International Business Law
Introduced by : Walaa Fouad Marian Zakria Marwa Gorib Tamer Gouda

Case No. 5
5. State U had a long-standing relationship with N, the President of State P. President N had regularly provided information to State U’s national intelligence agency on activities of the political foes of State U both in State P and in the countries that neighbor State P. At the same time, State U had long ignored N’s activities in helping drug runners

transport illicit drugs into State U. Now, a change in the government in State U has caused
State U not only to disassociate itself from the intelligence activities of President N but also to condemn his drug-related dealings. In need of a boost in the political polls, the President of State U orders his military to invade State P and apprehend President N.This is done.

President N is then put on trial in a State U court for violation of State U’s antidrug statutes. (a) Assuming that the court can be impartial, does it have jurisdiction to try President N? (b) Is President N immune from prosecution? Explain.

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Parties
President N, State P
N had regularly provided information to State U’s national intelligence agency on activities of the political foes of State U both in State P and in the countries that neighbor State P

State U
State U had long ignored N’s activities in helping drug runners transport illicit drugs into State U

- a change in the government in State U has caused State U not only to disassociate itself from the intelligence activities of President N but also to condemn his drug-related dealings. In need of a boost in the political polls, - the President of State U orders his military to invade State P and apprehend President N. -President N is then put on trial in a State U court for violation of State U’s antidrug statutes.

2 – Legal Problem
Jurisdiction in Criminal Cases In order for a municipal court to adjudicate in a criminal proceeding, there must be some connection, or nexus, between the regulating nation (the forum) and the crime or criminal.

3-Applied Rules

Jurisdiction in criminal cases
Four nexuses have been invoked by courts to justify their exercise of jurisdiction.151 (1) The territoriality nexus holds that the place where an offense is committed— in whole or in part—determines jurisdiction. The nationality nexus looks to the nationality or national character of the person

committing the offense to establish jurisdiction.
The protective nexus provides for jurisdiction when a national or international interest of the forum is injured by the offender. The universality nexus holds that a court has jurisdiction over certain offenses that are recognized by the community of nations as being of universal concern, including piracy, the slave trade, attacks on or the hijacking of aircraft, genocide, war crimes, and crimes against humanity.It is not enough that these nexuses exist; the connection between the forum and the person or activity also must be “reasonable.”156 In determining reasonableness, courts consider one or more of the following factors, depending on the circumstances of the particular case:

4- Conclusion

The ability of a party to escape the jurisdiction of a court is known as immunity. Natural and juridical persons have few (if any) immunities from the powers of a municipal court. Foreign states traditionally have had complete immunity, but this has changed substantially in the last four decades. State agencies that carry out commercial activities (such as national airlines or national shipping lines) are now commonly treated as having no immunity So, president N will be subject to municipal courts of State U

Case No. 6
6. Eye Co., a shipping company headquartered and incorporated in State I, signed a contract with Kay Co., a company headquartered and incorporated in State K, to transport goods for Kay Co. from State K to State L. No provisions were made in the contract about where disputes would be settled or what law would be used to resolve them. As Eye Co.’s ship delivering the goods was entering the harbor of the capital city of State L, the ship blew up, destroying all of Kay Co.’s goods. Kay Co. brought suit in State L. Eye Co. now argues that the court does not have jurisdiction and that State L law should not be used to decide the dispute. (a) Does the court have jurisdiction? (b) What law should the court apply? Discuss.

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Parties
Kay Co.,
Kay Co., a company headquartered and incorporated in State K

Eye Co.,
Eye Co., a shipping company headquartered and incorporated in State I

State L
Eye Co.’s ship delivering the goods was entering the harbor of the capital city of State L

A signed contract , to transport goods for Kay Co. from State K to State L. No provisions were made in the contract about where disputes would be settled or what law would be used to resolve them. As Eye Co.’s ship delivering the goods was entering the harbor of the capital city of State L, the ship blew up, destroying all of Kay Co.’s goods. Kay Co. brought suit in State L. Eye Co. now argues that the court does not have jurisdiction and that State L law should not be used to decide the dispute.

2 – Legal Problem
Jurisdiction – Civil Cases
In civil cades, courts can extend their jurisdiction over disputes between parties who appear within the territory of the forum state.

Applied Rules
In personam jurisdiction ; the power of a court or tribunal in determine the rights of a party who appears before it
In rem jurisdiction : the power of a court to determine the ownership rights of persons as to property located within the forum state

Conclusion
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Court should be of State L as the property was destroyed on L harbor.