New York International Law Questions & Answers

Q: Who makes international laws? Do all countries involved need to agree to a law before it becomes official?

1 Answer | Asked in International Law for New York on
Answered on Dec 29, 2018
Timur Akpinar's answer
International laws are made by agreements and treaties between nations. Nations sometimes choose not to be signatories. It can depend on the context and subject matter. In areas such as aviation or maritime, international laws/protocols are necessary for the uniformity of operations throughout the world.

Tim Akpinar

Q: Are there a specific set of laws that are followed throughout the world or do countries just make their own laws without

1 Answer | Asked in International Law for New York on
Answered on Oct 27, 2018
Timur Akpinar's answer
Generally, countries make their own laws. Their laws apply within their borders and they don’t ordinarily worry about their laws not being identical to those of other countries. However, countries may honor the laws of other countries. Countries may also enter into international treaties, where they agree with other countries as to how certain activities will be governed. Additionally, in some areas, such as aviation or maritime, countries can agree to follow certain conventions or protocols...

Q: If I was in a different country when a legal dispute arose, but I'm now back in the US still dealing with it, will a US

1 Answer | Asked in International Law for New York on
Answered on Sep 15, 2018
Timur Akpinar's answer
There are a number of unknowns and I would not be able to provide a meaningful answer based on the facts here. It could be helpful, or even necessary, to consult with an attorney who would likely have additional questions. Some of these questions might include whether a U.S. court has already exercised subject matter jurisdiction over the dispute, if there is personal jurisdiction over the other party, choice of law provisions in the contract if the dispute is based on contract, where the...

Q: How can you enforce a contract against a company based in another country?

2 Answers | Asked in International Law and Contracts for New York on
Answered on Aug 17, 2018
Richard Sternberg's answer
Doing that successfully remains as much an art as it is a matter of commerce. Some of the choices include letters of credit, bills of laden, surety bonds, and escrow accounts. Those choices tend to have expensive overhead burdens in which third parties, like banks and sureties, make a percentage. Nevertheless, those are the most common techniques. The really cool choices are the ones where you've individualized the answer to the parties involved. For example, if foreign company, A, also owns...

Q: If I was injured in a Mexican hotel owned by a Spanish company, what type of law firm should I seek?

1 Answer | Asked in Civil Litigation, Personal Injury and International Law for New York on
Answered on Jul 24, 2018
Richard Sternberg's answer
Unless the Mexican hotel or some other potential defendant, depending on the cause of the injury, has assets in the U.S., the type of law firm you need is a Mexican one. It is possible in many cases to get jurisdiction for actions that occurred in the U.S., in which case, you might consult an experienced PI lawyer.

Q: A friend got hit by a car from an embassy - do they have immunity or can I sue them?

1 Answer | Asked in International Law for New York on
Answered on Jul 6, 2018
Richard Sternberg's answer
I’m away from my desk as I read this, so I can’t give you citations, but the U.S. required all diplomats to obtain auto insurance after some fairly nasty accidents in D.C. in the late Eighties or early 90’s. Before then, most embassies carried insurance anyway, but it is now required. Sovereign immunity still applies above the insured coverage, and there are a few tiny “gotcha” wrinkles, so this is not best pursued pro se. Get a lawyer who knows both litigation and has dealt with...

Q: What's the first step to starting an import company?

1 Answer | Asked in International Law for New York on
Answered on Jun 15, 2018
Richard Sternberg's answer
There are many steps, and the sequence of the steps differs depending on the product, the market, the suppliers, any licenses needed, and many other factors. Indeed, once might say that the first step is getting the basic business knowledge on learning the steps by getting an MBA and/or a legal education, but many quite successful importers have neither. I'd suggests buying an hour of time from a lawyer who knows a little about international trade and corporate formation and discussing your...

Q: Do district courts still have original jurisdiction over acts of piracy committed on international waters?

1 Answer | Asked in Admiralty / Maritime, International Law and Criminal Law for New York on
Answered on Jun 14, 2018
Aubrey Claudius Galloway's answer
Probably not, unless said courts are in the same physical jurisdiction where the ship that was victimized is registered. The court of original jurisdiction is where the (non-pirate) ship is registered. For example, many cruse lines register native to the Bahamas; if one of those vessels were attacked by pirates, the Bahamas is where legal action could be entertained.

Hope that helps,

Aubrey C. Galloway III, Esq.

(914) 912-1555

Q: I need to set up a personal bank account abroad -- what are any issues I need to be aware of?

1 Answer | Asked in International Law for New York on
Answered on Apr 14, 2018
Richard Sternberg's answer
There are surely an infinite number of issues you might need to consider, but which issues and whether they apply to your situation depends on your situation. I haven't a clue how to answer this. Ask more questions if your objective is to avoid taxation in the US. Ask more questions if your account will be in a currency restricted country. Ask more questions if your account will be in a country subject to sanctions by the US, the UN, or the EU. Ask more questions if the reason for the account...

Q: Pay duties during the process phase of prototype development? These are not for sale as we are still in dev.

2 Answers | Asked in Business Law, International Law and Patents (Intellectual Property) for New York on
Answered on Mar 19, 2018
Kevin E. Flynn's answer
I do not see a patent issue here. It appears that Justia does not have a category that is a great fit. You may want to use another tool and look for someone with a background in Import and Export law that understands the nuances in this space.

There are lots of items that are deemed to have value before the end product. Denim has value even though it is several processing steps shy of being a finished pair of jeans. Even the cotton at the start of the process had some degree of...

Q: Fiance works at permanent mission for United Nations. If we get married, what would his immigration status be?

1 Answer | Asked in Immigration Law, Employment Law, Family Law and International Law for New York on
Answered on Mar 7, 2018
Leonard R. Boyer's answer
Your situation requires more information and an in person consultation. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a...

Q: Is it possible to claim legal ownership over all the dark matter in this universe?

3 Answers | Asked in Contracts, Business Law, Energy, Oil and Gas and International Law for New York on
Answered on Feb 23, 2018
Michael David Siegel's answer
There is a minute of my life I'll never get back. Seriously, all space issues are governed by UN treaty, so no.

Q: Which procedural rules are most commonly used in the arbitration of international business disputes?

1 Answer | Asked in International Law for New York on
Answered on Nov 22, 2017
Richard Sternberg's answer
The most common is probably UNCITRAL, but you are out of your mind if you believe you can obtain and enforce an award for any less than $50,000 to $200,000 in filing and legal fees. Unless your deal is worth tens or hundreds of millions or unless your trade partner is as inexperienced as you are, you can easily be bluffed into losing everything once you adopt UNCITRAL as your dispute resolution mechanism. The trick is to create jurisdiction someplace useful and get contract resolution there....

Q: i have an academic question about intl law and treaties which might not have a certain answer:

1 Answer | Asked in Business Law, Constitutional Law, Environmental and International Law for New York on
Answered on Aug 9, 2017
Barry Eran Janay's answer
This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.

Q: I have a lawyer, but he practices in another country - what issues are there if he represents me over here?

2 Answers | Asked in International Law for New York on
Answered on Jul 28, 2017
Richard Sternberg's answer
He must be eligible to be admitted pro hoc vice before he can appear in a court in the US. You will need to check the relevant State's admission requirements for pro hoc vice, but NY is particularly liberal on international admissions for foreign lawyers.

Q: I'm going into a business relationship with a company overseas

2 Answers | Asked in International Law for New York on
Answered on Jul 8, 2017
Ali Shahrestani, Esq.'s answer
You can draft a contract to reflect your shared agreement re: dispute resolution. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...

Q: Does an airline have the right to charge a changing fee when the passenger is unable to fly due to medical Emergency?

1 Answer | Asked in International Law and Consumer Law for New York on
Answered on Jun 9, 2017
Richard Sternberg's answer
It is very unlikely to be a viable lawsuit. First, under recent air carriage contracts, most discounted coach tickets are non-refundable for any reason including disabilty or death. The airline' view is that you can buy travel insuranc or a full fare ticket to protect against that. If the airline resold the seat, which it almost surely did, there is a terrific argument that they mitigated their damages, and might have mad more if it was a last-minute , full-price sale, and cannot be unjustly...

Q: How do I go about hiring employees overseas? They would be consultants for my business.

1 Answer | Asked in International Law for New York on
Answered on May 26, 2017
Ali Shahrestani, Esq.'s answer
You may need to apply for visas for them. Careful about misclassifying them. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...

Q: Im a international student, Can i filled a divorce in NY with my spouse absence.

1 Answer | Asked in Divorce and International Law for New York on
Answered on Mar 24, 2017
Ali Shahrestani, Esq.'s answer
You can file a divorce if you reside in NY. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

Q: International Law: Can one country, lets say A, put rescued children from country B without their approval?

1 Answer | Asked in International Law for New York on
Answered on Feb 8, 2017
Ali Shahrestani, Esq.'s answer
Your question needs clarification. It sounds like you're asking for a research paper, and this is not the forum for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...

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