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    Question 1. Outline the role and function of the International Court of Justice.
    Question 2. How do we actually choose the governing law that applies in international business disputes? Add an example of how this concept works in practice.

    Each question needs to be 200-300 words with references. The book that I am using is International Business Law Text, cases, and readings by Ray August, Don Mayer & Michael Bixby.

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    https://brainmass.com/business/business-management/international-court-justice-615756

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    1. The role and function of the International Court of Justice .
    According to the official website of the International Court of Justice (ICJ):
    "The Court's role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies."
    Source URL: http://www.icj-cij.org/court/index.php?p1=1
    According to the UN Documentation: International Court of Justice,
    "The Court has two functions:
    • To settle, in accordance with international law, legal disputes submitted by States, and
    • To give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies."
    Source URL: http://research.un.org/en/docs/icj

    1. The function of the ICJ regarding resolving disputes between sovereign states: The U.N. Security Council prescribes the conditions by which disputes between parties can be resolved by the court. However, a state may be subject to the court's jurisdiction only upon its consent which can either be done through (1) express agreement, (2) prior agreement in certain cases, or (3) a treaty provision.
    2. The ICJ decides cases according to the international law. As such, ICJ has to apply the following in the cases: (1) international custom; (2) international conventions and treaties; (3) general principles that are considered as law by the civilized nations; and (4) the judicial decisions of qualified publicists of different countries.
    3. The ICJ is also tasked with resolving treaty interpretation wherein the Court resolves disagreements and misunderstanding over the theory and application of the terms in treaties that are formed by two or more nations. Examples of these are those involving nuclear testing and water boundary disputes.
    4. When the General Assembly, the Security Council or other United Nations organs or agencies requests it, the ICJ renders advisory opinions of legal questions. A few instances of these are the World Health Organization's and General Assembly's request for advisory opinions regarding the legal considerations of nuclear weapons under the international law. There were court hearings that weren't held frequently which showed that the parties prefer to handle their disputes in ways when they can better control them.
    Source: Encyclopedia.com http://www.encyclopedia.com/topic/International_Court_of_Justice.aspx
    As the UN's principal judicial organ:
    1. The ICJ is a part of the U.N. system as there is an organic relationship that exists between the UN and the ICJ.
    2. The ICJ interprets and develops the institutional law of the United Nations.
    3. The ICJ facilitates the realization of the purposes and principles of the UN through its contentious jurisdiction.
    4. The ICJ also functions as a (1) Constitutional court and a (2) Court of Appeal.
    Source: http://etheses.lse.ac.uk/2566/1/U615515.pdf

    Question 2. How do we actually choose the governing law that applies in international business disputes? Add an example of how this concept works in practice.

    In international business contracts, it is important that the parties agree on the choice of governing law and dispute resolution clauses and that these should be expressly set out in the business contract. The law that the parties choose determines their rights and obligations.
    According to Herbert Smith Freehills LLP, it is advisable to choose a legal system that is reputable in the international business environment. It must have been proven to provide fairness and certainty in contract regulations. Also, the set of laws must be the most commonly used in internaqtional commerce in general and in the specific and relevant industry where the parties belong. It is also essential that the law can provide accessible and sufficient numbers of experienced commercial lawyers as they are very important when there is a dispute that happens between the parties and the contract needs to be interpreted.
    One of the most widely used international business contract law is the English law as its comprehensive precedent system has been proven to have a high level or degree of certainty and the ability to foresee or determine future disputes arising from the contract or agreement between the parties.
    Other legal systems that are commonly used internationally are the German, French and Swiss laws in Europe and the New York law in the US. In Asia, the Hong Kong and Singaporean laws are used.
    While it is recommended that the international business contract follow only one national law, e.g., English or Hong Kong law, there may be certain instances (such as compromising in negotiation) that one system of law may apply to a certain clause in the contract whereas the remaining applies to another legal system.
    The parties' choice of governing law in their international business contract may be express or implied. The express choice will always be respected by most national courts and tribunals. An example of this is when a Chinese seller and a Dutch buyer decides to use the English law as their governing law, then, the English law will be used and applied to the greatest extent when settling a dispute that arise from their agreement.
    Source: http://www.lexology.com/library/detail.aspx?g=08a41896-6b21-47fa-91ed-25f9f4b216ce
    Baker & McKenzie International considers the following as the basis for choice of law: (1) choosing a substantively favorable law, (2) considering the nature of potential disputes, (3) excluding reference to conflict of law rules, and (4) considering which law will override the other: foreign law or public policy?
    More information and examples can be found on their site at:
    https://www.acc.com/chapters/sfbay/upload/InternationalPrez_3-27-13_Baker.pdf

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