...Natural Gas Case Study University of Phoenix Natural Gas Case Study The convention on Contracts for the International Sale of Goods (hereafter CISG) was an agreement to reduce the hassle of international trade and provide a universal way to handle disputes. The benefit of international trade was unmistakable to companies across the globe; however, the complications associated with the different laws and regulations of each sovereign nation often discouraged companies from partaking in this fruitful venture. Thus, the CISG helped companies minimize the risks of international trade, by providing a uniformed code that could be applied to all international transactions. In the natural gas case, the plaintiff a German company agreed to purchase propane from the defendant, an Austrian partnership. The fact the contract was never fulfilled properly led to the German company bring forth a breach of contract lawsuit, the courts applied the CISG to determine their findings. The natural gas case, as previously stated, was between a German buyer and an Austrian seller. The buyer or plaintiff agreed to purchase propane from the seller. The seller was to have the propane shipped from its supplier in the United States to Belgium where the buyer would receive it. Due to the fact that the two parties had never done business before, the seller required the buyer to secure a letter of credit for the transaction. However, the buyer’s bank required details about the transactions, specifically...
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...more than the systematic recognition that law is always fluid, pluralistic, contested and subject to often contradictory pressures from both inside and outside its jurisdiction; that it reflects an always unstable diversity of traditions, interests, allegiances, and ultimate values and beliefs. If the comparative perspective on law was once a view of the exotic ‘legal other’ or of the ‘external relations’ of one’s own law with the law of other peoples in other lands, now it is a view of transnational legal patterns and of the cultural complexities of law at home. We live in conditions where the law of the nation-state must respond to a great plurality of demands from different population groups within its jurisdiction. At the same time, it must respond to powerful external pressures. Legal thought in national contexts is being fragmented from within in a new ‘jurisprudence of difference’…and globalized from without in demands for transnational harmonization or uniformity. (“Culture, Comparison, Community” by Roger Cotterrell) Kindly react to this statement, supporting your personal views and conclusions with research, analysis, examples and well-reasoned argumentation. I. Introduction 1 The phenomenon of ‘globalisation’, exemplified by the growing interconnectedness between nations, leads to inevitable interactions between legal systems. Roger Cotterell’s statement illuminates the myriad of overlapping concepts in comparative law that facilitates our understanding of these...
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...International Trade Law Outline Definition of ITL The Scope of ITL （调整范围） History of ITL Comparison of ITL and In. Business Law Sources of ITL( 渊源） Question How to understand the word “international law” here? What is International Law? “A rule… that has been accepted as such by the international community.” Includes :Customary international law. International treaties and agreements. General principles common to major legal systems. Public vs. Private International Law Public International Law. – Involves relationships between countries and applies “norms regarded as binding on all members of the international community” Private International Law. – Is described as conflict of laws or “domain of rights, duties, and disputes between and among persons from different places. Part I Definition 国际贸易法：调整跨越国界的货物贸易、技术贸易和服务贸易关系以及这些贸易关系有关的其他关系的法律规范和规则的总和。 (a) The body of norms and rules – Private law: governs transnational Relationships of Private Persons ( International transaction Law) e.g. the law of international sales, trade finance, licensing agreement etc. – Public law: laws that make up the legal framework within which international business takes place. e.g. the treaties of EU, GATT agreement, NAFTA (b) the scope of ITL（调整范围） Trade in goods, Trade in service，Trade in technology,other international business field Part III History of International Trade Law • Customs and usages Law • Decentralization...
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...Case Study #3: Distribution Agreement Shed some light Raynonplus is a small, family-owned eyewear business located in Ottawa, Ontario, Canada. Started by Pierre Dupuis in 1952 under the name of Visionplus, the company has been exclusively owned and operated by the Dupuis family for over 50 years. Currently, the business—a sole proprietorship—is owned and managed by Gerald Dupuis, grandson of the original entrepreneur. The Dupuis’ changed the business name in 1957 to capitalize on a trend in polarized sunglasses that swept the neighbouring French speaking province of Quebec. Traditionally, Raynonplus sold a wide range of generic and brand name eyewear including prescription lenses, contact lenses, frames and sunglasses; but no proprietary goods. After Gerard took over the business in 2004, he and his fashion designer wife Dominique introduced their own brand of sunglasses under the trademarked name of Ray à Porter. Initially, the brand was marketed as an alternative to lower end or generic prescription sunglasses. The demand for these sunglasses, fueled by the bold and unconventional styles and materials used by Dominique in her original designs, soon elevated the Ray à Porter brand into designer label market status. Customers from Quebec made up a large part of the target audience, accounting for 35 percent of sales. I wear my sunglasses… in France One of Ray à Porter’s biggest customers is Quebec pop sensation Zoé, an international superstar in the French speaking...
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...Pre-contractual negotiations Introduction Before parties contract with each other they usually start with negotiating the terms under which they wish to be bound. Such is especially the case with regard to major deals. While parties are negotiating they are in the pre-contractual stage, hence it is referred to as the pre-contractual negotiations. When doing cross boarder business, it is relevant to know what laws (being national or international) regulate the pre-contractual negotiations as legal systems differ. In negotiating with a foreign party, it is important to research the foreign country’s negotiating norms. There are numerous sources of international contract law, but the applicable law will usually be the law of the country of one of the parties or a neutral country’s law. Courts and especially arbitration tribunals often...
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...between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith Giuditta Cordero Moss∗ ∗ University of Oslo, g.c.moss@jus.uio.no Recommended Citation Giuditta Cordero Moss (2007) “International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith,” Global Jurist: Vol. 7: Iss. 1 (Advances), Article 3. Available at: http://www.bepress.com/gj/vol7/iss1/art3 Copyright c 2007 The Berkeley Electronic Press. All rights reserved. International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith∗ Giuditta Cordero Moss Abstract Most commercial contracts are nowadays written on the basis of English or American contract models, irrespective of whether the legal relationship that the contracts regulate is governed by a law belonging to a Common Law system or not. These contract models are drafted on the basis of the requirements and structure of the respective Common Law system in which they were originally meant to operate. These models may therefore be in part ineffective or parts thereof may redundant, if the governing law belongs to a Civilian system. To overcome this tension between Common and Civil Law, it is sometimes recommended to subject international contracts to non-state sources of law (also referred...
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...Distinguish between the role of Criminal Law and Civil Law in relation to the English Legal System and analyze the purpose the law is attempting to serve in this area. Nowadays, law is very important for every country all over the world. It is known as a system of rules, which every people have to obey that. The Legal system of England gets two main categories: criminal law and civil law. Firstly, Criminal law is one of the two main things of the legal system of England, which is public. Criminal law is the rule for every people who are states and citizens. The government enforces criminal law. ‘Criminal law is concerned with product of which the state disapproves so strongly that it will punish the wrongdoer’ (1, Marsh and Soulsby, 2002). This system was made for criminal or those who are suspected of committing offences. Besides that, the role of criminal law is very important. It has two main important functions. The first function is about protecting citizen. Criminal law is to maintain the social order by protecting individuals from criminal harm. For example: criminal law is protecting people to avoid murder, theft, or arson. The second function protects people from harms in society such as: unsafe foods, pollution, unsafe buildings and sites (Dobson, 1997). Moreover, it maintains and teaches social values as well as social boundaries, for example: speed limits, traffic lights, seat belts, stop signs, and turning signal. Thus, criminal law makes sure that anyone who commits...
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...LAW 3000: Business Law I 3 credit hours Spring 2012 Montreux, Switzerland Instructor: Instructor: Dr. Leonila Guglya Office location: Hotel Miramonte 202 Email: leonila.guglya@him.ch Office hours: By appointment Texts/Course materials: MARIANNE M. JENNINGS, BUSINESS: ITS LEGAL, ETHICAL, AND GLOBAL ENVIRONMENT, 9th, International Edition, South-Western, 2012. Other necessary materials (including, where applicable, law review articles, case law, international instruments and excerpts from the relevant national and regional legislation) will be prepared by the instructor and distributed via Moodle, via email or in hard copies. Please check Moodle and your email regularly for the relevant updates. Course description: The Course is aimed at introducing the students to the basic principles of law applicable to the business world emphasizing ethics, the judicial system, contracts, sales, property, agency and business organizations. Goals and Objectives: The goal of the course is to provide the basic knowledge and understanding of legal theories and practical applications of rules/laws as they pertain to the decision-making aspects of administration and professional conduct in business. As a result, upon completion of this course, the student will be able to: 1. Understand the value of legal counsel; 2. Understand the origins of various legal systems; 3. Differentiate among criminal and tort liabilities for businesses; ...
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...the fifth and fourteenth amendments. Due process rights are part of the:: Fifth Amendment. Expropriation is not: the act of state doctrine. Expropriation:: is the taking of private property by a government. Federal district courts have subject matter jurisdiction:: over criminal cases involving federal statutes. Foreign businesses conducting business within the United States:: are subject to both its civil and criminal laws. Gaining access to federal databases is a violation of the:: Federal Computer Fraud and Abuse Act. GATT is an example: of a multilateral treaty. GATT stands for the General Agreement on Tariffs and Trade, and is: an agreement among 100 countries to increase trade by reducing tariffs. 2. 25. 3. 26. 27. 28. 4. 5. 6. 7. A consent decree is comparable to: a nolo contendere plea A consent decree:: is the same as a plea of nolo contendere. A default in a lawsuit is like: a forfeit in sports. A federal district court has subject matter jurisdiction over cases in which: the United States is a party. A juror can be eliminated from a jury panel:: because one of the attorneys feels uncomfortable about the juror or his attitude. 29. 30. 31. 8. 32. 33. 9. A law that requires a review of the work of an agency and its effectiveness before the agency will be permitted...
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...Opening a Foreign Law Firm in China The Chinese government officially opened China’s doors to foreign law firms in 1992, even though there was already some foreign presence since the 1980s. This “opening” of the market was very limited and foreign law firms were still not quite sure what they could or could not do, or even what their rights were. Given the very restrictive nature of the relationship between China and its national lawyers, foreign law firms were quite cautious in their approach towards practicing law in China. A very much anticipated change was expected when China acceded in 2001 to the WTO. As a consequence, China had to, amongst other compromises, open its legal market, making it friendlier for foreign lawyers and law firms. China made several promises of radical change to the US and EU communities, but unluckily these promises fell short. In this sense, even though some improvements were made, the laws promulgated were quite disappointing for the international community, as many subjects were not clearly stipulated (very broad ideas that are not defined) and in other cases, important topics were ignored. The laws we are discussing are the: (i) Regulations on Administration of Foreign Law Firms’ Representative Offices in China, promulgated on December 22nd, 2001 and with effective date of implementation of January 1st, 2002 (the “Regulations”); and, (ii) Stipulations of the Ministry of Justice Concerning the Enforcement of the “Regulations on...
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...al The cultural, political and legal environment of international business Abstract A study of the elements of a domestic market and those of an international market may reveal many crucial differences, especially political, legal and cultural differences. For example, the "rules of the game” of business in the international market are diverse, changeable and often unclear. The international firm may have to content with different legal and ethical standards in different host countries. In this paper the parameters of the political, legal, and the cultural environment of international business will be considered, The paper also relates how political, legal, and cultural incidents or situations may become roadblocks to the smooth operation of business ventures in foreign countries. Misunderstandings and breakdown in communication often arise from differences in perception by executives who are not from the same cultural, legal and political background. International investors need to know what elements in a foreign culture have the greatest influence over consumption patterns in general and particularly the consumption behaviour to their specific product. By reflecting on the language, religion, demography, climate, values and beliefs, education, labour, roles of women, family, ethnic groups and other similar elements, the international business person will be able to, not only participate in the international economy with a better perception of the situation, but also be able...
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...COMPARATIVE LAW 2013 GROUP 6 – CLC35 1/1/2013 Role of Comparative Law to legal interpretation and application Role of Comparative Law to legal interpretation and application Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 5 II.1.1 The harmonization and unification of law 5 II.1.2 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 6 II.2 Role of Comparative Law to legal interpretation and application of law as the result of the transplants of foreign law 8 II.2.1 An overview of Legal transplant 8 II.2.2 Role of Comparative Law to legal interpretation and application of Law as the result of the transplants of foreign law 13 II.3 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 15 II.3.1 Introduction 15 II.3.2 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 16 III. Questions 17 HCMC UNIVERSITY OF LAW ADVANCED-PROGRAM CLASS COURSE 35 GROUP 6 ...
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...Batch MBA Program) COMPULSORY COURSES MBA-II Semester-IV Sub Name: - Comprehensive Project Report – Industry Defined Problem (CP-IDP) Sub Code: - 2830004 In addition to Major Specializations, there will be over sixty Sectorial / Industry Areas for Practical studies in which theoretical papers / books are not to be taught in regular classroom sessions, but the teachers and students are free to use any available books, publications and online material to understand and guide the students for various sectors. Ideally, a teacher should study and specialize in at least TWO Sectors, so four teachers can guide 60 students in a class. (Reference: Appendix 1: List of Sectorial Areas for Comprehensive Project study given in Sem III Syllabus). This report is similar to the Grand Project, which was the part of earlier syllabus. The Comprehensive Project Report is based on the research methodology and students have to prepare the research report by using appropriate scientific statistical research tools for preparation of the CP in consultation with the faculty guide. (Please also refer the Guidelines for CP in MBA Semester III, as the same Project Title continues in Semester IV). A student has to opt for any ONE of the Sectorial Areas and study it thoroughly. The students may undertake the CP based on the selection of an Industry Defined Problem (IDP), if possible for conducting his/her Project. The work of the CP report is divided in Semester -III and Semester -IV and students have to undertake...
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...SCHEME OF EXAMINATION & DETAILED SYLLABUS for BA LLB Five Year Integrated Course (w.e.f. 2008 – 2009) UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES Guru Gobind Singh Indraprastha University Kashmere Gate, Delhi – 110403 (With effect from the Academic Session 2008-2009) 1 FIVE-YEAR LAW COURSE BA LLB (H) PROGRAMME w.e.f. Academic Session 2008 – 2009 FIRST YEAR First Semester Paper Code LLB 101 BA LLB 103 BA LLB 105 LLB 107 LLB 111 BA LLB 113 BA LLB 115 SUBJECTS Legal Method History-I (Indian History) Political Science-I Law of Contract – I English and Legal Language Sociology-I (Introduction to Sociology) Economics-I (Microeconomic Analysis) Total Second Semester L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 102 BA LLB 104 LLB 110 LLB 112 SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 History – II (Legal History) Political Science – II Law of Contract – II Techniques of Communication, Client Interviewing and Counselling BA LLB 114 Environmental Studies BA LLB 116 Sociology-II (Indian Society) BA LLB 118 Economics – II (Macroeconomic Analysis) Total (With effect from the Academic Session 2008-2009) 2 SECOND YEAR Third Semester SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 201 LLB 203 LLB 205 LLB 207 LLB 209 BA LLB 213 Business Law Family Law – I Constitutional Law – I Law of Crimes – I Advocacy Skills History – III (History of Modern Europe: 1740-1947) BA LLB 215 Political Science – III Total Fourth...
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...IBUS%3100%–%TEXTBOOK%NOTES% CHAPTER%1%–%GLOBALIZATION% WHAT%IS%GLOBALIZATION?% • Globalization:+ shift% towards% a% more% integrated% and% independent% world% economy% –% away% from% distinct% national% economic%units,%towards%one%huge%global%market% Merging%of%historically%distinct%and%separate%national%markets%into%one%huge%global%marketplace% Argument%–%tastes/preferences%of%consumers%in%different%nations%beginning%to%converge%to%some%global%norm%% Standardized%products%such%as%CocaTCola,%McDonald’s%and%iPods%help%create%a%global%market%% Significant%differences%still%exist%between%national%markets%along%many%dimensions,%i.e.%tastes/preferences,%distribution% channels,%value%and%business%systems,%and%legal%regulation% Most%global%markets%–%markets%for%industrial%goods%and%materials%that%serve%universal%need% Sourcing%of%goods/services%from%locations%around%the%globe%to%take%advantage%of%national%differences%in%cost%and%quality% of%factors%of%production%+ Aim%is%to%lower%overall%cost%structure%of%an%entity%and/or%improve%quality/functionality%of%product%offering%+ Impediments% to% global% production% include% –% formal/informal% barriers% to% trade,% barriers% to% foreign% direct% investment,% transportation%costs,%and%issues%associated%with%economic%+%political%risk+ Regulation,%management,%and%policing%of%global%marketplace%necessary%as%markets%globalize%further% General+Agreement+on+Tariffs+and+Trade+(GATT):+international%treaty%that%committed%signatories%to%lower%barriers%...
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