Legal Business Final

Why International Law Gets Misunderstood

• People overestimate it because they imagine a powerful world court that can settle any dispute, but countries cannot be forced to participate, and there is no global police to enforce decisions 

• People underestimate it because it quietly resolves thousands of everyday disputes involving citizens, companies, shipping and trade. 

True Limits of International Law

• International courts exist but only work when countries voluntarily submit 

• They cannot compel major nations to comply, especially in disputes involving war or national survival 

Kellogg-Briand Pact

• Countries promised to make war "illegal", but the treaty had no enforcement mechanism 

• WWII followed shortly after, proving treaties alone cannot stop powerful nations 

Who Actually Applies International Law

• Some specialized international courts operate, but the majority of cross-border disputes are handled in domestic courts using international law principles 

• Domestic courts enforce many treaties, especially commercial ones 

Status of International Law in the US

• The Constitution outranks everything 

• Federal statutes and treaties are tied meaning a later one overrides an earlier one 

• A treaty can be implicitly abrogated if Congress passes a conflicting statute later 

Four Sources of International law

Treaties, Custom, Prior cases, General principles

Treaties

The clearest and most enforceable source

Custom

Long-established international practices accepted as rules

Prior cases

courts look at older decisions for guidance, though they are not binding

General principles

Basic fairness rules recognized worldwide

Sovereign Immunity

• Governments cannot be sued without their consent 

• Two exceptions internationally: 

  • When the government behaves like a business 

  • When the conduct involves atrocities, where immunity would be absurd 

Collecting judgements against foreign parties

• Easy if they have assets in the US 

• Otherwise, you must go to their home country's courts, and success depends entirely on treaties and foreign procedures  

• Without a treaty, collection becomes political and unreliable 

Original Acquisition

• Unowned property becomes owned by the first person to control it 

• This includes things like wild animals or natural resources not previous claimed 

• Rule of Capture also applies to underground resources that move beneath land 

Production

• If you create something using your own materials and labor, you own it 

• Exception: goods made for an employer belong to the employer because the labor was contracted 

Purchase and Title

• You cannot buy good title from someone who doesn't have it 

• Even innocent buyers of stolen items lose them if the true owner appears 

• Courts may protect buyers only when the original buyer was extremely careless 

Wills

• Must meet strict formalities (writing, correct witnesses) 

• Designed to prevent fraud and uncertainty 

• Forced-share rules ensure spouses and minor children cannot be completely cut out 

Inheritance Without a Will

• State law decides who inherits, usually starting with closest family members 

• If no family exists, property eventually goes to the state 

Gifts

• Requires intent and delivery - the giver must clearly intend to transfer ownership now, not later 

• Constructive delivery (keys, documents) is allowed when physical delivery isn't practical 

  • Most gifts become final once delivered 

Causa mortis

gifts are made when someone believes they are dying; they are revoked if the person survives 

Inter vivos

gifts are ordinary and cannot be undone 

Lost

Owner didn't intend to leave it; finder gets the best claim except against true owner

Mislaid

Owner intentionally placed it somewhere but forgot; business or property owner gets the right to hold it 

Abandoned

Owner intended to give it up; first person to take it becomes full owner 

Estray Statutes

Allow finders of mislaid property to eventually become full owners if they report it, advertise it, and wait the required time 

Accession

• When a person's labor greatly improves another's property unintentionally, they may gain ownership of the improved item 

• But they must pay the original owner for the value of the starting materials 

Three types of Bailments

Benefits of the Bailor, Benefit of the Bailee, Mutual Benefit

General concept

• Temporary transfer of possession without transfer of ownership 

• Requires intentional delivery and acceptance

• Examples:

• Handing your keys to a valet = bailment 

• Parking your own car in a self-park lot = not bailment 

Fee Simple Absolute

• Most complete form of ownership; lasts forever unless owner transfers it 

• Still subject to government restrictions like zoning 

Life Estate

• Ownership that lasts only for a lifetime 

• Life tenants can use property but cannot reduce its value (no waste) 

• If no remainder is named, property returns to original owner at death 

Conditional Estates (Defeasible Estates)

• Ownership that can end if a condition is broken 

• Law tries to limit these with the Rule Against Perpetuities so property isn't tied up forever 

• These usually create future interests such as contingent remainders 

Tenancy in Common

• Each owner can sell their share whenever they want 

• Shares don't have to be equal 

• Court can force the property to be sold if owners can't agree (partition) 

Joint Tenancy

• Must be explicitly stated 

• Has right of survivorship – surviving owners automatically receive decreased owner's share 

• Selling an interest destroys the joint tenancy for everyone 

Tenancy by Entirety

• Only for married couples; includes survivorship 

• Neither spouse can sell without the other's consent 

Profits

• Right to go onto someone else's land and remove resources 

• Stronger than an easement because it involves taking value

Easements

• Right to use another's land, usually for access 

• Can be created by deed or by necessity  

• Courts can grant right-of-way if fairness requires it 

Protecting Title (4 steps)

Title search, record your deed, get a warranty deed, buy title insurance.

Title search

to ensure seller actually owns what they claim 

Record your deed

So future buyers cannot claim ignorance

Get a warranty deed

for seller gurantees

Buy title insurance

for protection against hidden defects

Zoning

• Local governments control what types of buildings can be in each area 

• Variances allow exceptions when reasonable 

Private Restrictions

Established through deed terms; enforceable on future owners

Eminent Domain

Government can take private land only if: 

• It pays just compensation 

• The taking is for a public purpose (interpreted broadly) 

Lucas

Regulation destroying all value counts as taking 

Kelo

Economic development counted as "public purpose"