Because the law of the foreign country is the only law that can be enforceable contracts are only as good as the backing of the country's backing and are only binding in that instance. A country can stop all transactions from that business if they file lawsuit on that country (Melvin, 2011). What factors could work against CadMex's decision to grant sublicensing agreements? An organization that has too many sublicensing agreements and does not have sufficient sub paragraphs could find difficulties enforcing the sublicensing agreement. The organization could experience lawsuits if any of the contracted workers have any problems and could leave the organization liable for damages When the local customs and laws conflict with the customs and laws of an organization operating abroad which should prevail?
IMMIGRATION OUTLINE INA codified in Title 8 of the US Code, enforced by INS AUTHORITY TO REGULATE IMMIGRATION CONSTITUTION Govn’t of enumerated powers… can only do what is necessary and proper • Commerce Art I§8cl.3 – no state power to interfere o Migration is commerce, state statute making it a crime to bring indigent person into state is unconstitutional. • Naturalization – Art I§8cl.4 constitution grants power for uniform rule implies regulation? o Prevents confusion of separate state laws • War power – Art.I§8cl.11 authority to stop entry and expel enemy aliens • Migration and Importation Art I §9 cl.1– was really attempt to protect slave trade • Foreign Affairs Power – associate
Obscene, in this sense, pertains only to the legal definition of obscenity, not what any particular person or moral code may deem obscene. Luke Records, Inc. was a Florida Corporation and Nick Navarro was the sheriff of Broward County at the time. The sheriff obtained an ex-parte injunction (this means an injunction without both parties being present at the initial hearing) granting the sheriff an injunction (a court order to "stop" doing a particular act). This injunction was served on local record stores in an effort to have the music removed from Florida retail sale. After the local Florida Circuit Court in Broward County issued the injunction, the decision was appealed to the United States District Court for Southern Florida where the Court ordered the sheriff to stop enforcing the injunction, but did, in fact, rule that the music was obscene, especially the song "As Nasty As They Wanna Be."
Braswell v. United States In the case of Braswell v. United States 1988; Braswell was the sole shareholder and officer of two companies which specialized in the buying and selling of timber, oil interests, land, and machinery. (Melvin, 2011, p.569) Braswell was being investigated by federal authorities thus they subpoenaed him for his business records. Braswell refused and pleaded to use his right of the Fifth Amendment claiming that it protects business owners against self-incrimination. This paper will discuss the following: If a corporation has been recognized as a legal “person” for First Amendment purposes, shouldn’t the Fifth Amendment protect it too, What if Braswell’s company was a sole proprietorship rather than a corporation, What
Addressing International Legal and Ethical Issues Simulation Summary What are the issues………..international When a U.S. company has decided to enter into business with a foreign company the same binding bases of business is applied. The base of business is the same contract that would bind companies to agreements in the U.S. Possible disagreements and disputes are expected in the international trade sector. The reality is that the contract that binds the companies to the original agreement, is used to settle these disputes without further legal action. The U.S. company wants to protect its interests by making sure that the contracts are enforceable in the foreign country. Considering the foreign companies culture and ethics in business transactions
Charles Bietz challenged this belief in his work”Political Theory and International Relations” by arguing that there exists an international society even in the absence of a comprehensive political constitution to regulate it (Young 162). Bietz goes on to argue that ongoing economic processes, investment and trade connect people in all regions of the world and these relationships are often unequal in power and resources. Onora O’Neill argues differently but to a similar conclusion that the scope of an agent’s moral obligation extends to all those whom the agent assumes in conducting their activity. We have made practical moral commitments to them by virtue of our actions (Young 163). Iris Young’s essay on Global Justice she interprets both Bietz and O’Neill and expands on their views.
Business Regulation The United States Constitution and the United States legal system do play a role in regulating business in this country. The commerce clause and the equal protection clause from the Constitution both play a role in the regulation of business. Although businesses may have their own codes of conduct, the United States legal system and the Constitution regulate the way they do business. This process is done in several ways, one being how the Constitution does not allow monopolies, the other being how racial, sexual, and other areas of misconduct are kept out of the workplace thanks to how the U.S. legal system works. Within the way the United States runs all forms of commerce, the Constitution and the legal systems both regulate this process.
Assignment 2 legal and humanitarian rights Legal rights- legal rights are the rights that each person has depending on which society they live in. In spite of the fact that the Universal Decoration of Human Rights (UDHR) supplies an as perfect list of rights, it’s not the law and many of the nations do not follow it. Here is a recent immigration act in the BBC News. The government has published its Immigration Bill, which will change the rules on access to the NHS and impose tougher penalties for illegal working. But what legislation has been passed over the last century or so?
“Political lies are just corporate decisions” (Testament, Souls of Black). Both politics and business are closely related in the Latin American context, just as it was described by the American metal band Testament. However, we should stop for a second and ask ourselves, do politicians own the country’s business or do businessmen own the country’s politics? If neither is correct, what is going on with Latin America’s business and politics? Politicians in Latin America are not politicians anymore, as explained by Lawrence E. Harrison “(Politicians) to be elected have to demonstrate that they are not politicians at all but something quite different: military officers, beauty queens, technocrats-anything at all except politicians” (Harrison) We have seen Fidel Castro wearing military uniforms so we can agree that Harrison is not wrong.
This was further elaborated by Maoz and Russett (1993) that political disputes among democratic countries are settled through compromises instead of the destruction of the opposite side. Proponents of liberalism do agree that clashes in interests among liberal democracies are common but their solutions taken will not far off from the set of boundaries that are set by each country in dealing with foreign matters. Dixon (1994) termed such behavior as “bounded competition” in which countries vowed to regulate rivalry in clashes of interest in a peaceful and nonviolent step. It is worth noticing that there are non-liberal countries like Saudi Arabia may share a diplomatic relationship with liberal democracies like America.