Deck 51: International Law

Question 1

Conventions are treaties on matters of common concern, usually negotiated on a regional or global basis, sponsored by an international organization, and open to adoption by many nations.

Answer 1

True

Question 2

In a contract, national or international, the parties may specify the court where any disputes between the parties will be settled. This specification is known as the _____.

A) runaway shop clause
B) forum-selection clause
C) abatement clause
D) hot cargo clause
E) ultra vires clause

Answer 2

B

Question 3

The Foreign Sovereign Immunities Act legislatively recognizes the "restrictive" version of the sovereign immunity principle.

Answer 3

True

Question 4

Disputes between corporations or between individuals that cross national boundaries must be resolved in the international civil court.

Question 5

An arbitral award is not a judgment but may sometimes be enforced globally.

Question 6

Treaties are agreements between two or more nations that are sponsored by an international institution.

Question 7

The act-of-state doctrine, enunciated by the Supreme Court, will usually govern claims to recover for acts of expropriation done by a foreign sovereign.

Question 8

What are the multilateral treaties sponsored by an international agency known as?

A) Concordances
B) Agreements
C) Accords
D) Abatements
E) Conventions

Question 9

The GATT agreement acts as an aid to the free flow of commerce from one nation-state to another.

Question 10

Treaties are only binding as long as each party continues to recognize their binding effect.

Question 11

In the context of the objective territorial jurisdiction principle, acts taking place within the borders of one nation can have a direct and foreseeable impact in another nation, and the other nation can have jurisdiction over those acts.

Question 12

In the Doha Round of WTO negotiations, the developed nations agreed to reducing their subsidies to make it easier for developing nations to export to the developed nations.

Question 13

The act-of-state doctrine applies only where a state is a named defendant in a civil action.

Question 14

When the President of the United States imposes sanctions on trade, the International Emergency Economic Powers Act (IEEPA) has sometimes been the legislative basis.

Question 15

The _____ doctrine comes into play when courts in two different nation states both have subject matter and personal jurisdiction over the matter.

A) res judicata
B) family purpose
C) forum non conveniens
D) stare decisis
E) droit de suite

Question 16

Stare decisis is a judicial doctrine that tries to determine the proper choice of forums when the courts of two different nation-states claim jurisdiction.

Question 17

Article 38(1) of the Statute of the International Court of Justice:

A) lists the general exceptions to the jurisdictional immunity of a foreign state.
B) contains a description of the NAFTA agreement.
C) contains a description of the GATT agreement.
D) lists four sources of international law: treaties and conventions, custom, general principles of law, and judicial decisions and teachings.
E) lists the different types of international jurisdictional principles: territorial, nationality jurisdiction, and objective territoriality.

Question 18

In the international arena, there is no sovereign lawgiver that can also enforce the law.

Question 19

Which of the following is true of international arbitration?

A) Parties can select an arbitrator either before or after the dispute arises.
B) An international arbitrator's decision is seldom a final decision.
C) It is generally slower and more expensive.
D) It is a public proceeding open to media scrutiny.
E) An arbitral award is a judgment.

Question 20

International tribunals are always bound by the doctrine of stare decisis.

Question 21

What is the significance of the GATT agreement?

A) The effort to implement the nationality jurisdiction principle began with this agreement.
B) The effort to implement abatement policies began with this agreement.
C) The effort to implement the territorial principle began with this agreement.
D) The effort to implement free trade began with this agreement.
E) The effort to implement hot cargo clauses began with this agreement.

Question 22

Otto Reutter, a German exchange student at Maryland University, was accused of hacking into the university's website. If Maryland University is to make a judicial claim against Otto, a German citizen, which of the following concepts will be most useful in establishing their right to proceed with a lawsuit that the U.S. government might prefer not to exist?

A) The nationality jurisdiction principle
B) The blue sky principle
C) The objective territoriality principle
D) The res judicata doctrine
E) The territorial principle

Question 23

The Restatement (Third) of Foreign Relations Law mentions three jurisdictional bases on which a nation-state makes laws. What are they?

Question 24

The Supreme Court has enunciated a doctrine governing claims to recover for acts of expropriation. The doctrine is known as the doctrine of _____.

A) forum non conveniens
B) objective territoriality
C) due process
D) act-of-state
E) sovereign immunity

Question 25

There are three limiting doctrines that business leaders should be aware of. List and explain each doctrine in brief.

Question 26

Thomas Sumner, a U.S. citizen from Minnesota, was accused of murder while he was in St. Petersburg, Russia. Sumner claimed that only the district court of Minnesota can try him for murder. Russia disagrees. The _____ invalidates Sumner's claim.

A) nationality jurisdiction principle
B) blue sky principle
C) territorial principle
D) stare decisis doctrine
E) res judicata doctrine

Question 27

The _____ is a tax imposed on goods when they enter a country.

A) income tax
B) escrow
C) escheat
D) tariff
E) socage

Question 28

When an illegal act taking place within the borders of one nation can have a direct and foreseeable impact on another nation, the principle of _____ comes into play.

A) res judicata
B) tipee doctrine
C) nationality jurisdiction
D) objective territoriality
E) delectus personae

Question 29

John and Peter--representatives of two negotiating parties from two different countries--bring in an outside (Paul), to broker a deal between the warring parties. If Peter's opinion is legally binding, the process is called _____.

A) arbitration
B) adjudication
C) mediation
D) fact finding
E) summary judgment

Question 30

Anyone who has an arbitral award subject to the _____ Convention can attach property of the loser located in any country that has signed the convention.

A) Bretton Woods
B) Vienna
C) Geneva
D) New York
E) Hague

Question 31

_____ is an organization formed by Brazil, Argentina, Uruguay, and Paraguay to improve trade and commerce among these South American nations.

A) Mercosur
B) NAFTA
C) Free Trade Area of the Americas
D) Transatlantic Free Trade Area
E) Central American Integration System