Lawyers, Answer Questions  & Get Points Log In

New York International Law Questions & Answers

1 Answer | Asked in International Law for New York on

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

Timur Akpinar answered on Dec 29, 2018

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... Read more »

1 Answer | Asked in International Law for New York on

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

regard for laws in other countries?

Timur Akpinar answered on Oct 27, 2018

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... Read more »

1 Answer | Asked in International Law for New York on

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

court apply the other country's laws or their own?

Timur Akpinar answered on Sep 15, 2018

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... Read more »

2 Answers | Asked in International Law and Contracts for New York on

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

Richard Sternberg answered on Aug 17, 2018

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.... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Personal Injury and International Law for New York on

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

Richard Sternberg answered on Jul 24, 2018

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... Read more »

1 Answer | Asked in International Law for New York on

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

Richard Sternberg answered on Jul 6, 2018

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.... Read more »

1 Answer | Asked in International Law for New York on

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

Richard Sternberg answered on Jun 15, 2018

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... Read more »

1 Answer | Asked in Admiralty / Maritime, International Law and Criminal Law for New York on

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

Following Kiobel v Royal Dutch Petroleum (and, perhaps, Jesner v Arab Bank, PLC) do district courts still have original jurisdiction over acts of piracy committed on international waters?

Aubrey Claudius Galloway answered on Jun 14, 2018

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... Read more »

1 Answer | Asked in International Law for New York on

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

Richard Sternberg answered on Apr 14, 2018

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... Read more »

2 Answers | Asked in Business Law, International Law and Patents (Intellectual Property) for New York on

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

We mail material to Japan, they apply a process and mail it back to us to continue the development. The material has no commercial value either way as multiple processes are required after we receive it back from Japan. We are developing an OEM part for analytical instrumentation.

Kevin E. Flynn answered on Mar 19, 2018

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...
Read more »

View More Answers

1 Answer | Asked in Immigration Law, Employment Law, Family Law and International Law for New York on

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

He is originally from out of country. He's on a 3 year service here in the US. His service will expire end of next year and he would have to go back to his country. If we marry by this year, would he still be eligible to work for the UN and still get an american green card? He currently holds a... Read more »

Leonard R. Boyer answered on Mar 7, 2018

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... Read more »

3 Answers | Asked in Contracts, Business Law, Energy, Oil and Gas and International Law for New York on

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

I know I'm going to sound crazy on this one. I have been seeing a lot of celebrities buying acres of land on the moon, and it got me wondering if there is any possible way for one entity - albeit a company or a country - to claim ownership over all the dark matter/energy in this universe? Can there... Read more »

Michael David Siegel answered on Feb 23, 2018

There is a minute of my life I'll never get back. Seriously, all space issues are governed by UN treaty, so no.

View More Answers

1 Answer | Asked in International Law for New York on

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

Richard Sternberg answered on Nov 22, 2017

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,... Read more »

1 Answer | Asked in Business Law, Constitutional Law, Environmental and International Law for New York on

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

As we know intl law and treaties have been created so as to regulate relation between intl community members(countries and intl organization) ,through which they would be able to achieve golas that have been conceived in different treaties and documents such as Un charter , environmental agreements... Read more »

Barry Eran Janay answered on Aug 9, 2017

This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.

2 Answers | Asked in International Law for New York on

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

Richard Sternberg answered on Jul 28, 2017

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.

View More Answers

2 Answers | Asked in International Law for New York on

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

- I'd like any dispute to be resolved through arbitration - do we do that through an international organization or can we do it in the US?

Ali Shahrestani, Esq. answered on Jul 8, 2017

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,... Read more »

View More Answers

1 Answer | Asked in International Law and Consumer Law for New York on

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

I recently was overseas in central america, where I was bitten by a stray dog. Due to the incident I had to stay two extra days (under doctor observation & rabies shots). When I arrived to the airport they made me pay a fee for changing my flight date and they also refused to look at the medical... Read more »

Richard Sternberg answered on Jun 9, 2017

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... Read more »

1 Answer | Asked in International Law for New York on

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

Ali Shahrestani, Esq. answered on May 26, 2017

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... Read more »

1 Answer | Asked in Divorce and International Law for New York on

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

I tried to bring her in USA several times, but she didn't get the visa. So we both agreed to get separate.

Ali Shahrestani, Esq. answered on Mar 24, 2017

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... Read more »

1 Answer | Asked in International Law for New York on

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

Please provide sources (treaties, conventions, etc) as well with the answer. Thanks

Ali Shahrestani, Esq. answered on Feb 8, 2017

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.