchell – charged with kidnapped and murder. Treaty btwn US and Mexico said nothing about refraining from forcible abductions and no consequences for such actions iii. Look to treaties. Custom i. 1. Court need not inquire about how the respondent got before it ii.S. Which tort Law? Texas tort law because of the damages it would be a lump sum and Mexican law would have survivors .Copper industry in Peru polluting the airs of Peru. d. The traditional approach: :Lex Loci and Vested rights i. Have to prove that generally states recognize right to life and health. Machain – was a criminal defendant abducted from a nation that had an extradition treaty. Has death penalty reached jus cogens norm that would call for a reversal of the death sentence. By derivation from general principles common to the 2. Slater v. Flores v. By intl agreement. Strange because it was an Arizona corporation causing the pollution. never had case enacting jus cogens—since this is a U.S. Resolving Conflicts Between National Laws a.

The harm caused was really on the compound it did not enter and affect western ideals . Governmental Interests – an Introduction 1. They advised this case involved federal law of bribing public officials. Government interest test – used today. a. The court would determine what you need. Babcock v. bribe in swiss. functions best with comity 2. Foreign Corrupt Practices Act was being violated. Deciding which law Saudi or US to apply a.Employee discovers bribes being done in Switzerland. Government Interest and Conflicts of Public Policy 1. Three test for what law to apply a. It is so heavy policywise. D’Agostino v. 1. only gone for 2 days. Accident happened in Canada. If it was only about traffic laws then center of gravity would shift to Canada ii. Canadian law says that passengers cannot sue the drivers for accidents. Look at under lying policy to determine which law should apply (ins protection issue) b. The court held that the interests of New Jersey in preventing violation of governmental policies that could have an indirect effect on the domestic market for pharmaceutical products and the health and welfare of its citizens were greater than the interest of Switzerland in maintaining Swiss at-will employment relationships. they should have it now b. Johnson – NY citizens driving a NY car with NY ins. “Center of gravity” – place w/ most contacts c. Is there a strong governmental policy – have a direct effect on its citizens was greater than swiss interest in at-will employment 2. Johnson & Johnson . US law should apply b/c the compound was given certain privileges of not being subjected to Saudi law so if Saudi had tolerance there. Lex loci – law of the place – where rights vest c. The Modern Approach: Governmental Interests i. The quality of contacts is important b. Blows whistle and gets fired. K a swiss contract--. Arabian American Oil Co. largest operation in Saudi Arabia. The local law of the state which has the most significant relationship with the occurrence and with the parties determines their rights and liabilities in tort d. Which laws should be applied. Lex fori – law of the forum b. P should not be able to rely on foreign law for a cause of action and the D not be able to use the foreign law to limit liability b. Court determined NJ law applied despite everything swiss. McGhee v. McGhee rented video tapes on the compound which they were does not matter a number a contacts but the quality. – a Delware incorporation company in the middle east. a. Court determined Mexican law would apply – lex loci 3. get only periodic payments that was subject to condition in the future.

reduced sugar quota it would take from Cuba because it did not like communist govt. Determining Foreign Law-Rules 1. There is a case in controversy because Yahoo is under a ruling of French law. its our money you pay us. Witlock. Yahoo . Ruling will be as a matter of law . LICRA v. Case will be ripe with French try to enforce judgment 2. Proving Foreign Law i. Activity from yahoo most likely done from California. Filed suit in NY. Witlock made a deal with Banco Exterior. First Yahoo argued no jurisdictions. The sugar did not make it to Morrocco. Cuba Nationalized and made into Cuba state properties American companies which included CAV. Witlock says we will not pay Banco but indemnify us if we are sued. Yahoo then says they cannot control those who click on the link. the court reversed saying there would be personal jurisdiction but case is not ripe. Farr.S. U.S. US courts will not sit in judgment of foreign intl states of property taken that was within that foreign state in absence of a treaty or other agreement even if it is in violation of intl law 3. This was available to accessors from France. in California. The court in determining foreign law may consider any relevant material and source. written and reasonable 2. banks. New Challenges for Conflict of Laws i. Got sugar from CAV and U.The was a commodity broker. Sabbatino .if foreign law. So there must be a way to block French users. 1. On appeal. Under govt interest Cuban sugar. 1. CAV says do not do that. Farr. Dissent: by not acting we gave them our blessing (White) d. If you will use foreign law must give notice. you would create a restrictive domestic law. ii. Banco Nacional de Cuba v. Farr. decree. Must be prompt.S. Notice. notice must be given e. In the auction were Nazi memorialbilia. Sabbatino ends up with the money and Banco sues sabattino for the money.Yahoo was sued by two organizations of France. The shipment was suppose to be shipped to morocco. The taking must be for a public purpose and taking cannot be discriminatory. adequate and effective compensation and CAV got nothing. There was a way to prevent Italian users from seeing France ads. Yahoo Guilty. If it was under lex loci then we would look to the law of Cuba. Conflicts of Law and National Foreign Policy i. including testimony. interest in protecting their citizen and company dealings in a foreign country. Was it constitutional for foreign nations to regulate speech by U. Unconstitutional because it was speech taken place in the U. which was against the laws of France because of what happened during WWII. U. Banco signed a Bill of Lade.c. On two accounts of seizing CAV assests were in violation of intl law. Which France says the harm was in France. Yahoo had auctions online.S relied heavily on sugar from cuba. Not decided on conflict of laws analysis but on the Active State Doctrine 2. Yahoo want to declare what the law is.S citizens.S. If you wanted to comply with everyone and the U.

Case was sent back. Expert Witnesses a. Special Masters. Thought he might have had marijuana on board the plane. iii. Enforcement of Transnation Judgments i. There was a default judgment against D. ii. ii. i. or wealth we will recognize foreign nations different remedies. ii. morals. to seek enforcement of judgment in U. Any relevant material or source. Governmental interest test shows that mexico has the most interest. Curley v. Another nations decisions should be given full effect unless there is a special reason not to such as detrimental to the nation about to enforce it. iii.appointed to apply foreign law to the case before the court a. and Mexican laws. Foreign Judgments – private intl law 1. briefing. Looked at law review.K courts.P brought breach of K against D in U. treaties. (fraud. They looked at Mexican law and determined insufficient and no true conflict.that judges can gather themselves a. US v. Law of the flag applies to ships sailing on high seas until it docks 2.Demands of comity are not as clear in arbitration because it’s a private matter. f. Deemed irrelevant the default nature of the judgment as long as the party the judgment was against was given ample opportunity to contest such judgment.S. Default judgment is as conclusive a judgment as you can get. Determining Foreign Law – Illustrations – courts given broad discretion in their investigation of foreign laws 1. a. prejudice) ii. Should be enforced as long as it does not endangers public health. i. Two parties come together to get rid of a . Bahama Cruise Lines – Panama cruise ship registered in Panama.Conflict between U. Case was not defended by D. criminal code. On appeal it was reversed and should be determined under Mexican law. flying a Panamanian flag. affidavit of Mexican lawyer. with Mexican officials and citizens. Schultz – Egyptian artifacts stolen. Henry v. Philadelphia Chewing Gum Corp . Henry suing for wages. 3. Occurred in mexico. Comity – each court will give due regard for another countries judgment but not obligatory. Court applies NY law. courts. Somportex Limited v. AMR Corp . Panama labor law applied i. Mexican civil code. Court relied on prosecution’s witnesses even though the law professor was less bias. But they have to get judgment enforced thus go to U. Private Arbitration .S.S. but have to look at Egyptian law to know if they qualify as stolen.

All laws passed by congress are meant to apply within its territory. Need to place in whose laws are going to apply (substantive and procedural). Effects Doctrine of the Territorial principle – state may have a basis to claim jurisdiction over persons and events outside a state’s territory provided effects are felt inside a state’s territory. Secondary courts can only refuse to enforce if one party prevented from presenting a case. Art 36 is self-executing because it has “shall” – however it subcumbs to the procedural laws of the state therefore they waived their rights VI. What respect should be given to a sovereign state’s court and a private decision. b.S. Allocation of Transnational Jurisdiction a. Enforcing International Tribunal Judgments 1. dispute among themselves. These acts are illegal in the U. Legal Bases of National jurisdiction i. ii. Acts of a private party in a foreign government. Indonesia substantive law applied(because project took place in Indonesia) and Switzerland procedural law applied (site of the proceedings). Karaha Bodas Co. because it is stifling competition.Arbitration clause where each side picks one and those two arbitrators will pick a third. American Banana Co. 1. United States v. Procedures for arbitration. Sanchez Llamas v.The Alliance made swiss corporation that conspired to not compete .S. v.state may claim jurisdiction over person and events inside its territory. Court decided there was no jurisdiction because they decided that Congress did not intend for the laws to go outside its territory unless it says otherwise. one side incapacitated. Need a substantial effect or a deleterious effect 1. You must have extraordinary circumstances to not have enforcement iii. party seeking enforcement failed to meet burden of proof. will only get bananas from one person and that person would charge the highest price possible. Evidence standards. Oregon – ICJ held that US violated Article 36 by failing to name many Mexican’s their right to a consulate.the defendant took over the plantation of the company that was trying to compete with them. Where the arbitration would take place. and costs (or have escrow account).S. If you are a state with primary jurisdiction you have the power to enforce the arbitration as well as overturn it if you are a place where the deal took place c. Judgment sought in all places where there was assets from Pertamina b. United Fruit Co . Aluminum Company of America (Alcoa) . The U. United States a. time frames. a. There is a NY convention on arbitration awards. identify arbitrators a. v. i. Pertamina . The Territorial Principle . 1. should care because the U.

S. a.S. citizen goes to work for an American company in Saudi Arabia and he gets fired. Passive Personality principle . The court stated that he was still a U. If you have competing citizenships.S..S. He was born a U.S. Arabian American Oil Co. the citizen harmed was from the U. Nationality Principle .Consistent with protective principle because Yousef set off these bombs on American Airlines and it involved a government function. Protective principle – a state can assert jurisdiction over person and events outside a state’s territory where the security of the state is at stake or some essential govt function is involved 1.S. citizen at the time of the act? Yes he was. The blowing up of an Airline would cause a panic and purpose of Government is to promote peace. Yousef . The court determined that congress did not intend it to apply to outside the U. he said he had no loyalty to the U. claimed during the war it was impossible for him to come to the U. by their nature. a.S. Was he a U. can we use the protective principle that can be use to monitor drug cartel – no even though it takes a great deal of govt money to enforce. . citizen. would go up. Tomoya Kawakita v. although Celebration is a v. United States . United States v. He files a claim with the EEOC because he was fired on account of race religion. His parents were Japanese. among themselves.Was convicted of treason and the question was. iii..S. Such crimes are thought to threaten. vi. and not outside. . he was over there just for school. he used japenese passport when going to china.S. .S. he also felt he was under financial duress. U.a state may legitimately claim jurisdiction on the basis of the nationality principle where a person is a citizen of that state whether the person is in that state’s territory or abroad in another state’s territory.a state may assert jurisdiction over persons and events outside a state’s territory on the basis its citizen was harmed 1. In applying 9-11 – substantial effects in U. stated that this would violate the Sherman Act. citizen and had not yet lost it and no matter where u are or the other nationalities you hold you are still a U.S. What about the putting into American economy the intl drug trade. v. EEOC v. Alcoa was asked to join the alliance and the U.S. citizen and your allegiance is to the U.S.. 2.S.S. The prices in the U. which should apply? iv. set prices and set quotas on how many to produce a year. Universality principle – all states have jurisdiction over certain crimes wherever they occur that are especially heinous. citizen at that time.S. Roberts – sexual assault on Celebration. a. the good order of the intl community. The court presumed that when congress passes a law that its only meant to apply inside the U.A U. Does title VII apply to events outside the U. a. all took place outside the U.S.S. 1. and national origin. He used the effects doctrine to allow control over Alcoa. He claimed he was not a U.

Doctrine of sovereign equality – the one that most preserves sovereign equality 2. the assertion of jurisdiction would be reasonable after weighing the degree of conflict with foreign law or policy.Charged with hijacking a Jordanian plane in Lebanon. Each state is to determine if their claim is reasonable b. Principle of non intervention . Unreasonable to apply Sherman act under . and the locations or principal places of businesses or corp. the refusers were british. California . Principle of territorial integrity – refrain from the use of force against the territorial integrity or political independence of any state. Yunis .Insures insurance companies. the extent to which enforcement by either state can be expected to achieve compliance.Antitrust suit. the foreseeability of such effect. the extent to which there is which there is explicit purpose to harm or affect with those elsewhere. says not ok to refuse. and the relative importance to violations charged of conduct within the U. Hartford Fire Ins Co. Test of reasonableness. the insurers are in London. No true conflict because you can conform to both laws. 1. ii. long as claim to jurisdiction is reasonable then u can assert it.S. Bank of America . Timberlane Lumber v.The one that does not go to intervene into another state 3. UK does not forbid them from refusing but U. Which states ought to use their jurisdiction? b. Dissent – reasonableness shows that it would unreasonable to apply American law because the acts were in London. the relative significance of effects on the U. The Resolution of Competing Claims to Jurisdiction i. v.S.S. as compared with conduct abroad 1. the extent to which there is explicit purpose to har or affect American commerce. this is vital to british economy. as compared with those elsewhere. the nationality or allegiance of the parties. United States v. Two American citizen’s one board a.