| What is International law? | | | | members of the international community, Russia |
| The question "What is International Law?" may | | | | withdrew its forces. Russia's intent was much like |
| foster a varied array of interpreted suggestion for | | | | that of the Germans in World War II, to displace the |
| those not familiar with the concept. August (2004), | | | | Georgian population within the region and annex the |
| defines International Law as the body of law that | | | | land. Article 5 of the convention allowed the return of |
| includes rules, regulations, accepted practices, and | | | | displaced persons to return home safely. Also the |
| norms regulating the rights and duties of states, | | | | refugees were allowed to reclaim their property after |
| international organizations, and individuals beyond their | | | | the crisis and be compensated for damages and |
| legal boundaries. This means that International Law | | | | losses according to Article 2 paragraph (c) of the |
| covers many aspects of a nation's daily practices | | | | (CERD) agreement. |
| such as the law of the seas, environment, human | | | | Other abuses of international law have occurred as in |
| rights, labor rights, border disputes, and a host of | | | | the case of the Columbian government's use of the |
| other rules and regulations regarding the national | | | | International Red Cross (ICRC) emblem during armed |
| interest among nations. There has been some gross | | | | conflict. The commercial use of the emblem in many |
| misinformation about the organization such as the | | | | nations may jeopardize the primary purpose to |
| United Nations (UN) that is the hub of most of the | | | | protect non-combatants and wounded in battle. The |
| other non-government-organizations (NGO). The UN is | | | | misuse of it on aircraft and personnel for military |
| not an entity that has an armed military force to | | | | purposes are prohibited under international law. The |
| defend countries or invade them. The purpose of the | | | | ICRC finds it a challenge to monitor and enforce the |
| organization as a whole is to structure the united | | | | treaty that upholds this agreement without exposing |
| effort of many nations to resolve conflict (not in the | | | | the organization, doctors and nurses as unknowing |
| military sense), assist humanity, and keep the peace | | | | and unwilling participants of conflict. (Slim 1989) |
| among other things. The organization is un-biased and | | | | The Impact of International Law in the Global |
| operates as a neutral party in the interest of all of its | | | | Business Environment |
| member nations. International Law is the standards | | | | International Human Rights and Labor Laws |
| by which each of these nations is held to uphold as a | | | | established under International Law impact the |
| member. | | | | fundamental policy structure for human resource |
| Strengths | | | | hiring practices, employee rights, and the obligations |
| International Law applies to obligatory relationships | | | | of employers to their employees regarding safety |
| between nations in respect to treaties and | | | | and environmental standards. Of course the level of |
| conventions based on the members acknowledging | | | | the enforcement of these laws remains an issue in |
| the fundamental rules that bind them. International | | | | respect to nations such as China and many others. |
| Law also trumps Municipal Law and International | | | | The challenge is developing domestic policies that |
| Tribunals meaning that a law that is made that | | | | comply with these international standards. What may |
| violates International Law is a breach of the | | | | be considered acceptable in Germany may be |
| aforementioned agreements of nations abiding by the | | | | considered elaborate in Sudan or the Republic of |
| conventions. An example of this was the execution | | | | Vietnam for instance. Nations may use sanctions as a |
| of Saddam Hussein. He was tried under municipal law | | | | means to show disdain or objection to these |
| in Iraq for violations committed with that nation with | | | | violations. Other nations may decide to dismiss |
| ICJ oversight. He was given counsel, granted the | | | | companies and its subsidiaries from their shores due |
| ability to produce witnesses in his defense. In this | | | | to human rights violations. |
| case municipal law did not conflict with International | | | | Businesses that are functioning within various global |
| Law in that war-crimes have a severe penalty under | | | | markets must also comply with the existing municipal |
| both codes of law. | | | | laws of the city, region, territory, state, and or nation |
| Another benefit that International law offers is a | | | | in order to operate. Some nations may skirt all of the |
| hierarchical structure that allows the referencing of | | | | laws in exchange for more jobs being created with |
| cases based on existing treaties, and agreements | | | | the region. This means that poorer nations that have |
| along with customs between states. Also, the | | | | yet to develop sustainable economies may opt to |
| customs and associated practices of civility and the | | | | turn a blind-eye to infractions pertaining to employee |
| general principles of law offer more flexibility than | | | | abuses, or disposing of environmental waste in ways |
| that of a civil codified law for parties to resolve | | | | that could impact the civilian population. The difficulty |
| issues. The use of bilateral agreements between | | | | that many of these nations have is the imbalance in |
| nations, arbitration, and sanctions are also benefits at | | | | leverage to make serious demands of these larger |
| the disposal of nations in respect to using | | | | multinational corporations. In some cases, the |
| international law. | | | | corporations make more profits per year than the |
| Weaknesses | | | | nation has in the national treasury. |
| International Law does have some stark limitations | | | | Ethical practices play a major role in how the |
| when it comes to full uniformity under the Doctrine | | | | organization will be received and treated in many |
| of Incorporation which applies international law | | | | parts of the world and therefore a misdeed in one |
| differently according to the avoidance of conflict of | | | | nation may haunt it when attempting to expand into |
| municipal laws. There are certain instances when | | | | other markets around the world. The recent British |
| nations do not honor or acknowledge certain laws | | | | Petroleum (BP) oil spill in the Gulf of Mexico is a good |
| and International conventions or treaties. When this | | | | example. Depending on how BP manages this crisis |
| occurs, conflicts may occur between states in the | | | | can determine how nations in the future will view |
| forms of sanctions, disputes filed in the ICJ or | | | | their role as a responsible global corporate partner. |
| through the vehicle of war. | | | | Legal policy decisions must include both International |
| On August 8, 2008 Russian troops were on the | | | | Law and Municipal Law to much like that of the |
| offensive to occupy the Southern regions of Ossetia | | | | Doctrine of Incorporation (the obligation for |
| and Abkhaz in the country of Georgia. The dispute | | | | compliance) while retaining distinct company policies |
| came about because Russia failed to comply with and | | | | for effective and efficient operation. International |
| uphold the 1992 Treaty of the Settlement of Georgia | | | | Intellectual Property Law IPR) requires companies to |
| along with the later ratification of The Cease Fire and | | | | apply security procedures to secure proprietary |
| Separation of Forces Agreement of 1994 (ICJ 2008). | | | | information and ensure compliance based on the |
| This breach caused Georgia to sue Russia due to | | | | renewal of copyright and patents within the laws and |
| these agreements and the ICJ ruled in Georgia's | | | | time-frames of each nation based on its |
| favor due to Russia's spotted history of violating the | | | | requirements. International Humanitarian Law would |
| previous treaties. Article 22 of the convention allowed | | | | have to shape policy in respect to protecting assets |
| the International Court of Justice to resolve the case | | | | and personnel. This would mean contingency plans for |
| with reference to getting Russia to comply with its | | | | evacuation policies in the event the government did |
| obligation. In an effort to avoid destabilizing the region | | | | not honor the fundamental rights outlined in the |
| and experiencing possible sanctions from other | | | | Geneva Convention.by James L. |