Legal risks to ABC Corporation

Deliverable Length: 1000-1250 words

Details: Completion of the electronics plant in South America has proceeded ahead of schedule. In an effort to move the project along, local government agreed to partner with ABC Corporation in the construction and operation of the plant for the people of that region. Unfortunately, a local political faction opposed to the government has taken issue with the government's participation in the project and taken control of the plant by force, wounding several personnel, natives, and company engineering personnel in the process. In their effort to retake the facility, government troops had to use massive force, which resulted in the death of several corporate employees, destruction of major portions of the plant, and significant damage to the surrounding neighborhood and village. The villagers attempt to bring an action against the local government and your company in the International Court of Justice (ICJ) and the International Criminal Court.

The ICJ and the International Criminal Court are the preeminent international legal organizations.

Discuss the history of the two organizations.
Describe and examine how the courts exercise jurisdiction.
Discuss the ongoing dispute between the United States and the international community about acceptance of the criminal court.

Scenario:

ABC Corporation has grown into a successful multinational corporation with gross revenues of $35 billion in the last fiscal year. ABC has operating facilities in the European Union (EU), the United States, People's Republic of China (People's Republic), Asia, South America, and Africa. The company has experienced explosive growth over the last 3 years and has grown from a regional firm to a multinational conglomerate with many international projects currently under way. ABC is planning to construct additional specialty chemical and electronics part production facilities in offshore locations in the near future.

The original founders of the corporation have become the board of directors and primary shareholders for this corporation and have worked diligently to create a successful mix of products for the corporation including electronics, specialty chemicals, and Internet services in the United States, Asia, People's Republic of China, and Africa. Even though ABC has grown in complexity, the corporation now has a competent and capable corporate legal in-house counsel and management team in place to manage day-to-day operations although the board has insisted on guiding every facet of the business. The board members have taken this hands-on approach to the corporation because they built it.

Over the last several months, there have been concerns from the management team and in-house counsel about the board's excessive involvement in international negotiations. In an effort to quiet these concerns, the board has engaged you, a recognized expert in the field of international operations and laws, to act as its personal consultant on all projects the board members have undertaken globally. Your job is to advise the board members through memoranda and discussion about the legal risks and consequences they face in the various projects currently ongoing for ABC Corporation.