国际商法雷奥古斯特CHAPTER 1概要1.pptVIP

Chapter 1 INTRODUCTION TO INTERNATIONAL AND COMPARATIVE LAW CHAPTER 1INTRODUCTION TO INTERNATIONAL AND COMPARATIVE LAW Topics for this chapter: Defining International Law Making International Law Sources of International law Scope of International Law in Practice International Persons Individual Rights Under International Law Comparison of Municipal Legal Systems What is International Law? Historically, dealt with the rules and norms regulating the relationships between states (countries) This law between nations is called public international law With growth of relationships between persons and corporations in different states, private international law developed to govern their conduct Schools of Thought Defining The Basis of International Law (IL) Cosmopolitans argue that IL is based upon universal human rights. Positivists say that IL is based on the sovereign equality of all states and state consent to IL through treaties or custom. Hobbesians claim that states will make agreements and abide by IL only when it suits their self-interests. Examples of Public andPrivate International Law Goodwill and Civility Between States: Comity Republic of the Philippines v. Westinghouse Elec. Corp. 43 F3d 65 (3rd Cir, 1994) U.S. trial court ordered the Philippine government to not harass witnesses involved in the case. Court of Appeals overturned the order. Held that a court could request compliance by a foreign sovereign as a matter of comity, but could not order compliance. Comity requires that we respect other countries’ sovereignty and law so that they will respect ours. Case 1-1Ignacio Sequihua v. Texaco Inc. Comity applied to private dispute. Court in Texas declined to exercise jurisdiction over activity and harm that occurred in Ecuador. Taking jurisdiction in U.S. would have interfered with Ecuador’s sovereign right to control its own environment. Case dismissed under the doctrine of comity of nations. U.S. Courts Apply Comity and Refuse to Take Juris