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CHAPTER 2
INTERNATIONAL LAW AND THE WORLD’S LEGAL SYSTEMS
CASES IN THIS CHAPTER
Ventress v. Japan Airlines
The Paquette Habana
Sosa v. Alvarez-Machain
United States v. Campbell
Liechtenstein v. Guatemala (Nottebohm Case)
Khaki v. Hashim
TEACHING SUMMARY
This chapter addresses the global context of cross-border interactions, be they business
oriented, political, or criminal in character. By citing the many international covenants, treaties,
and uniform rules, a strong case can be made that international law truly does exist, although it
differs from the American notions of law found in state and federal codes and cases. The corpus
of international law consists of treaties, conventions, customs, generally accepted principles
among nations, and learned expositions (such as international tribunals and respected
scholars). The increase in the number and influence of international institutions speaks to the
growing importance of understanding international law which in many ways reflects its European
roots. The chapter also explains the difference between private and public international law, the
former referring to rules regulating affairs of private firms, organizations and individuals and the
latter referring to regulation of conduct between and among states.
CASE QUESTIONS AND ANSWERS
Ventress v. Japan Airlines
1. What was the purpose of article VIII(1) of the FCN treaty? In what way would this give them
greater control of their U.S. operations?
2. What was the basis of the court’s ruling? Does the California whistle blower protection statute
“interfere with the employer’s ability to hire their fellow citizens”?
3. In citing MacNamara v. Korean Airlines, the court refers to the difference between
“citizenship” and “national origin.” What is the difference, and why was that important here?
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Chapter 2: International Law and the World’s Legal Systems
The Paquette Habana
1. Under what conditions is customary international law a part of U.S. domestic law?
2. Which international custom applies to this dispute?
Supplemental Exercise: Have students locate and read the dissent (either in the official reporter
or by using Westlaw):
a) Why would the dissenters have affirmed the seizure under the U.S. Law of Prize?
b) Why were they not persuaded by customary practices under international law?
c) Do you find their assertion regarding the power of the president persuasive?
Sosa v. Alvarez-Machain
1. What were the three specific offenses mentioned by Blackstone that were recognized as
violations of customary international law at the time the ATS was enacted?
2. Is the Court willing to expand the ATS beyond these original three offenses? According
to Justice souter, what types of torts would give rise to jurisdiction under the ATS?
3. Do you feel that this decision grants too much or too little power to the federal courts to
hear tort claims occurring outside the country?
4. What foreign policy implications are involved in a U.S. court hearing a case under the
ATS?
5. In what way did the Supreme Court’s subsequent decision in Kiobel further limit the
application of customary international law?
Answer: It said the first two of the three specific offenses, the safe conduct rules and
infringement of ambassadorial rights, mentioned by Blackstone could be a basis for
applying such law only if they occurred in U.S. territory. If such offenses occurred outside
the territory, the customary international law would not be used.
United States v Campbell
1 If Congress did not state in the statute that it applied outside the U.S., how did the court
arrive at that conclusion.
2. What is meant by the “Bowman Exception?”
Liechtenstein v. Guatemala (Nottebohm Case)
1. May individuals bring an action against a nation at the ICJ?
2. On what basis did Liechtenstein file this action [if only states are to be parties before the
I.C.J.]?
3. Although a nation can determine its own criteria for citizenship, must that be recognized by
other nations?
4. Do you feel that this judgment interfered with Liechtenstein’s sovereignty? Why or why
not?
5. Would this case be considered one of international public or private law?
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom
use.
Chapter 2: International Law and the World’s Legal Systems
Khaki v. Hashim
1. What is riba? Why is riba not permitted pursuant to the Shar’iah?
2. What would the effect be on Pakistan if the decision were implemented in Islamic
banks?
3. In what other ways have culture and religion influenced modern legal systems?
ANSWERS TO QUESTIONS AND CASE PROBLEMS
1. Answer : Customary international law does not hold a corporation liable for a violation of
2. Answer : The statute applies extraterritorially because the context of the wording shows that
Congress assumed much of the conduct regarding bringing illegal aliens into the U.S. would
3. Answer: Public international law is a body of rules binding nation states in their mutual
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom
use.
Chapter 2: International Law and the World’s Legal System
4.Answer: A wide variety of problems lend themselves to resolution through the
5. Answer: Typically, such individuals are speaking from a legal egocentric
decisions.
Nonetheless, there is, very clearly, international law. There exist a multitude of
6. Answer: International conventions tend to harmonize national laws by creates
uniform and widely accepted bodies of law. Harmonization benefits business by making
8. Answer: Compliance with corporate codes of codes may be promoted through
9.. Answer: Corporations are accountable to all of their stakeholders, including
10. Answer: Transnational business crimes are a major problems calling for global
11. Answer: Territoriality refers to jurisdiction over all persons, places and property
use.
Chapter 2: International Law and the World’s Legal Systems
Universal jurisdiction has been reserved for piracy, war crimes and crimes against
humanity. Terrorism has been omitted from this list due to difficulties in achieving a uniform
12. Answer: The International Court of Justice hears cases brought by nations against other
nations. Individuals and private corporations are not parties to cases before the court. The court
INTERNET EXERCISE
1. Using “constitution finder” or some other electronic resource, have students locate the
U.S. and U.K. constitutional provisions pertaining to free speech and press. Also ask students
to compare and contrast these provisions with the constitutional provisions (i.e., the First
Amendment counterparts) of other countries and to analyze the facts of the case under these
provisions. Some examples that demonstrate a variety of protections and models include the
constitutions of Germany (the German Basic Law), Romania, and Canada. Would the result be
different? Why?
MANAGERIAL IMPLICATIONS
1. Students may discuss numerous methods by which to demonstrate respect for a foreign
state’s culture, environment, natural resources and local laws. Some examples include affirmation
Chapter 2: International Law and the World’s Legal System
2. The United States may assert jurisdiction using the territoriality and passive personality
principles. South Korea may exercise jurisdiction utilizing the nationality principle. Canada may
3. Students should distinguish between legal and ethical ramifications, particularly in
ETHICAL CONSIDERATIONS
The first scenario primarily implicates the theories of moral relativism and utilitarianism. Moral
relativism is implicated to the extent that one may contend that the sale of lifesaving (but
expired) pharmaceuticals is acceptable given the time and place of the sales. Utilitarianism is
implicated to the extent that the sale of such pharmaceuticals adds to the overall utility of the
community. Ethical conduct is that which is likely to produce the greatest overall good not just
for the decider but for all persons who will be affected by the decision. In this case, the
alternative would be the destruction of the pharmaceuticals. Why not utilize the remaining life of
these products to save lives in the developing world?
The second scenario primarily implicates moral relativism and the related topic of cultural
relativism. The quotation attempts to justify bribery on the basis that it may be acceptable given
the time and place in question. Cultural relativism is defined as the belief that different practices
and accepted behaviors in different cultures should be respected rather than subject to
condemnation. Cultural relativism would serve as an additional ground supporting bribery in
certain circumstances if such practices were the cultural norm in business transactions.
.
TEACHING SUGGESTION / COOPERATIVE LEARNING ACTIVITY
In light of the U.S.’s belief that there should exist some international legal mechanism for
addressing international crimes (such as crimes against humanity) but its disagreement with the
present ICC draft, have students draft a new statute. This may be done through two
complimentary mechanisms. In one group, students will use the existing statute as a guide and
correct it, so to speak. In another group, students will work without the language of the statute,
drafting clauses to address jurisdiction, specific procedures, parties, checks and balances, and
appeal.
SUPPLEMENTAL ACTIVITY: CASE BRIEF ASSIGNMENT
Trans-Orient Marine Corp. v. Star Trading & Marine, Inc., 731 F.Supp. 619 (S.D.N.Y. 1990).
Have students find, read, and brief Trans-Orient. This case is in the context of a change of
Sudanese government via military coup.
Questions:
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom
use.
Chapter 2: International Law and the World’s Legal Systems
1. What was the critical international legal issue addressed by the court?
2. What is the difference between a “succession of state” and a “succession of
government”?
3. How does this effect contracts to which the state is a party?
Reid v. Covert, 354 U.S. 1 (1957).
To further investigate the hierarchy and connection between the U.S. Constitution and
international law, have students locate and read Reid v. Covert, 354 U.S. 1 (1957).
In Reid, two civilian wives were accused of killing their husbands, members of the U.S. army.
Defendant Covert killed her husband on a military base in the U.K. and defendant Smith killed
her husband on a base in Japan. Pursuant to Status of Forces (SOF) Agreements between the
U.S. and those countries, the wives were prosecuted by military tribunals. The defendants
claimed that they could not be tried by the military courts. The court agreed, noting that when
the U.S. acts against its citizens abroad, those citizens continue to be protected by the
Constitution and the Bill of Rights.
1. What was the SOF agreement and what was its import in the instant case?
2. What specific constitutional rights were the wives allegedly deprived of?
3. To which portion of the Constitution did the court point in laying out the hierarchy of the
SOF and the Fifth and Sixth Amendments?
