Exam 3: Dispute Settlement

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The vested rights doctrine states that courts should apply the law of the state where the rights of the parties legally became effective.

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The protective nexus provides for jurisdiction when a national or international interest of the forum is injured by the offender.

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Explain the act of state doctrine.

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The act of state doctrine is a rule that restrains municipal courts in some countries from exercising jurisdiction over foreign states. This rule is most developed in the United States, where it is based on the U.S. constitutional requirement of separation of powers. That is, because the U.S. Constitution assigns to the executive branch of the government responsibility for the conduct of foreign affairs, the courts must decline to hear cases that might adversely affect the executive's conduct of those affairs.

The ________ is a provision in a contract designating a particular court or tribunal to resolve any dispute that may arise concerning the contract.

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A juridical person is a human being.

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In personam jurisdiction is the power of a court to decide matters relating to a natural or juridical person physically present within the forum state.

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Briefly describe the most significant relationship doctrine.

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The WTO's dispute settlement process is governed by an agreement known as the General Agreement on Tariffs and Trade.

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Forum non conveniens is a court order directing a person not to proceed with litigation in a foreign court.

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Immunity is available when it is waived by the state.

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Contentious jurisdiction is the power of the ICJ to give opinions about issues of international law at the request of the United Nations or one of its specialized agencies.

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________ is the power of the ICJ to give opinions about issues of international law at the request of the United Nations or one of its specialized agencies.

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The doctrine of absolute sovereign immunity states that domestic courts must decline to hear cases against foreign sovereigns out of deference to their role as sovereigns.

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________ is the process of reaching an agreement through discussion between two parties to a dispute.

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The ________ holds that municipal courts must decline to hear suits against foreign sovereigns.

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Courts that apply the governmental interest doctrine will make no choice of law unless asked to do so by the parties.

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Which of the following is a dispute settlement organ of the WTO that is charged with administering and carrying out the Dispute Settlement Understanding?

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Differentiate between good offices and conciliation.

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________ is the requirement that a tribunal must have power over the parties before it may hear a dispute.

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________ is the process by which parties to a dispute submit their differences to the binding judgment of an impartial third person or group selected by mutual consent.

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