Chapter 7: International and Space Law

Question 1

International Laws

Answer 1

Laws (treaties, customs, organizations) that govern relations between nations.

Question 2

National Law

Answer 2

Law pertaining to particular nation.

Question 3

By definition, a ___________ is a _________ __________. Meaning there’s no higher ____________ than that of the ___________.

Answer 3

nation; sovereign entity; authority; nation

Question 4

Three forms of International Law

Answer 4

1) Treaties (& International agreements)
2) International Customs
3) International Organizations

Question 5

International Customs

Answer 5

“Evidence of general practice accepted as law.”

Question 6

Treaty

Answer 6

Agreement/Contract between 2 or more nations that must ratified by the supreme power of each nation.

Question 7

Article II, Section 2 (U.S. Const)

Answer 7

President has right to make treaties w/ 2/3 concurrence of Senate.

Question 8

Bilateral Agreement

Answer 8

Rules governing commercial exchanges between 2 nations.

Question 9

Mutlilateral Agreement

Answer 9

Rules governing commercial exchanges between multiple nations.

Question 10

International Organization

Answer 10

Organization of member nations (UN) and established by treaty.

Question 11

Comity

Answer 11

One nation will defer / give effect to the laws & decrees of another nation (that is consistent w/ their laws / public policy).

Question 12

Act of State Doctrine

Answer 12

The judicial branch of one nation will not examine public acts committed by a foreign government within it’s own territory.

Question 13

Expropriation

Answer 13

Govt seizes private owned business / goods for a proper public purpose, and awards compensation.

Question 14

Confiscation

Answer 14

Govt seizes private property for illegal purpose or w/o just compensation.

Question 15

Doctrine of Sovereign Immunity

(Foreign Sovereign Immunities Act of 1976)

Answer 15

Under certain conditions, exempts foreign nations from the jurisdiction of United State’s courts.

Question 16

4 Exceptions for Sovereign Immunity:
A foreign nation may NOT be exempt from jurisdiction by the United States if…

1) Foreign state __________ its __________ explicity or by implication.

2) Foreign state engages in _____________ outside of ____________ _____________ that has direct effect on ____________ _____________.

3) Foreign state commits ______________ in United States or ________________ international law.

4) Foreign state is designated as a “__________ ____________ of ______________” where they’re sued under the FSIA for personal injury, _____________, or ______________.

Answer 16

waives; immunity; activity; United States; United States; tort; violates; state sponsor of terrorism; torture; terrorism

Question 17

Export

Answer 17

Sale of goods/services from domestic firms to buyers in other countries.

Question 18

Two forms of Exporting

Answer 18

Direct Exporting
Indirect Exporting

Question 19

Direct Exporting is when the _____________ ___________ sets up a contract stipulating ______________ and _________ methods of goods with the ____________ - _____________.

Answer 19

domestic firm; shipment; payment; foreign buyer

Question 20

Indirect Exporting takes place when sufficient business (substantial market) develops in the _____________ country, and the U.S corporation sets up a specialized ______________ organization for the foregin market, appointing a foreign _______________ or ____________.

Answer 20

foreign; marketing; agent; distributor

Question 21

Distribution Agreement

Answer 21

Contract between seller and distributor outlining terms of distributorship.

Question 22

Liscencing Agreements take place when the U.S. corporation ___________ foreign manufacturing firms to use the ___________, ______________, or __________-________ intellectual property or trade secrets. Liscencing agreements oftentime entail a ___________ of some kind (i.e. some amount of _________ per _______ sold).

Answer 22

liscenses; patented; copyrighted; trade-marked; royalty; cents; unit

Question 23

Franchising is a form of liscensing where the _____________ –the __________ of a ___________, __________ __________, or _____________– liscences another (the franchise itself) to sell _____________ and ___________ under their name, under certain conditions.

Answer 23

franchisor; owner; trademark; trade name; copyright; goods; services

Question 24

Subsidaries are another way for corporations to _____________ operations to foreign territory. The ______________ company, which remains in the _____________ ____________, owns all facilities in ____________ territory under it’s name, and controls all _____________ of operation.

Answer 24

expand; paren’t United States; foreign; phases

Question 25

Joint Ventures are yet another way to expand operations to international market. Here, the U.S. corporation only has authority over __________ of the operation. The rest of the operation is owned by foreign ___________ owners and an entirely different ___________ entity. Joint ventures require each ___________ invovled to share ___________ and _____________.

Answer 25

part; local; foreign; party; profits; liabilities

Question 26

Article 1 Section 9 (U.S. Const)

Answer 26

Congress can’t impose export taxes.

Question 27

Trading with Enemy Act

Answer 27

United States may not recieve import of goods from nations designated as enemies of the United States.

Question 28

Quota

Answer 28

A limit on the amount of good that can be imported.

Question 29

Tariff

Answer 29

Tax on imported goods

Question 30

Dumping

Answer 30

Sale of goods at lower price in foriegn market, than in domestic market (U.S.)

“imports sold at less than a fair value.”

Underhanded way of undervaluing U.S market space so foreign market can obtain larger share of U.S. market.

Question 31

Trade Barriers

Answer 31

Place restrictions on imported goods

Question 32

Normal Trade Relations are required in the __________ __________ _____________ (WTO), requiring each nation to treat every other nation at least as ______ as the nation that recieves the most _____________ treatment with regard to ____________ and _____________.

Answer 32

World Trade Organization; well; favorable; imports; exports

Question 33

International Dispute Resolution

Answer 33

Nations settle legal disputes through arbitration (established as a part of their trade contracts).

Third party renders decision for two nations.

Question 34

Choice-of-Law Clause

Answer 34

Designates type of law used that will govern contract.

Question 35

Forum-Selection Clause

Answer 35

Designates court, jurisdiction, or tribunal that will hear legal disputes if any arise under the contract.

Question 36

Anti-trust laws prevent corporations within the same __________ from joining forces, and ______________ prices for economic gain. Anti-trust laws may be enforced when the there is a ______________ ___________ on _____ __________________. The Sherman Act, furthers anti-trust laws because it is_______________ in it’s application.

Answer 36

industry; fixing; substantial effect; U.S. Commerce; extraterritorial

Question 37

International tort liability has allowed plaintiffs from the United States to sue ___________ and _________ ____________ entities for breaches in international law that caused injury overseas, in a _________ lawsuit.

Answer 37

foreign; United States; civil

Question 38

Alien Tort Statute (ATS)

Answer 38

Enables plaintiffs from foreign countries to sue united states entity for breach in international law or U.S. treaty in civil lawsuit.

Question 39

Anti-discriminatory laws that ensure ______________ aren’t discriminated against based on __________, _____________, ____________ ______________, _____________ ____________, ____________, and _____________ are applied _________________ (so employees may reserve these rights abroad).

Answer 39

employees; race; gender; national origin; sexual orientation; age; disability; extraterritorially

Question 40

Space Law

Answer 40

Body of law consisting of international and national law governing exploration of outer space.

Question 41

Outer Space Treaty: Article I and Article II

Answer 41

1) Each nation has the right to explore space.
2) No nation may appropriate a celestial body.
3) Each nation shall use space for peaceful purposes.

Question 42

Outer Space Treaty: Article IV

Answer 42

No weapons of mass destruction in space.

Question 43

Outer Space Treaty: Article VI

Answer 43

Each nation is responsible for their activities in space.

Question 44

Outer Space Treaty: Article VII

Answer 44

Each nation is liable for damage to space objects

Question 45

Outer Space Treaty: Article VIII

Answer 45

Each nation retains jurisdiction over their space objects and the personnel on them.

Question 46

Outer Space Treaty: Article IX

Answer 46

Each nation must avoid “harmful contamination” in outer space.

Question 47

The Federal Aviation Administration Act (FAA) is responsible for regulating ___________________, and the __________ and _______ of private spacecrafts under the Commercial Space Launch Act.

Answer 47

spaceports; launch; re-entry

Question 48

All U.S. spacecrafts are classified as “_____________ _____________.”

Answer 48

“defense articles”

Question 49

The Outer Space Treaty bans all _____________ and claim to __________ rights over celestial bodies, however it does give a state the right over resources harvested from ________________.

Answer 49

appropriate; property; asteroids