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Chapter 7

International Law and Dispute Resolution

 

A. The United States and Foreign Affairs

1. The Commerce Clause

2. The Treaty Clause

B. Sources of International Law

1. Those things that international tribunals rely on in

deciding international disputes.

a. Treaties and Conventions

b. Custom

c. General Principles of Law

d. Judicial Decisions and Teachings

e. Principles of Comity

C. The United Nations

1. Created by a multilateral treaty signed October 24, 1945.

2. Governance of the United Nations

a. The Security Council. 15 members. Herein lies the responsibility to maintain world peace and the authority to use force

Permanent: United States

China

France

Russia

United Kingdom

Other ten: chosen by the permanent members

b. The General Assembly. All members.

This is the legislative body and adopts resolutions concerning human rights, trade, finance and economics and other matters with the scope of the United Nations Charter.

c. The Secretariat. Headed by the secretary-general and

d. Other autonomous agencies under the U.N.

UNESCO United Nations Educational, Scientific and

UNICEF United Nations International Children's

IMF International Monetary Fund

IFAD International Fund for Agricultural

D. International Regional Organizations

1. The European Community. Created in 1957 and also known as

the Common Market

a.

2. Latin, Central, and South America Economic Communities

a. Central American Common Market

b. the MERCOSUR Common Market

c. the Caribbean Community

d. the Andean Common Market (ANCOM)

 

3. African Economic Communities

a. Economic Community of West African States

b. the Economic Customs Union of Central Africa

c. the East African Community (EAC)

d. In 1991, the 51 countries of Organization of African

4. Middle Eastern Economic Communities

a. OPEC

b. The Gulf Cooperation Council

5. Asian Economic Communities

a. Association of South East Asian Nations (ASEAN)

6. North America

a. North American Free Trade Agreement

 

E. International Courts

1. International Court of Justice (The World Court)

a. The judicial branch of the United Nations located in the

b. limitations:

(1) nations must voluntarily agree to allow the court to

(2) nations are not bound by a decision rendered by the

2. The European Court of Justice. This is the court of the

F. Judicial Resolution of International Disputes