International Law and Global Market
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Bus 311 Business Law
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In this research paper, I will talk about International Laws and the Global Market. We will define International laws and its power. Questions like why are there international laws also will be answer. Who creates International laws and who enforces them? Are they really necessary? All this questions will be answer and explained.
We will also talk about the Global Market. The effects that international laws have on the Global market will also be discussed. What constitute the Global Market? Who controls it and how do we keep it from collapsing? America as a country plays a big part on the Global Market; we will discuss the effect of our economy in it.

Sources of International Laws * What is International Law?
We all know that the law exist and can be applied to everyone. If a person enters into a legal agreement and that agreement is broken then the party that is breaking the agreement can be sued. There are penalties or punishment for anyone who breaks the laws that our judicial system has established.
It can definitely be easier to deal with problems and laws when they are in our own country. It is a reality that our country deals with other countries when it comes to buying products. It is also a reality that we can’t just disregard other countries laws. When it comes to dealing with two countries involve, we need international laws. International laws are the laws that we must obey when dealing with other countries. It is imperative that we follow them and also exercise good ethics. * Why must we have International Laws?
International laws are a necessity to society. Without international laws many countries economy can suffer. It would be the Wild West. The laws protect the best interest of each country using good moral ethics and agreements between countries.
Let’s go back to the Roman times and even further when international laws were new or none existent. Back in those times there were wars and pirates. There was no control in what can come in or go out of a country. What if a country is providing must of the resources to another putting many out of work? We all remember the Tea Party and taxation without representation.
We need control and rules to go by. International laws are created to protect each country interest and infrastructure. Without the international laws we would be living in place of disarray and confusion. These laws give countries a moral guide. * Who creates International Laws?
In reality there is no one powerful enough organization that creates all international laws. There are organizations created by countries that come together to better served the public and exercise international laws. NATO is one of them and a very popular one. The EU formed by European countries established laws to be followed in Europe.
Countries create many agreements between them and those agreements are laws to be followed. The United States entered into an agreement with North American countries called NAFTA. The GAAT is also an agreement that most countries in the Americas follow. All this laws are created by agreements between countries and no international laws could be created by one entity alone.

International Organizations

* The role of NATO.
NATO is a political and military alliance of 28 North American and European countries, bound by shared democratic values that have joined together to best pursue security and defense. Founded in 1949, NATO played a unique role in maintaining stability and security in the trans-Atlantic area during the Cold War. Since the end of the Cold War the Alliance has transformed itself to meet the security challenges of the new century, continuing with adoption of a new NATO Strategic Concept at the Lisbon NATO Summit in 2010. Today, NATO’s operations include leading the International Security Assistance Force (ISAF) mission in Afghanistan, ensuring a safe and secure environment in Kosovo through the KFOR mission, and contributing to international counter-piracy efforts off the Horn of Africa through Operation Ocean Shield. In 2011, NATO successfully carried out the UN-mandated mission in Libya to protect civilians, enforce a no-fly zone, and enforce a maritime arms embargo. NATO has also provided airlift and sealift support to the African Union (AU) missions in Somalia and Sudan, has engaged in a number of humanitarian relief operations in recent years, including delivery of over 100 tons of supplies from Europe to the United States following Hurricane Katrina, and leads the counterterrorism Operation Active Endeavor in the Mediterranean Sea.
Recognizing that the security challenges Allies face often emerge beyond Europe, NATO has become the hub of a global security network, establishing partnerships with over thirty countries. These ties provide opportunities for practical military cooperation and political dialogue. Partners have contributed significantly to NATO operations in Afghanistan, Kosovo, Iraq, and Libya. * Comity The principle of comity means that a nation will defer to and give effect to the laws and judicial rulings of another country, to the extent thatthey are consistent with the law and public policy of the accommodating nation (Rogers2012). It was created to have a level plain field in international laws. Comity is more about ethical behavior than anything else. * Sovereign Immunity.
Sovereign Immunity is the idea that the sovereign or government is immune from lawsuits or other legal actions except when it consents to them. Historically, this was an absolute doctrinal position that held Federal, state, and local government’s immune from tort liability arising from the activities of government. These days, the application of sovereign immunity is much less clear-cut, as different governments have waived liability in differing degrees under differing circumstances.
Sovereign immunity is treated in two places in the US Constitution. Article III, Section 2 is applicable to questions involving the immunity of Federal officials from lawsuits, suits against the Federal government by a state and vice versa, and suits against the Federal government generally. The division of power between various possible sovereigns -- the state and Federal governments -- is dealt with by the Eleventh Amendment, which discusses suits between states, between states and the Federal government, and so-called diversity cases between citizens in different states. The issues are complex, and the line of Supreme Court decisions in this area is confusing and contradictory.
The Federal Tort Claims Act is the principal means by which the Federal government has waived its own liability from sovereign immunity.
Importing and Exporting * Export.
Export is the selling of US good to outside nations. Before exports happen, the companies have to obey international laws. Companies must also have the necessary permits and documentations to do it.
Export is in many countries the sustainment of the economy. In the Middle East the export of oil is the heart of the economy. * Import.
Import is the buying of goods from outside nations. Much like exports companies must have the right permits and documentations to import. US is one of the biggest importers of oil and other products in the world. * Dumping. Dumping refers to a foreign company selling its goods in the United States at costs than fair value, usually in an attempt to dominate themarket and be able to raise prices in the long run. There are laws against this. Dumping can create monopolies which are illegal in the US. It could also create unemployment due to the reduce price of their products and companies would be force to close. International Business Contracts * Bribes
Bribery in business is illegal, just as it is in government and public organizations. A business bribe typically occurs when a company or representative gives money or financial considerations to another person, business or public official to gain favor or to manipulate business decisions of partners, suppliers or buyers.
Bribery goes against the basic philosophy of the U.S. free enterprise system, which is to let the best company when in competitive business scenarios. Having the best product, best service, lowest cost or best management are ways you can succeed. Kickbacks, reciprocity and so-called "under the table" money are examples of bribery. Punishments for bribery vary based on the nature of the activity, federal and state laws and the significance. The Anti-Kickback Act of 1986 places penalties of $5,000 in fines and up to five years in prison on government contractors for giving or accepting bribes. You and your business face both civil and criminal charges if you commit bribery. * Grease payment.
Grease payment is money that is paid to an official to facilitate the rapid processing of bureaucratic paperwork. Such a payment is known as grease or facilitating payment and the legality of such payments varies, depending on the laws that govern the activities of the official and the person or company offering the payment. Some people consider these payments to be a form of bribery, since they involve offering money to a public official with an expectation of a result, while others argue that they are only used to expedite a task that will be performed anyway, whether or not funds are offered. As such, it is simply a cost of doing business in some parts of the world.
As a general rule, grease money is offered to an official to speed the process of what is known as a “nondiscretionary task.” In other words, the task will be performed eventually, because it is part of the official's job description, but the process could be dragged out over a period of weeks or even months. The payment is offered to rush the process through.

Environment and International Laws * EPA
Because of the concern about environmental pollution, EPA was established on December 2, 1970 to consolidate in one agency a variety of federal research, monitoring, standard-setting and enforcement activities to ensure environmental protection. Since its inception, EPA has been working for a cleaner, healthier environment for the American people. * Cap and Trade
Cap and trade is the most environmentally and economically sensible approach to controlling greenhouse gas emissions, the primary driver of global warming.
The "cap" sets a limit on emissions, which is lowered over time to reduce the amount of pollutants released into the atmosphere.
The "trade" creates a market for carbon allowances, helping companies innovate in order to meet, or come in under, their allocated limit. The less they emit, the less they pay, so it is in their economic incentive to pollute less.

* Pollution.
Pollution is the introduction of a contaminant into the environment. It is created mostly by human actions, but can also be a result of natural disasters. Pollution has a detrimental effect on any living organism in an environment, making it virtually impossible to sustain life.
Every year in the U.S. factories release over 3 million tons of toxic chemicals into the land, air and water. This hazardous waste causes us to lose over 15 million acres of land every year, it leads to respiratory complications and other health problems and it makes our rivers and lakes too polluted for us to swim in and drink.
But factories are only part of the problem of pollution. Pollution is caused by industrial and commercial waste, agriculture practices, everyday human activities and most notably, modes of transportation. No matter where you go and what you do, there are remnants of pollution (www.greenstudent.com).

Global Market * Who controls the global Market?
This can be a tricky question. Not one nation has dominion on all the products. It is true that the US has the best economy but that that does not mean that we control the global market.
India controls the global market in spices. China controls the global market in technology and so on.

* Reasons for having a global Market.

The global market is a necessity now a day. There are places in the world that cannot produce certain products and depend on other nations to provide them with the needed products. Global market also helps the growth of any nation.

* What is the global Market?
The global market is composed by all nations that are actively importing and exporting. The market is not composed of only one product but by all the products being sold around the world. At the moment the Oil is the most dominant product in the world.
It is the product that all nations buy the most. After the oil, coffee is the second most consume in the world. The global market is a change with all the countries and what affect one might affect another.

US and Involvement on International Law * What role should the US play?
International law is simply the set of rules that countries follow in dealing with each other. There are three distinct legal processes that can be indentified in International Law that include Public International Law (The relationship between sovereign states and international entities such as International Criminal Court), Private International Law (Addressing questions of jurisdiction in conflict), and Supranational Law (The set of collective laws that sovereign states voluntarily yield to). The US is one of the original members of NATO and also has treaties with many other nations to respect each other’s privacy and laws. The US is always a helping hand in times of needs when other nations need them. * Must they take action every time?
The US is highly considered the police of the world and will always be criticized if we take actions or not. As the leader of the free world and the world’s 1st power it is the US duty to help and intervene when necessary. If it was not because of the US many nations would have been conquer or slaved because of tyrants and mad hungry for power man. * What is the US view as when it comes to International laws?
Even if the world will not admit to it, the US is big brother. Like the saying says big brother is always watching. We patrol and keep world peace regardless of what anyone’s says.
Kuwait and Iraq are examples of nations that are grateful there is a United States. Any nation can always count on the US as long as it follows rules and international laws. The US is view as allied of nations.

In 2000, members of United StudentsAgainst Sweatshops protest outside theNiketown store in New York.
It is sad to say but many important and rich companies have made their fortune in the back of child labor. Many other companies have use sweatshops as this the case in the article. Nike the riches sneakers company in the world used sweatshops to mass produce their expensive sneakers in the past. Thanks to new labor laws and governments cracking down on these companies things are changing.
Before the protest that prompted Nike to take actions and not use sweatshops anymore there were not many laws that could prevent this from happening. Child labor and sweatshops were common not only in Nike’s warehouses but other companies as well. Thank to child labor laws and laws that protect human rights and labor the working conditions have drastically improved for many workers.
Tina Fineberg/Associated Press
This article brings the cruel truth about some US companies that try save money at all cost by going elsewhere. Great article to bring to the light the truth about million dollar companies

My main point here is to have the reader have a better understanding on International Laws and the Global Market. Many of us have never heard of such things. Some of us have heard but really don’t know what it entails.
I would like for the reader to be aware that there is a whole new set of laws and organizations that enforces them. Hopefully by the end of the paper the most important questions would be answer.

References:
Rogers, S. (2012). Essentials of Business Law. San Diego, CA: Bridgepoint Education, Inc.
John P Grant Professor of Law at Lewis & Clark Law School, Portland, Oregon, International Laws Essentials.
Grant, John P.. Dundee : Dundee University Press, 2010. 01/01/2010 xvi, International law
Noortmann, Math. Aldershot, Hants, England ; Burlington, VT : Ashgate, c2005. 01/01/2005 , Enforcing International law.
Arnett, George W., III. Hoboken, N.J. : John Wiley & Sons, 2011. 01/01/2011 xvii, 174 p, Global security Market
Obstfeld, Maurice. Cambridge, UK ; New York : Cambridge University Press, 2004. 01/01/2004 xviii, 354 p. Global Capital Market www.law.cornell.edu www.edf.org www.greenstudent.com ..