“International Law consists of the rules and principles of general application dealing with the conduct of States and international organizations in their international relations with one another and with private individuals, minority groups and transnational companies” (Beckman & Butte, 2013). It is therefore important that states are able to uphold these laws to ensure that they avoid conflicts with companies from other countries as well. Where necessary countries should apply the laws without any fear or favor of the companies or individual involved regardless of whether the company that has broken the law is in the same country that is executing the law.
Laws that Govern Arbitration in the United States
In the United States, the laws responsible for governing arbitration are contained in the Federal Arbitration Act. It mainly subjects most arbitration to the judicial review of single standards regardless of whether the dispute has been categorized as either international or domestic. The first chapter contains the very basic of the provisions of the act with regards to making of the arbitration agreements and the enforcing of awards. The second chapter of the federal arbitration act is for implementing the New York convention while the third chapter holds the Panama Convention. Both the second and the third chapters are described as the International Federal Arbitration Acts. The international arbitration agreement is however subjected to the United States ‘domestic
Extradition is the transfer of an accused from one state or country to another state or country that seeks to place the accused on trial. In legal term extradition can be defined as the legal surrender of a fugitive to the jurisdiction of another state, country, or government for trial. Extradition between nations is regulated by extradition laws or diplomatic treaties between the country where the accused is present. Not all the countries have extradition treaties. The united states have entered into extradition treaties with many countries in Europe and Latin America and few countries in Asia and Africa. Extradition treaty is necessary because once a person leaves the border of a country the laws of that country cease to apply to them and
The justice system is just but the procedures within are somewhat flawed. Human nature is to have greed and power, that's what crumbles the system. People use the system for what it isn't intended for and get away with it whether it's good or bad. Such as the Tarina Garnet case. Trina Garnett, was a mentally disabled teenage girl who was charged with murder, after setting a fire that killed two people and was sentenced to life in prison.
When U.S business are thinking about going abroad, they need to be aware of the other country’s laws and regulations. “All businesses must, of course, follow the laws of the countries in which they are physically present and operating. Businesses may also be required, even in their foreign operations, to continue to follow certain laws of their home country. Also, businesses operating across national borders will also be subject to international law (Tony McAdams, 2014)”.
For this paper I decided to do it on www.law.cornell.edu/constitution/constitution.overview.html. I chose this one because I wanted to learn more about the constitution. I chose this website over the other ones because this one seemed the most reliable. They are a legal information institute and had access to the law since 1992. The other websites didn’t say how long they have had access t law. On this website it talks about the amendments, Articles, Preamble, Bill of Rights, the Constitution, Supreme Court, Federal Rules, etc…..
As society changes, our legal system evolves with it. Prior to the Criminal Justice Act 2003, the principle of double jeopardy meant that a person couldn’t be tried a second time. This act amended this principle, allowing serious crimes, such as murders, to be re tried if some new evidence became available.We will be asking ourselves if these amendments has greatly improved our system of justice, by focusing on why these amendments were made and whether the advantages of such a reform prevail on the disadvantages.
Finally, based on common law, the principle of comity and equity may oblige the courts to recognize foreign arbitral award, regardless where the arbitration was seated. The US Courts
Governments might change or new political parties might be elected, but the concern of the multinational corporation is the continuity of the set of rules or codes of behavior and the continuation of the rule of law—regardless of which government is in power.
In both developed and underdeveloped economies, there is a need to put regulations which ensure that profits are not abnormally earned at the expense of the innocent clients. It is therefore the mandate of the territorial authorities to put in place measures that introduce checks and balances in all trades. The respective companies or business must also follow the same suit lest they find themselves in the crossroads of law. However,
There is a close relationship between human rights and criminal law. The scope of my paper will surround human rights and the International Criminal Court (ICC) in addition to human rights and international crimes. International criminal justice in this context speaks to those interested in prosecuting against the background of international human rights and humanitarian norms. The use of criminal law has many positive effects and pursues many goals that are worth considering. For example, deterrence, accountability and punishment are important principles that will be discussed in the context of human rights. Is the International Criminal Court an effective method to promote and protect human rights internationally? If so, why and how?
One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provide the restrictive grounds for such relief.
In 1998, the International Criminal Court was created through the Rome Statute. The court was made with the intention of being a justice system that had jurisdiction over international crimes such as war crimes and genocide. Originally, there were 124 states that ratified the International Criminal Court and there were 31 states that signed. Recently, states have decided to leave the International Criminal Court or retract their signatures. There are many arguments as to why these states are choosing to leave, but, specifically for African states like South Africa, people argue that the International Criminal Court is mainly prosecuting crimes committed in Africa; they believe they are spending an unfair amount of time on the crimes in
International business ethics challenges the corporate world to deal with questions of what to do in situations where ethical standards come into conflict as a result of the different cultural practices in the nation. Since, there is this dilemma that has progressively troubled the large multinational corporations, international business ethics has arisen to help address these adhesive subject matters. There are several international business ethics discussions on the question of how to act in the home country as opposed to the host country is at the central point of most international corporations. The argument in question is how companies should practice their business according
The first Uniform Arbitration Act was adopted in 1925, which provided only for the irrevocability of agreements to arbitrate existing disputes. The Federal Arbitration Act was enacted by Congress in 1925 changing the common law. The Act stated that written agreements to arbitrate existing or future disputes were valid, irrevocable, and enforceable. As arbitration became more widely accepted, statutes and acts were continuously passed enforcing agreements to arbitrate. In 1955, the second Uniform Arbitration Act was passed. In addition to enforcing existing agreements to arbitrate, this Act made agreements to arbitrate future disputes irrevocable.
Treaties from congressional, executive agreements, and sole executive agreements. These three classes are considered to be treaties under the international laws. Distinctions between the three are their method of ratification. by two-thirds of
This essay’s thesis is that there is currently a lack legal apparatuses that can be used to hold transnational corporations liable for human rights violations; specifically violation of labour rights. This paper seeks to discuss various legal instruments that are applicable to transnational corporations and human rights violations. It will also provide theoretical framework for understanding the nature of human rights and legal framework of labour laws. This essay will address the following questions: What is the legal status of transnational corporations? How can current legal apparatuses be used to hold transnational corporations accountable for human rights violations? This essay will also consider the case of human right violations by Nike Corporation in order to show that external pressures can produce development and accountability.