FIU LAW Intro To Comp. Law | Lamorne Chang-Blissett | August 06, 2016

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FIU LAW Intro To Comp. Law

by Lamorne Chang-Blissett Show/Hide
  1. 1 Show/Hide More Class 1: Making Sense of International Law
    Original Creator: Manuel A. Gómez Current Version: Lamorne Chang-Blissett
    1. What is international law? – Communication mechanism created by countries where states are the main actors. 
    2. Why in international law important? – important because it is a mechanism which helps the world promote peace, it keeps states accountable to one another, and encourages interaction between countries. Due to the fact that the world has evolved IL is important in contributing to the overall evolution of the world. 
    3. How relevant (or not) is international law in each of the stories discussed in this chapter?
    4. What challenges or obstacles to international law can be found in each story?

     

    1. 1.1 Show/Hide More How can Canada protect Egyptian children from afar?
      the international protection of children
  2. 3 Show/Hide More Class 3: States as one of the pillars of international law
    Original Creator: Manuel A. Gómez Current Version: Lamorne Chang-Blissett

    States are one of the most important actors of international law. They create and codify international law via treaties and other agreements, are the main participants in international organizations, and also help enforce international law rules.  At the core of the states is the concept of sovereignty, which basically means “authority” or “control” to govern, and rule. 

    One important question is: how does sovereignty emerge? where does it come from? A related question is: how do states gain statehood? what are the requirements of being a state? and, who decides whether these requirements are met? In this unit, we will discuss these and other related issues. 

    1. 6.1 Show/Hide More Kiobel et al v. Royal Dutch Petroleum Co. et al 133 S.Ct. 1659 (2013)
      Original Creator: Manuel A. Gómez Current Version: Lamorne Chang-Blissett

      Nigerian nationals filed a putative class action in US courts against certain Dutch, British, and Nigerian corporations for aiding and abetting the Nigerian government in committing international law violations (beating, raping, killing, arresting individuals, and destroying and looting property). The basis for their claim is the Alien Tort Statute (28 U.S.C. Section 1350). The central questions posed to the Court were:

      1. Under the Alien Tort Statute, are corporations immune from tort liability for violations of the law of nations, such as torture, extrajudicial executions, or genocide?

      2. Upon reargument, does the Alien Tort Statute allow courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States?

       

    1. 8.1 Show/Hide More Treaties: Negotiation, and Conclusion
      Rome Statute – Creates the International Criminal Court
      US signed but did not ratify, US has made it clear it will not be legally bound but supports the treaty
    1. 14.1 Show/Hide More Discussion notes
      Original Creator: Lamorne Chang-Blissett

      Is there a difference between state-to-state arbitration and a preeceeding before the ICJ? What are the perceived advantages if any of state-to-state arbitration? What is the basis of jurisdiction in Philippines v. China case?  

      Arbitration v. Legal Process

      • A: judges are selected by the parties (consensual) 
      • A: no appeal – award is final
      • L: Parties do not select who the judges are 

      China Issue: Is this a maritime dispute? If it is China agreed only to be bound to resolve via negotiation. 

      Philippines Issue: They are infringing on our right to use that territory.