Glen V. Club Mediteranee Case Analysis
Unit VI Assessment Briefing Papers
By Amy L Walker
BBA 3210 13M 1B15 S2 Business Law
Columbia Southern University
Dr. George Ackerman
Briefing Paper 1: Critical Legal Thinking
A state doctrine is “a doctrine which states that judges of one country cannot question the validity of an act committed by another country within that other country’s borders. It is based on the principle that a country has absolute authority over what transpires within its own territory” (Cheeseman, 2013). In the case of Glen v. Club Mediteranee, S.A. this means that because the incident of Cuba’s expropriating the Glen’s beachfront property to Club Mediteranee, S. A. to build their facility and then not paying the Glen’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 “question the validity of an act committed by another country” (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 Glen’s beachfront property without establishing a contract or making payment to the Glen’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 - OECD. (2014.).
Retrieved from
http://www.oecd.org/investment/toolkit/policyareas/investmentpolicy/expropriationlawsandreviewprocesses.htm
By Amy L Walker
BBA 3210 13M 1B15 S2 Business Law
Columbia Southern University
Dr. George Ackerman
Briefing Paper 1: Critical Legal Thinking
A state doctrine is “a doctrine which states that judges of one country cannot question the validity of an act committed by another country within that other country’s borders. It is based on the principle that a country has absolute authority over what transpires within its own territory” (Cheeseman, 2013). In the case of Glen v. Club Mediteranee, S.A. this means that because the incident of Cuba’s expropriating the Glen’s beachfront property to Club Mediteranee, S. A. to build their facility and then not paying the Glen’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 “question the validity of an act committed by another country” (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 Glen’s beachfront property without establishing a contract or making payment to the Glen’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 - OECD. (2014.).
Retrieved from
http://www.oecd.org/investment/toolkit/policyareas/investmentpolicy/expropriationlawsandreviewprocesses.htm