Saturday, September 14, 2019
Critical Legal Thinking Essay
A state doctrine is ââ¬Å"a doctrine which states that judges of one country cannot question the validity of an act committed by another country within that other countryââ¬â¢s borders. It is based on the principle that a country has absolute authority over what transpires within its own territoryâ⬠(Cheeseman, 2013). In the case of Glen v. Club Mediteranee, S.A. this means that because the incident of Cubaââ¬â¢s expropriating the Glenââ¬â¢s beachfront property to Club Mediteranee, S. A. to build their facility and then not paying the Glenââ¬â¢s for the property cannot be brought to a U.S. court to be judged because the incident originated in Cuba and state doctrine states that another country cannot ââ¬Å"question the validity of an act committed by another countryâ⬠(Cheeseman, 2013, p. 543). The U.S.A. cannot just step in and tell Cuba that their standards and beliefs are wrong. Ethics No, the Cuban government and Club Mediteranee by ethical, societal, or U.S. standards act morally in the joint venture of building their facilities on the Glenââ¬â¢s beachfront property without establishing a contract or making payment to the Glenââ¬â¢s for their beachfront property. By our society standards and beliefs, in the U.S.A. this would be considered stealing. Although we might see this as immoral and illegal Cuba may not, because their country may have no compunction to take what is not theirs and use it as they see fit does not give another country the right to sit in judgment because each culture and civilization has their own ethical standards and we cannot place our standards on other countries because that would be unethical. Contemporary Business References Cheeseman, H. R. (2013). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues. Upper Saddle River, N.J: Pearson/Prentice Hall. Investment policy ââ¬â OECD. (2014.). Retrieved from http://www.oecd.org/investment/toolkit/policyareas/investmentpolicy/expropriationlawsandreviewprocesses.htm
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