For Princeton Star -Class Participation Business Law
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wk_6_participation.docJudical Procedure in national Courts
posted by THOMAS FOWLER
Dec 07, 2013, 6:59 PM
The majority of cases involving international law disputes are heard by national courts of individual nations.
Many international contracts contain a choice of forum clause (or forumselection clause) that designates which nation's court has jurisdiction to hear a case arising out of a contract. In addition, many contracts also include a choice of law clause that designates which nation's laws will be applied in deciding such a case. Absent these two clauses, and without the parties agreeing to these matters, an international dispute may never be resolved (cheeseman 2013).
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International and World Trade Law
posted by LATASHA ASKEW
Dec 03, 2013, 6:45 PM
The US. Constitution divides the power to regulate the internal affairs of this country between the federal and state governments into two constitutional provisions: foreign commerce clause and treaty clause. Foreign commerce clause vests Congress with the power "to regulate commerce with foreign nations". The treaty clause states that the President "shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur". Only the federal government can enter into treaties with foreign nations. A treaty is an agreement or contract between two or more nations that is formally signed by an authorized representative and ratified by each nation. A bilateral treaty is a treaty between two nations and a multilateral treaty involves more than two nations. A convention is a treaty sponsored by an international organization.
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Re: International and World Trade Law
posted by JAMES CHARNELL
Dec 05, 2013, 8:32 AM
Hi Tasha and Class,
In applying the Commerce Clause of the Constitution, what if California passed a law restricting foreign vehicles from being imported into the state that meet the state's restrictive air pollution standards?
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Re: International and World Trade Law
posted by LATASHA ASKEW
Dec 05, 2013, 9:21 PM
They would have to ask Congress to pass the law because only the federal government can enter into treaties with foreign nations.
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Re: International and World Trade Law
posted by JAMES CHARNELL
Dec 07, 2013, 1:01 PM
You've got a winner Tasha. Good job Now, assuming California has more restrictive emissions laws then does the federal law, is that constitutional?.
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Re: International and World Trade Law
posted by MATTHEW DREWE
Dec 07, 2013, 8:09 PM
In Amendment XIV, the language defines the legality of a law as nonrestrictive to life, liberty, or property of the U.S. Citizen without due process. The argument for legality of strict emissions standards lies in that phrase, because the liberty or property is not restricted by the state. They are raising the standard for their state because that is what is necessary for them to function as a free society.
If they were being exclusionary to a group of people or classification, that could be discriminatory.
I think that the states can do whatever they see practical to be successful without federal intervention. If the state was encroaching on personal liberty, it would intervene. A great case would be the Civil Rights movement in Alabama, requiring Marshall Law.
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Re: International and World Trade Law
posted by SCOTT GALLES
Dec 06, 2013, 12:03 AM
Article VI under Articles of Confederation for any state to make a law needs the consent of the United States in Congress. According to Encyclopedia Britannica (2013), "Commerce clause, in the U.S. Constitution (Article I, section 8), the authorization of the Congress 'To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.' It is the legal foundation of much of the U.S. government's regulatory authority" (para. 1). If California passes a law restricting foreign vehicles from being imported into the state the state would be violating the U.S. Constitution.
Encyclopedia Britannica. (2013). Commerce clause. Retrieved from http://www.britannica.com/EBchecked/topic/127865/commerce-clause
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Re: International and World Trade Law
posted by MALA HARI
Dec 06, 2013, 6:57 PM
Scott, I agree with you on the aspect that the commerce clause is the power to congress to regulate commerce. But the states do have rights to regulate its own state's commerce as long as it does not interfere with the interstate or foreign commerce. Whether congress has exclusive right to regulate the commerce or not depends on its nature. It is the court that decides whether the subject of regulation is of national or state interest. I think in this case, restricting foreign vehicles from being imported into the state will interfere with the power of congress to regulate commerce with foreign nations and hence the state should not prohibit the entry of foreign vehicles especially when it is in compliance with the state's standards.
Reference
The Free Dictionary (2013). Commerce Clause. Retrieved from
http://legal-dictionary.thefreedictionary.com/Commerce+Clause
