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建立人际资源圈International_Business_Law_and_Its_Enviornment!_Chapter_1_.2_Question
2013-11-13 来源: 类别: 更多范文
1. Public international law, which governs the relationship between states and international organizations. It includes the following specific legal field such as the treaty law, law of sea, international criminal law and the international humanitarian law. Private international law, which addresses the questions of in which legal jurisdiction may a case be heard and the law concerning which jurisdiction apply to the issues in the case. The international business law is a system of rules that check and supervision an international business.
6. I think the corporation accountable to their host country, consumers, and investors.
My ideas about set up an accountability system to ensure compliance with codes of conduct and other ethical and social responsibility standards for business are the system should be based on the existent international business law; According to practical situation such as the host country, government, and company itself condition; All in all, be able to establish the system in order to increase the profit of the company, and must be legal absolutely.
9. Five theories of international criminal jurisdiction: 1. Nationality is the
basis for jurisdiction where the forum state asserts the right to prescribe a law for an action based on the nationality of the actor. The terrorism is the world organization, according to different nationalities, so the nationality jurisdiction can control the terrorism spread to different nationalities. 2. Passive personality jurisdiction can give a country the right to hear cases stemming from crimes. This can make the terrorism committed against their own citizens by foreign citizens outside of their own territory. 3. Universal jurisdiction permits any country to prosecute perpetrators of the most heinous and universally condemned crimes regardless of where the crimes occurred or the nationality of the perpetrators or victims. This jurisdiction makes terrorism to form globalization more hardly. 4. Subjective territoriality is by far the most important of the six. If an activity takes place within the territory of the forum state, then the forum state has the jurisdiction to prescribe a rule for that activity. That control the terrorism by subjective. 5. Objective territoriality is invoked where the action takes place outside the territory of the forum state, but the primary effect of that activity is within the forum state. That makes the international terrorism applicable by objective.
Some universally condemned crimes are covered under the principle of universality. Such as terrorism, war crimes, genocide, and crimes against humanity.
Yes, I think the terrorism should be a universal crime.
I can justify that in historically, universal interest jurisdiction was the right of any sovereign to capture and punish pirates. This form of jurisdiction has been expanded during the past century and a half to slavery, genocide, and hijacking.
In the United Nations Convention on Torture, the universality applied countries to take jurisdictions if the victim was their citizen, if the act occurred in their territory, or found in their universality.
11. Yes, his employment “governmental”. Yes, he was a “civil service”. Yes, the “civil service” under U.A.E law matter. It does matter that he exercised the “powers that can also be exercised by private citizens”, as distinct from those powers peculiar to sovereigns. And the else I would like to know about his job functions are whether he can use his power to gain his personal profit, and he can communicate the different fiscal database between his working place and his own country.
In my opinion, the judgment was issued by E1-Hadad, because he was an employee of United Arab Emirates, although he was the citizen of Egypt, he must comply with the roles of U.A.E, and he also managed by U.A.E.
Chapter 3
Concepts of jurisdiction: Jurisdiction is the focus of initial
maneuvering by lawyers, and part of the overall legal strategy of any case. Concepts of minimum contacts: It has important implications as to when a company has had sufficient contacts that it can be brought before a particular court on a tort, contract, or statutory claim.
In an international dispute, both nations’ courts may assert jurisdiction over matter, and a person or a company must have had minimum contacts with the forum.
9. Yes, Mr. Wyser-Pratte may bring suit in New York, because after the investment, Mr. Lederer left to run HDW and Babcock became insolvent. $20 million is the investment of Mr. Wyser-Pratte. And Babcock sold its 50% stake in HDW rather than increasing it, Mr. Lederer left to run HDW and Babcock became insolvent. Like the textbook mentioned, some multinational business ventures, whether trade, licensing, or investment matters, will inevitably culminate in a dispute between the parties. Consequently, Mr. Wyser-Pratte may bring suit in New York.

