Briefing Paper-Business Law

Columbia Southern University

Briefing Paper

Briefing Paper 1: Critical Legal Thinking

The act of state doctrine states that an act of a government in its own country is not subject to a suit in a foreign country’s court (Cheeseman, 2012, pg.545). It means one country government does not have the authority to regulate and make decisions in or for another country.

In the case of Glen v. Club Mediterranee, S.A., the Cuban government did not act ethically when it expropriated the Glen’s property. The Glens owned the property before the communist revolution and the Cuban government expropriated the property without paying the Glens (Cheeseman, 2012, pg.544). The Cuban government should have compensated the Glen’s for the property but the sisters fled Cuba during the revolution. I can’t decide if Club Med acted ethically or not. It was forty years later when the Club Med entered into the agreement with Cuba. It’s in my opinion that the Glen’s should have sued the Cuban government for expropriation the land not Club Med. The act of taking of privately owned property by a government to be used for the benefit of the public is expropriation of property.

Briefing Paper 2: Law Case with Answers

The Foreign Sovereign Immunities Act (FSIA) is an act that exclusively governs suits against foreign nations that are bought in federal or state courts in the United States (Cheeseman, 2012, pg. 545). In the case of Republic of Argentina v. Weltover, Inc. the commercial activities exception to the Foreign Sovereign Immunities Act permits the plaintiff to sue Argentina in a U.S. court (Cheeseman, 2012, pg. 549). When the Argentina government sold “Bonods” to investors worldwide and provided for repayment in U.S. dollars through transfers on the London, Zurich, and New York markets at bondholder’s election it made them subject to the FSIA act. Argentina was doing business on the U.S. markets with makes them subject to the U.S. laws, which means...