International Business Law: Cases Analysis

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Table of Contents

Dispute between Upper Miscellanea and Lower Miscellanea
State X vs. State Z
Works cited

Dispute between Upper Miscellanea and Lower Miscellanea

The case as to where both these sovereign countries are fighting for the Royal Artifacts of King George, the ruling would be in the favor of Upper Miscellanea ruled by King Pee Wee. This is because, Upper Miscellanea is ruled by King Pee Wee son of King George who was assassinated and overthrown by a military coup, which was then disrupted by a civil war among the people who wanted democracy, not a kingdom. The fact that Lower Miscellanea seceded from Upper Miscellanea to form a democracy, leaves Upper Miscellanea as a kingdom led by King George’s rightful heir. The royal accouterments should be given to Upper Miscellanea.

Citizens vs. the United States Government

According to Zinn and Perennial (1995), the United States government did perform a series of releasing harmful pathogens by air in the 1950s and 1960s. it was during these times that the government was experimenting on how the people would react to different pathogens released in the air over different parts of the country. What the government did not do was to inform the inhabitants of the areas under this research of the consequences of such experiments.

This is denying the citizens of the United States information which is crucial to their health. Such a case according to the United Nations Charter Article 33 (1) and (2) and chapter VII, should be handled by the International Court of Justice which is the principal judicial organ of the United Nations as one of the pillars of a state is to protect its citizens from anything that may harm them, whether physical, mentally, socially, or psychologically. These affected citizens could sue the United States Government for torture, denial of knowledge and conspiracy

State X vs. State Z

According to article 36 of the Vienna convention, if a state fails to appeal for its individual in a foreign country during a time of arrest and conviction, in the country of arrest, trial and imprisonment, then the offending state may raise an issue when it comes to the ICJ as the offending state had the knowledge of the person arrested. In this case, state X cannot allege that Ecks. Co was denied justice as the state did not appear in State’s Z to answer to the charges against them. State Z may then raise an objection to the ICJ because state X was not denied justice as it did not appear to defend its national in a court of law, yet it was informed of the court proceedings.

Ways of settling disputes

There are different ways of settling disputes, some may be easy and others may be hard. According to Arbetman and O’Brien, (chapter 4) there are three ways of settling disputes outside of court; negotiation, arbitration and mediation. Negotiation which is the most informal, involves both parties discussing a problem and coming up with a solution that is okay with both of them. Arbitration is a more formal process that involves a third party to help clear up the dispute. The arbitrator in this case acts like a judge and his decision is final. Mediation also involves a third party who sole purpose is to help the disputing parties to discuss their problem.

His decision is not imposed on the parties and taking part in mediation is voluntary. The other way of settling disputes is in court. If a decision is passed and one of the parties is not satisfied then they are allowed to appeal the case in court with higher jurisdiction. Of all these ways of settling disputes, negotiation is the best as here only they two parties are involved and they take their time discussing their issues and coming up with a solution that will be of benefit to both, furthermore they do not have to part with money to hire a third party or lawyers.

Eye Co. Vs. Kay Co.

In the case of Kay Co. suing Eye Co over the destruction of goods in its harbor, the Court according to the Encyclopedia Britannica has jurisdiction according to the law of the sea whereby goods being transported have to reach their destination safely, and in a condition where they can be used. The fact that the contract both companies signed did not have provisions when it came to the matter settling dispute, state L has been called upon as a third party to solve the dispute. The contract however involved the shipment of goods from state K to State I. State L should however use the Law of the Sea only in deciding this case and not its laws, or the laws of State, I or State K.

Structural organizations in multinational companies

According to Brews and Tucci (429-452) the following are the structural organizations in multinational companies: Classical view/ bureaucratic structure, made up of job specialization, a hierarchical reporting structure, and a tight chain of combined to result in organizations arranged by functional departments with order and discipline maintained by rules, regulations, and standard operating procedures.

Matrix organizational structures: whereby two or more organizational structures are combined for the benefit of the organization. Strategic Business Units: these are set up like different companies operating on their own, all reporting to the parent organization.

These structures can also be broken down to functional departmentalization where jobs that perform similar functions are placed together; geographic departmentalization, where departments in the same geographical area are grouped together; product departmentalization, where activities producing similar goods are grouped together and customer/market departmentalization, where customers are grouped according to their needs and according to how they are served.

Provisions in a trade agreement

According to the Asian regional workshop on bilateral free trade agreements (FTA), the legal advisor should include the following provisions in the investment agreement: a national development policy framework comprising an overall development strategy, with national plans and issue based plans. In addition a frame work that would asses the benefits and costs of the FTA in terms of various; components; proposals; provisions and the overall balance. The country should systematize its resources and institutional bases for evaluating if to enter into the negotiations for FTA or not.

Ms. Dee and Tall’s Stock

Ms. Dee is liable as she acted upon insider information having overhead a private conversation between two people. She makes money at the cost of other people who did not know that she could overhear their conversation and this is wrong. In reference to Martha Stewart’s Case concerning Imclone stocks in December 2001 which she served a prison term for. Heminway (383-386), Ms. Dee is liable and has to pay for acting on information she received and acted upon wrongly. Stewart was charged with securities fraud and making false statements to federal officials (Healy, 2004).

Court Subpoena

In reference to Koehler vs. Bank of Bermuda, the court ruled that a court sitting in New York has power to request a foreign Bank to give the records of a customer suspected of crime. In this case then the court should issue the subpoena so as to get the information it needs to rule if Mr. Z has been indeed depositing stolen money. If the court does not do this then the Manager of the Boston branch may claim that the prosecutor is outside his jurisdiction and not give the information needed in Mr. Z’s case.

Works cited

Arbetman, Lee & O’Brien L. Edward. Street law: A course in Practical Law 6^th Ed. New York: McGraw-Hill, 1999. Print.

Brews, Peter J. and Christopher L.Tucci. ”Exploring the Structural Effects of Internetworking.” Strategic Management Journal 25, no.5 2004 Butterworth:Heinmann.

Carriage of goods (2010) In Encyclopedia Britannica. Web.

Healy, Gene. Individual Liberty, Free Markets and Peace. Lessons of Martha Stewarts Case. 2004. Web.

Heminway Joan Mcleod (ed) Martha Stewart’s legal Troubles, 2007 vol 17 no. 5 383-386 Durham, North Carolina: Carolina Academic Press.

Proskauer’s securities Litigation and the Enforcement Practice Group.2010 Koehler v. Bank of Bermuda, 12 N.Y. 3d 533, 833 N.Y.S.2d 763 (2009). Web.

The Asian Regional Workshop on Bilateral FTAs held in Kuala Lumpur, 2005. organized by the Third World Network. Web.

The Vienna Convention on Diplomatic Relations. Web.

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