Module-1 2

Determining the
International Law and

the World’s Legal
System
Renzitelo Alf P. Carpio, MBA
Faculty, College of Business and Management
Learning Outcome:
O Determine the international law and the
world’s legal system.
Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Environment, Cengage Learniing, 9th edition
Topic Outline
1.0International Law Definition and Characteristics
1.2 International Business Law and Crimes
1.3 International Court of Justice
1.4 Ethics, Social Responsibility, and Codes of
Conduct
1.5 Comparative Law: Differences in National and
Legal Systems
Introduction
This topic examines the law of treaties, customary
international law, principles of international
jurisdiction, and the role of international
organizations in fostering international laws and
ideas.

International Law
O is the body of rules applicable to the conduct of
nations in their relationships with other nations,
and with individuals and other private parties, rules
for settling disputes between nations, as well as
rules for intergovernmental organizations.

International Law
O It can also include crimes and criminal procedures
applicable to genocide, war crimes, and offenses
against humanity committed by individuals in an
official capacity.

Characteristics of
International Law
O It is not dictated by a legislative body instead, it is
consists of rules that countries agree to follow.
O There is no global authority for enforcing
international law.

Broad Categories of
International Law
1. Public International Law
O Deals with those rules affecting the conduct of
nations in their relationships with each other and
with individuals as citizens or residents.

Broad Categories of
International Law
1. Public International Law
O Eg. rules for resolving territorial or boundary
disputes, for conducting diplomacy or war, for
determining nationality, and for how nations
treat foreign citizens.
O rules governing the status and operation of
intergovernmental organizations, such as the
United Nations (UN) or the International Court
of Justice
Broad Categories of
International Law
2. Private International Law
O Deals with the rights and responsibilities of
individuals, corporations, or other private parties in
their cross-border or international activities, as well
as procedural rules for how courts resolve private
international disputes.

Broad Categories of
International Law
2. Private International Law
O Eg. include family law and rules for
international adoptions, wills and decedents’
estates who own property in more than one
nation, and rules for international business
transactions, such as sales contracts,
international shipping, or the liability of
commercial airlines to injured passengers.
Sources of International
Law
O International Treaties and conventions
O International Custom as evidence of general
practice
O The general principles of law recognized by
civilized nations. (Article 38, Statute of the
International Court of Justice)

Law
O Treaty is a legally binding agreement between two
or more nations that is recognized and given effect
under international law.
O It includes Bilateral which is a treaty between two
countries and Multilateral which is a treaty
between three or more countries.

Law
O Convention a legally binding multilateral treaty
on matters of common concern, usually negotiated
on a regional or global basis and open to adoption
by many nations.

Treaty Terminologies
O Protocol an agreement that modifies or adds for a
treaty or convention, or that deals with matters less
significant than those dealt within treaties.
O Signatories nations that express their willingness
to join a treaty.
O Ratification the formal agreement of a signatory
nation to be bound by the treaty, usually by its own
legislative approval.
Treaty Terminologies
O Reservation an exception to a treaty set out by
signatory country at the time of ratification.
O Abrogation is an act of a legislature that renders a
treaty null and void.

Customary International
Law
O Is a body of commonly accepted rules of conduct,
or international norms, that have arisen out of
consistent and long-standing practice, and that
have nations have followed out of a sense of
binding obligation.

International Business
Law

International Business Law
O Is the body of Law and regulations, derived from
national and international sources, that governs
cross border business transactions, the activities of
those doing business in foreign countries or subject
to the jurisdiction of foreign courts , and the
resolution international business disputes.

Jurisdiction
O Is the power of a court to act, criminal jurisdiction
is the power of a court to hear a criminal case and
to act over a defendant.

Crimes Related to
O Transnational Organized Crime
O refers to those self-perpetuating associations of
individuals who operate transnationally for the purpose
of obtaining power, influence, monetary and/or
commercial gains, wholly or in part by illegal means,
while protecting their activities through a pattern of
corruption and/ or violence, or while protecting their
illegal activities through a transnational organizational
structure and the exploitation of transnational
commerce or communication mechanisms.
Crimes Related to
O Transnational Organized Crime
O eg(include the illegal drug and firearms trade,
smuggling, human trafficking, prostitution and sex
crimes, cybercrime, counterfeiting, ocean piracy,
money laundering, and similar crimes.)

Crimes Related to
O Transnational Business Crime
crimes that occur incident to or in the course of
legitimate business, and that either take place across
national borders or have an effect in more than one
country. Sometimes referred to as “white collar crime”
or “economic crime,” these include bribery and
corruption, tax evasion, customs fraud, criminal
violations of export control laws, business fraud,
financial crimes, criminal violations of environmental
laws, securities
Environment, laws,
Cengage Learniing, and antitrust laws.
9th edition
Crimes Related to
O UN Convention Against Corruption
It calls for nations to (1) criminalize the offering or giving of
a bribe or undue advantage to a public official, including a
foreign official, to influence his or her official acts or to
obtain business; (2) criminalize money laundering (passing
money through otherwise legitimate businesses or banks to
disguise its illicit origins); (3) improve enforcement by
changing national bank secrecy laws so that the illicit
proceeds of crimes can be tracked, identified, and seized;
and (4) establish corporate criminal liability for legal
entities. Some of these concepts are already a part of the
nationalCengage
Environment, laws Learniing,
of many countries
9th edition
General principles of
Jurisdiction
O Territoriality Jurisdiction
O Nationality Jurisdiction
O Protective Jurisdiction
O Passive Personality Jurisdiction
O Universal Jurisdiction

Jurisdiction
O Territoriality Jurisdiction
O Refers to a nation’s jurisdiction over all persons,
places and property within the territory,
airspace, or territorial waters of a country and to
crimes committed on vessels flying that nation’s
flag.

Jurisdiction
O Nationality Jurisdiction
O Individuals and corporate citizens owe duties to
comply with the laws of their countries of
nationality no matter where they are in the world.

Jurisdiction
O Protective Jurisdiction
O Allows jurisdiction over noncitizens for acts
committed abroad on the basis of a country’s need
to protect its national security, vital economic
interests, and governmental functions.

Jurisdiction
O Passive Personality Jurisdiction
O Gives a country the right to hear cases stemming
from crimes committed against their own citizens
by non-citizens outside of their own territories.
O Universal Jurisdiction
O It permits any country to prosecute perpetrators of
the heinous and universally condemned crimes
regardless of where the crime occurred or the
nationality
Schaffer, Agusti, Dhooge, of
2015the perpetrators
International orItsvictims .
Business Law and
Ethics, Social
Responsibility and Codes
of Conduct

International Business and
Human Rights
O Comply with all applicable laws and respect internationally
recognized human rights wherever they operate.
O Seek ways to honour the principles of internationally
recognized human rights when faced with conflicting
requirements.
O Treat the risk of causing or contributing to gross human
rights abuses as a legal compliance issue wherever they
operate.

International Labour
Organization
O Its main objective is to bring together government, industry
and labor groups, with a focus on developing countries to
help promote the rights of workers, create decent and
beneficial employment opportunities, eliminate child labor,
and help foster ideas and the means for the economic and
social protection of the poor, elderly, the unemployable,
women, and children.

Conclusion
O Although international law is rooted in the centuries of
customary law and treaties, it affects modern international
business everyday. It affects the movement of people,
goods, money across national borders.
O International Law offers solutions to some of human kinds
greatest challenges.

Reference:
O Schaffer, Agusti, Dhooge, 2015 International Business
Law and Its Environment, Cengage Learniing, 9th edition


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Determining the

International Law and

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

Schaffer, Agusti, Dhooge, 2015 International Business Law and Its

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