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Holger Spamann, Scott Hirst & Gabriel Rauterberg, Corporations & Corporate Law , in Holger Spamann , Scott Hirst & Gabriel Rauterberg , Corporations in 100 Pages (2020).

Abstract: This is the first chapter of the book Corporations in 100 Pages (2020), authored by Holger Spamann, Scott Hirst, and Gabriel Rauterberg. The book is an introduction to corporate law for students and anyone else interested in the foundations of corporate law. The book provides an accessible, self-contained presentation of the field’s essentials: what corporations are, how they are governed, their interactions with their investors, and other stakeholders, major transactions (M&A), and parallels with other legal entities, including partnerships. Optional background chapters cover the investor ecosystem, contemporary corporate governance, and corporate finance. The book’s exposition of doctrine and policy is nuanced and sophisticated, yet short and simple enough for a quick read. Chapter 1, “Corporations & Corporate Law,” introduces the book by addressing two questions: What are corporations? And what is corporate law? The chapter discusses the corporation as formally an abstraction to which the law assigns right and duties. Its extraordinary usefulness lies in how it allows large groups of people to organize relationships involving multiple assets, such as by pooling funds, transferring them to the corporation, and then allowing the corporation to serve as a single contracting interface with third parties. The chapter discusses how corporate law, as the subject is taught in law schools and discussed in practice, consists of the body of rules that govern the relationships among a corporation’s shareholders, its board of directors, and its managers; the relationships within each group; and the powers of each group to affect the corporation’s affairs. Corporate law is thus only a small subset of the far larger set of laws governing corporations, which includes “antitrust law,” “consumer law,” “environmental law,” and far more. Corporate law remains largely a matter of state statutory and common law, but also turns decisively on the corporation’s governing legal instruments, like the charter and bylaws, and contracts amongst its shareholders. Securities law also affects how corporations finance themselves. The chapter ends by providing examples of corporations, such as a small private corporation and a large public one, which illustrate the important legal features of the corporate form.

What is Corporate Law? And How It Will Evolve in 2023

Introduction

Corporate lawyers are held in high regard in the business world, and for good reason.

Corporations rely on their lawyers to perform an ever-wider variety of functions. This increased reliance is due, in part, to heightened government regulation and oversight, the public’s growing expectations of corporate ethics and social responsibility, and the rise of corporate data coupled with data privacy laws.  

The good news is that corporate legal teams will continue to enjoy job security. But the bad news is that corporate legal teams are now expected to perform more duties with fewer resources at their disposal. According to a recent Thomson Reuters survey, 65% of legal departments experienced increased workloads over the last year, while nearly 60% reported that their budgets remained the same or decreased in that time.

In this post, we’ll define corporate law and explore the differences between corporate law and business law as well as how the role of corporate law professionals has changed. Then we’ll outline four key developments in corporate law to keep an eye out for in 2023 and share why eDiscovery technology is crucial for corporate legal professionals.

What is corporate law?

Corporate law is a legal practice area specializing in the statutory, regulatory, and ethical standards that apply to corporations. In practice, corporate law touches on a variety of legal subjects, including:

• formation of corporations;
• investments,
• corporate governance,
• securities,
• mergers and acquisitions, and
• dissolution.

More so, corporate law is a specialized area of commercial law that deals with the legal rights, duties, and obligations of corporations and their stakeholders, including shareholders, directors, officers, employees, and creditors.

Corporate lawyers represent corporations, lenders, investors, and others who operate in the corporate world.

Before we move on, let’s take a step back and talk about what a corporation is. A corporation is a company that is owned by shareholders who authorize the company to act as an independent legal entity. A shareholder is an individual or entity that invests money in a corporation and receives partial ownership in return.

Five common legal characteristics of a corporation

All corporations have the following five principles in common:

1.     Legal personality

The investors and owners of a corporation combine their resources and rights in the corporation to form a separate legal entity. The corporation then uses those combined assets to perform business activities.

2.     Limited liability

If someone sues a corporation, the corporation’s liability is limited to its assets. In other words, a plaintiff can only reach the assets the shareholders invested in the company, not the shareholders’ individual assets.

3.     Transferable shares

Any shareholder can transfer their shares in a corporation to another person instead of dissolving the corporation entirely or transferring ownership as in a business partnership. Although there are limits to how and when a shareholder can transfer their shares, it is relatively easy to do and usually has a small impact on the business.

4.     Delegated management

A corporation’s board of directors and officers make decisions for and on behalf of the corporation. Shareholders elect board members, board members hire and oversee officers, and officers manage the corporation’s daily operations. This separation of powers prevents any single person from exerting too much influence over a corporation, which protects the shareholders and the corporation as a whole.

5.     Investor ownership

Shareholders own the corporation and can make high-level decisions regarding the corporation. Each shareholder’s influence is typically proportional to their stake, or level of ownership interest, in the corporation. However, shareholders do not run the corporation directly or control its daily operations.

Now, let’s explore the differences between corporate law and business law.

What is the difference between corporate law and business law?

Corporate law involves broad issues regarding corporations, whereas business law involves more discrete issues that apply to businesses of different types, including corporations as well as partnerships or limited liability companies (LLCs).

While corporate law revolves around the corporation-specific subject areas listed above, business law involves:

• advising businesses on employment issues,
• drafting contracts for business use,
• addressing breach of contract issues,
• facilitating business transactions, and
• handling business taxes.

Despite their differences, corporate law and business law frequently intersect because they both relate to how companies operate.

Let’s turn now to what it is that makes corporate law important.

Why is corporate law important?

Corporate law is important for corporations because it can help them understand their legal duties, avoid regulatory enforcement actions and litigation, and safeguard their assets.

Corporate lawyers apply corporate law principles to a corporation’s formation, policies, and business practices. Without having corporate legal advice to guide them, corporations can easily violate laws and regulations and run into contract and licensing issues, potentially costing them time, money, and loss of business.

Corporate lawyers also tend to have considerable business acumen that they use to help corporations plan, strategize, and make important decisions. In the same vein, corporate lawyers can help their clients identify a purpose and set out purpose-driven goals that are broader and more meaningful than simply advancing shareholder interests.

For example, a corporation may define its purpose as helping customers achieve their dreams, empowering underserved populations, or promoting environmental stewardship. Of course, working toward sales objectives related to those purposes can benefit shareholders, but a strong sense of corporate purpose and the existence of purpose-driven goals ensures buy-in at all levels of the corporation and encourages the prioritization of long-term goals over short-term profits.

Today’s corporate lawyers occupy many more roles than the corporate lawyers of yesteryear. Let’s take a look at how the role of corporate lawyers has changed.

What are some of the most common corporate law challenges of today?

Some of the most common corporate law concerns include:

Compliance with regulations and laws

Corporations must comply with a variety of federal and state regulations, as well as industry-specific laws. Failure to comply can result in fines, legal action, and damage to the company’s reputation.

Corporate governance

It is generally a complex and challenging area due to the evolving legal and regulatory landscape, as well as the increasing diversity of stakeholders who have an interest in how companies are governed. Moreover, with the growth of data sources, companies may face challenges in managing and governing their data effectively. This can result in data silos, where data is stored in different parts of the organization, making it difficult to access and analyze.

Data privacy and cybersecurity

With the increasing use of technology, corporations are collecting and storing more data than ever before. This has led to a growing concern about data privacy and cybersecurity, as companies must ensure that they are protecting their data and the data of their customers from unauthorized access or disclosure. That said, proper data privacy within corporate organizations is strongly linked with strong data governance practices. By working together, data privacy and data governance efforts can help organizations to comply with legal and regulatory requirements, manage risks, and build trust with stakeholders.

Litigation and dispute resolution

Disputes and litigation can be time-consuming, costly, and damaging to a company’s reputation. Companies must work with their legal teams to minimize the risk of disputes and resolve them efficiently when they do arise.

How has the role of a corporate lawyer evolved?

Corporate lawyers have been a fixture in the corporate world for quite some time, but their role has been far from static.

Historically, corporate lawyers were known for giving ethical and legal advice, overseeing corporate governance, and helping corporations implement new policies. Corporate law was widely considered to be a reactive rather than proactive tool. As such, corporate lawyers spent much of their time responding to new legal and regulatory requirements and performing damage control.

Today’s in-house corporate lawyer is much more integrated into their organizations as a whole and perform a wider variety of tasks, including:

• strategizing and promoting corporate goals,
• staying updated on new regulatory requirements and interfacing with government agencies,
• improving cybersecurity and facilitating compliance with data privacy laws,
• advising on environmental, social, and governance (ESG) issues, and
• protecting the corporation’s public image.

What caused this shift in the way corporations view and leverage their legal counsel? Several events likely contributed to the change, including:

Each of these factors has contributed to a more challenging corporate environment and increased reliance on internal legal teams. Now, a corporate lawyer must have a wide range of skills to succeed in the current market, including:

• creative as well as analytical thinking,
• the ability to view issues through a business and finance lens,
• clear and concise communication skills,
• strong leadership abilities, and
• proficiency with modern technology.

As the corporate side of the legal industry continues to evolve, there are a few key developments corporations and their legal teams should be aware of.

Four key corporate law developments to be aware of in 2023

Corporations and their lawyers must continually adapt to changing dynamics and expectations. To do so, they must stay updated on current trends.

Our 2023 State of Corporate Legal Industry Report provides insights into modern corporate law based on a survey of corporate legal professionals. Here are four key findings from the report.

Increasing budget constraints

First, corporate law departments are facing budget constraints and will need to operate more efficiently to succeed. Over half of respondents (53%) said that their budget would be the greatest challenge they would face in 2023, while 47% said that improving internal efficiency and productivity would be their greatest legal issue. These statistics reflect the reality that corporate lawyers’ main focus for 2023 will be to deliver strong results despite limited budgets and staff. Therefore, corporate legal departments will need to leverage technology to work more efficiently.

Less outsourcing with outside counsel

Second, corporate law departments want to outsource fewer tasks to outside counsel in 2023. Nearly half of respondents (41%) were considering reducing the number of law firms they work with in 2023, while 25% already had plans to do so. This trend is likely due to budget cuts and the need for corporate legal departments to reduce costs. As a result, corporate legal teams will need to do more in house, including handling eDiscovery and performing investigations.

Overcollection of data becomes more apparent

Third, the overcollection of data is a big problem for corporate law teams. When asked whether it was true that their teams regularly over-collect data, 27% of respondents agreed, while nearly 10% strongly agreed, and 46% were unsure or neutral. Based on these findings, corporate legal teams should be on the lookout for eDiscovery technology that can help them reduce or eliminate overcollection.

Better use and adoption of eDiscovery technology

Fourth, corporate law teams are becoming increasingly interested in modern technology. An overwhelming 74% of respondents said that increasing their use of technology was their number one priority for 2023, followed by upskilling in-house legal teams. Of course, these priorities overlap because legal teams must develop the skills necessary to navigate new tools as their departments upgrade to more technology-driven workflows.

All four of these developments have one thing in common: legal technology is the way forward. And luckily, technology has continued to evolve and improve just as the corporate legal industry has.

eDiscovery technology is paramount for corporate lawyers

Technology plays a critical role in supporting corporate lawyers and helping them do more with less. With the right tools, a corporate lawyer can work more efficiently and still deliver great results to their organizations.

IPRO’s suite of end-to-end solutions for in house counsel can automate tedious tasks, streamline eDiscovery workflows, and help ensure legal and regulatory compliance.

For example, Live Early Data Assessment (EDA) can quickly search, review, and analyze data in place, providing valuable insights into corporate data without the hassle and expense of manual review. The platform can work with large volumes of data across multiple repositories from a single user-friendly interface.

With the help of tools like these, a corporate lawyer can efficiently fulfill the many roles they occupy while saving their organizations time and money.

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40+ Best Legal PowerPoint Templates (+ Law PPT Slides) 2024

There is nothing easy about working in the law industry, it requires hours of dedicated work, and you often find yourself hours deep into paperwork to get anything meaningful done. Yet, this can be doubly stressful when you’re tasked with making a legal presentation.

The best way to make a legal presentation is through pre-made legal ppt templates. However, finding good-quality law PowerPoint templates can be a nightmare at times, forcing you to search through thousands of templates online.

It’s for this reason that we decided to compile a list of legal ppt templates sourced from both premium and free options making sure to cover every style of law PowerPoint template you could possibly need.

If you’re stuck needing to create a legal presentation or just need something to spice up your portfolio, you’ll find it all here on our list.

Read on to see our collection of the best legal PowerPoint templates out there right now!

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The X Note Template

Bolo PPT Template

Clean Business PPT

Ciri PPT Template

Justiciva – lawyer & law firm powerpoint template.

Justiciva is a beautifully designed PowerPoint template for modern law firms and lawyers. It comes with a set of stylish slides for presenting your key points in a more engaging way. The template has more than 40 different slides with device mockups, vector graphics, image placeholders, and more.

Kontra – Attorney & Lawyer PowerPoint Template

This PowerPoint template comes with a clean and modern design. It’s great for making presentations on various topics related to law. There are 50 unique slides in this template that you can easily customize to change colors, fonts, images, and much more according to your preference.

Notaria – Notary Public PowerPoint Template

If you’re working on a presentation related to notary public or legal services, this PowerPoint template will come in handy. It includes 40 unique slides with creative and modern layouts. You can use it to craft presentations that deliver your message in a more clean manner.

Firma – Lawyer PowerPoint Template

Firma is a modern PowerPoint template made with lawyers in mind. This template comes with 30 different slides with professional designs. It’s ideal for corporate agencies and law firms as well. The template has drag-and-drop features with easily editable elements.

Lawtice – Lawyer & Attorney PowerPoint Template

Lawtice is a clean and minimal PowerPoint template you can use to make slideshows for both lawyers and attorneys. There are 15 unique slides in this template with layouts that are useful for various law-related presentations.

Trust – Law Firm PowerPoint Template

If you prefer bold presentation designs with dark color themes, be sure to give this PowerPoint template a try. It comes with a dark and gold color scheme that gives a high-end look and feel to the entire presentation. There are 34 unique slides in this template.

Lawcaso – Lawyer & Attorney PowerPoint Template

Lawcaso is a creative PowerPoint template specifically designed for lawyers. It has bright and attractive slide layouts with plenty of space for promoting your law firm and legal services. The template includes 40 slides.

Sean – Law Firm PowerPoint Template

Sean is a powerful legal PowerPoint template with a lot of features. It contains 30 useful slides in HD resolution for attorney and law firms. As one of the best legal ppt templates out there, Sean certainly deserves your attention.

Juristic – Legal Advisor PowerPoint Template

An elegant and polished presentation is key to earning clients’ trust, especially for startup legal businesses. Juristic is an excellent template that can help you impress and keep your clients with minimal effort. When looking for sophisticated law ppt templates, Juristic is well worth checking out.

Lawyero – Law PowerPoint Template

Next up, we have Lawyero, a modern and professional PowerPoint template that focuses on the most important aspect of a presentation, i.e., content. The template is 100% customizable and has an array of amazing features for you to try out.

Lawistic – Legal PowerPoint Template

Lawistic is a sophisticated PowerPoint template that can virtually be used for any law presentation. It comprises of 30 slides, painstakingly created by professional designers so you can impress your clients without having to do anything extra.

Lawl – Law Advocate PowerPoint Template

Lawl is a powerful PowerPoint template that will bring new opportunities to your law firm. Its clean and modern layout will engage your clients and get them all curious to know what’s coming next. It has 30 slides that can be customized to your liking in just a few clicks.

Freedom – Law PowerPoint Template

If you’re looking for a PowerPoint template that covers nearly every aspect of law and justice, Freedom is well worth checking out. It has thirty slides, three pre-made color schemes, free fonts, and a 16:9 widescreen ratio. When it comes to the best legal ppt templates, Freedom stands at the top of the league.

Universale – Law PowerPoint Template

Universale is a clean, and modern PowerPoint template that caters to any firm that’s even remotely related to law and order. It features 30 carefully crafted slides, infographics, free fonts, vector icons, and more. If you are on the hunt for the best law ppt templates, Universale is a solid choice.

Legal PowerPoint Template

Legals is a fantastic foundation for any legal presentation. Providing you with a sleek and professional range of slide designs, and a multipurpose range of slide applications. The template provides thirty different custom slides, five themes, image placeholders, and much more!

The Legal Service PowerPoint template is a gold standard in the world of legal presentations. It comes with an ultra-modern aesthetic and consists of thirty custom slides that are great for corporate pitches, business portfolios, or general legal presentations. A perfect choice for a professional context.

Bring a touch of elegance to your legal presentation with the Legal Law Presentation Template. A regal styled legal template that has no shortage of style. The template provides thirty custom slides, a range of vector icons, a free font pack, and more!

Prime Legal is an ultra-modern and unique legal presentation template. Providing you with the sleek professionalism that helps to set legal presentations apart from the rest. The template comes loaded with options, including fifty custom slides, a range of themes, image placeholders, a free font, and a selection of master slides.

This Legal Servers PowerPoint Presentation Template takes a more trendy and unique aesthetic approach to their slide designs, providing a great style that is sure to impress. The template includes fifty unique slides, a range of themes and animation options, as well as much more for you to enjoy.

Law Company PowerPoint Template

Here we have a creatively designed law PowerPoint template featuring 50 slides, totally customizable to fit all of your requirements. If your aim is to create a presentation that instantly grabs your audience’s attention, this product is the right choice.

Milcheur is a gorgeously designed law PowerPoint template, using a wooden aesthetic and a professional cream slide design. A gold standard in the world of professional legal template designs. It provides you with thirty custom slides, and a range of customization options to keep you busy.

If you’re creating a legal presentation for Government use, then look no further than Citizen. A simple, yet effective, government style legal presentation format. It provides you with thirty custom slide designs, a range of master slides, as well as much more!

Whilst Bravia is traditionally a business PowerPoint template, it is based on a multipurpose foundation. Allowing it to be an incredibly useful template for legal applications. It uses a sleek and modern black, white, and green slide aesthetic which is truly impressive to look at.

The Lawyer PowerPoint template is a simple, minimalistic template design that provides you with a solid foundation to create a stunning legal presentation with ease. The template provides you with over one hundred and fifty slide designs, spread across five iconic themes.

Thorfinn is one of those template designs that is simply captivating to look at. Using an ultra-modern design, mixed with a sleek and professional slide aesthetic, this template is sure to impress any group you put it in front of. The template provides you with thirty custom slides, a range of master slides, and customization options to keep you busy.

Mercye is a fantastically tailored multipurpose legal PowerPoint template. The slides use a simple professional design, and comes with a range of graphics and icons that compliment the style perfectly. There are forty master slides, a range of image placeholders, and custom icons for you to enjoy.

Lawyer Case is a versatile legal PowerPoint template that uses a simple minimalistic design, perfect for professional applications. The template itself excels at portfolio use, internal pitch meetings, and client presentations. There is a massive range of one hundred and fifty slides to choose from, with many customization options to keep you busy.

TopLawyer is an extensive legal PowerPoint template, striving to provide all of the custom slide options you’d ever need in the legal field. There are over two hundred different slides, each tailored with the same clean and professional design.

Lawfirm is a professionally designed attorney presentation template, designed for high-end professional applications. It comes with a fully editable template structure, fifty custom master slides, and over four hundred slide template designs for you to enjoy.

Bring a touch of elegance to your legal presentations with this Lawyer presentation template. Each slide comes with a clean and sleek ultra-modern design, with slides tailored towards strictly presentation use.

Vergo is a much more traditional office-style presentation format, providing you with a versatile template that can meet almost any professional application need. The template itself consists of thirty-six slides, a range of image placeholders, and a fully editable foundation for you to work with.

Show off a little with the Passion template, a gorgeously designed ultra-modern and clean legal presentation template. Each slide uses a 50:50 image to text ratio and comes with a range of customization options to help you tailor the template to your own applications.

Law Enforcement PowerPoint Template

This presentation slides can help you reduce the anxiety involved with giving a presentation. Well-designed slides not only build your own confidence, but they also make your key points clearer to the audience.

Juridic – Legal PowerPoint Template

Juridic is a clean and professional presentation template that can be used for law & legal needs.

Lawry – Law PowerPoint Template

Lawry is a presentation template that can be used for a law firm. This template can also be used for various purposes, such as consultants, pitch deck investors, and other businesses

Justica – Law Firm PowerPoint Template

This clean and creative layout gives you many possibilities for creativity. There is no need to use any additional software. You can edit easily this presentation. It’s 100% customizable, all shapes are resizable, with no quality loss, removable and editable.

Free Legal PowerPoint Templates

You don’t have to spend a pretty penny to get your hands on some great legal PowerPoint templates. Let’s take a look at some free options that stand out among the crowd.

Free Criminal Justice Lawyer CV PowerPoint Template

You can use this free PowerPoint template to design a professional CV presentation for lawyers. It has 22 unique slide layouts featuring dark and creative content designs. The template is available in Google Slides format too.

Free Modern Criminal Justice Presentation Template

This free PowerPoint template comes with a creative and attractive slide design. It’s perfect for designing slideshow for a speech or event related to criminal justice. There are 36 different slides in the template.

Free Legal Services Project Proposal PowerPoint Template

Craft a simple presentation to showcase your proposal for legal services using this free PowerPoint template. It has simple and clean slide layouts with professional content designs. The template includes a total of 29 slides.

Spelman – Free Law PowerPoint Template

Whether you need a PowerPoint template for a legal firm or a lecture about law and order, Spelman can be of great help. It contains a range of simple yet eye-catching slides that can be tweaked as much and as little as you’d like. Grab it today!

Free Law Consulting Firm PowerPoint Template

If you want to deliver a successful sales pitch presentation, this free legal PowerPoint template is what you need to get your hands on. It features 100% editable slides, thousand of icons, infographics, and free fonts. A must-have resource in any legal company’s PowerPoint toolkit!

This PowerPoint template will help you create an amazing legal CV with ease. Providing you with a range of presentation slide designs that work to show off your best qualities, and leave a lasting impression.

Looking to create a comprehensive marketing plan for your firm? Then you need this Lawyer Marketing Plan PowerPoint template. A simple, yet professionally tailored presentation template that will have you up to speed with your marketing strategy with ease.

Show off the best qualities of your firm with the Suits and Lawyers Firm Profile PowerPoint template. An elegantly tailored template style, using an ultra-modern aesthetic mixed with a professional finish. A great option for those looking to pitch their services to new clients.

Create an Amazing Legal Presentation with These Templates!

Whilst there is nothing easy about the legal field, that doesn’t mean finding a great legal presentation template has to be difficult as well. With these templates under your belt, you’ll have everything you need to create an amazing legal presentation with ease.

13.1 Introduction to International Law

In 1945, President Harry Truman stated, “When Kansas and Colorado have a quarrel over the water in the Arkansas River they don’t call out the National Guard in each state and go to war over it. They bring a suit in the Supreme Court of the United States and abide by the decision. There isn’t a reason in the world why we cannot do that internationally” (Cheeseman, 2016, p. 903). Customs, which vary among global communities and international organizations, are a primary reason why the world cannot pursue such an answer to trade and commerce dealings. The priorities and aims for Chinese businesses differ from those of Brazil. Each of those two countries have radically different business perspectives from the United States. For this reason, international law utilizes customs, treaties, and organizations to guide relationships among nations, with the goal of allowing each country as much leverage as possible over its own business dealings.

International Law

International law relates to the policies and procedures that govern relationships among nations (Clarkson, Miller, & Cross, 2018). These are crucial for businesses for multiple reasons. First, there is not a single authoritative legislative source for global business affairs, nor a single world court responsible for interpreting international law (Cheeseman, 2016, p. 903). There is also not a global executive branch that enforces international law, which leaves global business affairs particularly vulnerable.

Secondly, if a nation violates an international law and persuasive tactics fail, then the countries that were violated, or international organizations tasked with overseeing global trade, may act. Often these actions use force to correct the offenses and may include economic sanctions, severance of diplomatic relations, boycotts, or even war against the offending nation (Clarkson, Miller, & Cross, 2018, p. 439).

The purpose of international laws is to permit countries as much authority as possible over their own international business affairs, while maximizing economic benefits of trade and working relationships with other nations. Since many countries have historically allowed governance by international agreements when conducting global business, there exists an evolving body of international laws that facilitate global trade and commerce.

U.S. Constitutional Clauses

There are two important clauses in the U.S. Constitution related to international law. First, the Foreign Commerce Clause enables Congress to “regulate commerce with foreign nations” (Cheeseman, 2016, p. 904). This clause permits U.S. businesses to actively negotiate and implement taxes or other regulations as they relate to international commerce. However, businesses cannot unduly burden foreign commerce. For example, General Motors, which is based in Michigan, cannot suggest that the state impose a 50 percent tax on foreign-made automobiles sold in the state, while not imposing the same tax on U.S.-made vehicles. Michigan can, however, impose a 10 percent tax on all automobile sales in the state to offset the costs of foreign trade and commerce.

The second important clause related to international law is the Treaty Clause , which states that the president has the power “by and with the advice and consent of the senate” to create treaties with other nations (Clarkson, Miller, & Cross, 2018, p. 440). This clause restricts treaties to federal authority, meaning that states do not have the power to enter a treaty with another nation. For example, the United States and Mexico can sign a treaty to reduce trade barriers between both nations, but the state of Texas cannot sign a treaty with Mexico to reduce trade barriers between Texas businesses and Mexico. Additionally, any treaties established with other countries become U.S. law, and any conflicting law is null and void.

Primary Sources of International Law

International customs, treaties, and organizations are the primary sources of international law (Clarkson, Miller, & Cross, 2018, p. 439).

These three components work together to guide how nations understand, define, and interpret international laws that govern global business affairs.

International Customs

Customs are general practices between nations that guide their business relationships. According to the Statute of the International Court of Justice, international customs are “accepted as law” (Clarkson, Miller, & Cross, 2018, p. 439). While customary international law (CIL) is not written, nor does it require ratification to become binding, CIL nonetheless provides guidelines for how nations conduct business affairs (Bradley & Gulati, 2010, p. 204). One example of a custom is the international protection of ambassadors. For thousands of years, ambassadors have been protected while serving diplomatic missions. For this reason, countries protect foreign ambassadors with the understanding that any harm caused to ambassadors would be a violation of international law.

International Treaties

Treaties and other agreements between nations are authorized and ratified by the countries that acknowledge their legality. There are two different types of agreements: bilateral, which is formed by two nations; and multilateral, which is formed by several nations. The Peru-United States Trade Promotion Agreement is an example of a bilateral agreement. It was signed in 2006, ratified by Peru the same year, and ratified by the United States in 2007. This bilateral agreement is considered beneficial to the United States because it improves access to Peruvian goods, while promoting security and democracy in the South American country. The North American Free Trade Agreement, or NAFTA, is an example of a multilateral agreement. It was ratified in 1994, when Mexico joined the previous trade agreement between the United States and Canada. In September 2018, the Trump administration successfully completed re-negotiations with Mexico and Canada that lasted over one year. Among other aims, these negotiations worked to increase auto industry wages for workers in Mexico and modify pharmaceutical regulations with Canada.

International Organizations

International organizations are comprised of officials who represent member nations that have established a treaty to oversee shared interests, including trade and commerce. The U.S. participates in more than 120 bilateral and multilateral organizations around the world. International organizations adopt resolutions that standardize behavior and create uniform rules related to trade and commerce. Two of the most significant international organizations established in the twentieth century that significantly impact U.S. trade and commerce are the United Nations and the European Union.

United Nations

The United Nations (UN) was created as a multilateral treaty in 1945. The UN’s organizational goals include maintaining global peace and security, promoting economic and social cooperation, and protecting human rights, especially related to women and children (Cheeseman, 2016, p. 905). The UN General Assembly includes representatives from each member nation. As of 2018, the UN acknowledges 195 sovereign states, with all but two participating as full members. These two, Palestine and the Vatican City, are classified as “observer states.” Six additional countries are not UN members, but are recognized as a country by at least one UN member country: Abkhazia, Kosovo, Northern Cypress, South Ossetia, Taiwan, and Western Sahara.

The UN Security Council includes five permanent members and 10 countries selected by the General Assembly to serve two-year terms. The five countries that hold permanent membership are China, France, Russia, the United Kingdom, and the United States (Cheeseman, 2016, p. 558). This Council is primarily responsible for overseeing global peace and security measures. The World Bank is a UN organization, financed by contributions from developed countries and headquartered in Washington, D.C. Its primary functions include providing money to developing countries to fund projects that relieve suffering, including building roads and dams, establishing hospitals, developing agriculture, and other humanitarian efforts. The World Bank provides both grants and long-term low interest rate loans to countries, often granting debt relief for outstanding loans (Cheeseman, 2016, p. 559).

The United Nations Commission International Trade Law is one of the most important international organizations to date, establishing the 1980 Convention on Contracts for the International Sale of Goods (CISG), which will be discussed further in the next section.

European Union

The European Union (EU) is a regional international organization that includes many countries in Europe. It was established to create peace across the region and promote economic, social, and cultural development (Cheeseman, 2016, p. 561). As of 2018, there are 28 countries affiliated with the EU, although the United Kingdom has begun steps to withdraw its membership. Additionally, Macedonia is actively seeking a path toward EU membership, although as of September 2018, the country’s citizens remain divided. The EU organization has established a treaty for its members that creates open borders for trade among member nations, especially for capital, labor, goods, and services. The impact on U.S. commerce is significant, as the EU represents more than 500 million people and a gross community product that exceeds that of the United States, Canada, and Mexico combined (Cheeseman, 2016, p. 561).

Sovereignty

National sovereignty defines a nation. While clearly defined borders and independent governments also set parameters for a nation, sovereignty is an important legal principle that allows nations to enter negotiated treaties with other countries and honor territorial boundaries. It is among the most important international law principles, thus greatly impacting international trade and commerce.

Since the 1800s, most established nations allowed for absolute sovereignty among the global community. However, by the 1940s, that allowance was significantly reduced, as countries revisited sovereignty in light of globalization, transportation, and communication advances, and the rise of international organizations (Goldsmith, 2000, p. 959). Consequentially, doctrines of limited immunity were created that established guidelines for how countries may prosecute, or hold foreign nationals accountable, during international trade and commerce dealings.

A doctrine of sovereign immunity states that countries are granted immunity from lawsuits in courts of other countries (p. 569). Although the United States initially granted absolute immunity to foreign governments from lawsuits in U.S. courts, in 1952, the United States adapted federal law to qualified immunity, which is the immunity regulation adopted in most Western nations. This law led to the Foreign Sovereign Immunities Act of 1976 , allowing U.S. governance over lawsuits against other nations in the United States in either federal- or state-level courts. Simply stated, a foreign country is not immune to lawsuits in the United States when the country has waived its immunity, or if the commercial activity against which the lawsuit is intended causes a direct effect in the United States.

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Fauci advisor bragged about avoiding public records law, documents show

by JACKSON WALKER | The National Desk

WASHINGTON (TND) — New documents acquired by the Select Subcommittee on the Coronavirus Pandemic show a senior member of Dr. Anthony Fauci’s staff bragged about avoiding public record laws.

The Freedom of Information Act, or FOIA, is a law which requires agencies funded by taxpayer dollars to disclose internal records upon request. Journalists often take advantage of the FOIA to inform the public about how their money is being used.

Internal emails from the National Institute of Health show David Morens, Fauci’s senior advisor, may have been working to shield certain communications from being accessible through FOIA requests.

One email refers to a “private gmail” supposedly used by Fauci. Morens also referred others to a “secret back channel” for communicating about certain issues. He also frequently directed others to message him on his personal Gmail account to avoid FOIA requests.

Morens also noted he had “learned from our foia lady here how to make emails disappear after I am foia’d.” That individual, who he identified as Marg Moore, “also hates FOIAs.”

The emails also reveal Morens made a series of crude comments about women, female coworkers and his drinking habits which indicate he “is not qualified to hold a position of public trust,” the committee wrote.

Morens testified to the subcommittee Wednesday that he didn't remember if he used a personal email to conduct government business, but conceded it was "wrong" if he did so.

Sen. Rand Paul, R-Ky., who has frequently butted heads with Fauci, condemned Morens’s actions Wednesday.

“It's a felony to destroy records,” he wrote via X. “It's a felony to destroy evidence. Without question, Morens has admitted in his emails that he was destroying evidence. David Morens is Anthony Fauci's Michael Cohen, he's the fixer.”

In a statement to The National Desk, a U.S. Department of Health and Human Services spokesperson said the department "doesn’t comment on personnel matters."

Follow Jackson Walker on X at @_jlwalker_ for the latest trending national news. Have a news tip? Send it to [email protected].

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