So what are international courts and what are some of the \
primary ones and what are their functions?
Well, to start \ with, when you have nations interacting or
parties from \ different nations interacting in a business
or commercial \ context, you are going to have disputes arise
so the question \ comes, how do you resolve those disputes,
do you bring in \ action and one country or another so you know
this could \ lead to all sort of issues, the awareness
and application of \ law, the recognition of judgment in another
country, the \ ability of one party to actually use the other,
the legal system \ in another countries, always these issues
come up so these \ international organizations often times provides
judicial \ bodies or tribunal or panels or boards or
groups or some type \ of body to resolve this type of disputes and
generally in cases \ of threats to international peace or justice,
the parties \ voluntarily submit to this body to resolve
the dispute like I \ said with limitation for when other countries
uses body to \ resolve issues that concern international
peace and stability \ and of course they would enforce again on
a particular \ country or group.\
So to start with let's talk about UN and in the par video we \
introduced about the UN and what the security council \
within the UN is, well they are not a court per se they do \
undertake investigations and they do make \
recommendations to UN body at large so when it comes to \
dispute between countries again their investigation and their \
proposals to the UN for body in general for action is very \
similar to dispute resolution function that (inaudible \
00:01:59).
Also within the UN you have the international \
court of justice, now this body provides advance opinions \
similar to corporate council, to agencies of the UN and \
sometimes to the host member countries but it also provides \
dispute resolution if parties want to submit a dispute for \
resolution so the authority of this group can be very broad \
depending on what parties are willing to submit to it for \
resolution.
So that is UN international court of justice.\ Another would be the international criminal
court.
Now this \ is a multi lateral agreement among a number
of agency, \ number of government where they agree to submit
certain \ matters or have the option of submitting certain
matters to \ this international criminal court, the members
of which are \ selected from the member nations.
And what they do is they \ address criminal issues particularly those
like human \ trafficking, genocide, things like that when
it appears that \ the activity took place in international context
and its now \ certain that adjudicating the matter in any
one country \ would be fair particularly because it affected
multiple \ countries or the individual cannot be given
a fair trial within \ the country given the political situation
or the results from or \ the public opinion regarding the actions committed
by the \ individual or group.\
So in this way the international criminal court will adjudicate \
if they differ this matter, they will adjudicate the matter and \
will give their opinion on it so this court sits at the (inaudible \
00:03:55) and often times the war crimes that are \
detrimental to humanity or tried through this body.
Okay so \ it's really important one.\
World Trade Organization.
Now we have talked about its \ mission of promoting trade and we stated that
it also \ provides a adjudicative body for disputes
arising under its \ model provisions.
Well generally it's a panel or board within \
the WTO that addresses disputes and makes the \
determination but WTO also has a appellate body which is \
made up of elected or appointed judicial officials from \
member nations and they will review the board's decision \
with regard to a dispute, they can turn it, they can change it, \
they can modify it but its finality to the WTO's decision so \
again it has this process or review in place.
And then the \ international tribunals for the law (inaudible
00:05:04).
\ Now this is an incredibly important body in
the current \ framework given the role of fossil fuels throughout
the word \ and the need within developing nations much
of the drilling \ and activity that takes place on sea forbids
and some parts of \ the world.
Particularly right now there are disputes or \
information or as to who owns property in a specific area \
particularly when those alliances are growing or didn't exist \
before okay.
So this court will adjudicate these disputes and \
hand down the decisions to who has rights in a certain place \
to fossil fuels or to drill or who can claim ownership these \
seabed or alliance within a particular body that's disputed \
between nations.
So anyway these are just example, there are \
tons of judicial body or courts that are arranged directly \
between nations but these are some of the more well known \
that apply to signatories to these particular organizations or \
apply generally across the world to any number of nations. http://TheBusinessProfessor.com