...International Legal and Ethical Issues Lori Hall LAW/421 December 18, 2012 Corey Frost International Legal and Ethical Issues When one company decides to take legal action against a foreign business partner in another company it is important to not only have an understanding of their local laws but also cultural differences, customs, and language barriers. All of these items could present possible barriers to resolving legal disputes associated with international transactions. Any company doing business abroad must be mindful of the pitfalls of international business, ensuring that the contract entered into is legally enforceable, the contract must protect the company’s interests in the foreign country against all eventualities, knowing that possible disagreements and disputes are common in the international trade arena. This paper will outline the legal, ethical, and cultural issues of doing business abroad. Issues Involved In Resolving Legal Disputes First, business contracts must clearly specify which laws will govern the business decisions that will be made, whether it is American law, local country laws, or popular international convention. One should note that international laws are broad terms establishing a series of customs that countries and businesses agree to adhere to when dealing with each other and that international laws are binding; however, largely based on reciprocal behavior rather than legal sanctions (Melvin, 2011). Some issues involved in...
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...International Law and Global Market Name Bus 311 Business Law Instructor Date 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...
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...Addressing International Legal and Ethical Issues LAW/421 December 18, 2013 Addressing International Legal and Ethical Issues International legal and ethical issues are extremely important to know how to deal with when you are going to join into or do business in any other country other than the U.S. In this stimulation of CadMex Pharma and Gentura, they are facing several international contracts, transactions, ethical issues and sublicensing agreements. CadMes Pharma is a pharmaceutical company in the U.S. who offer quick manufacturing techniques and has dealt with global issues often. Gentra is a biotech company in the country of Canodre which have the licensing rights to a hypothetical anti diabetic drug. CadMex Pharma’s goal is to grow financially by being able to distribute and supply this medicine for Gentra in the U.S. All countries have their own set of laws and ethics that are required to be followed, unless you have a contract in place with the company or country that you are involved in business. * What are the issues involved in resolving legal disputes in international transactions? Making a choice on which way to handle these transactions are vital, when dealing with international disputes. One choice is the Contracts for International Sale of Goods. This is not very effective because Canodre changed status and became part of the WTO. When one of the parties is not a signatory of this program, then the other party is more likely to use their...
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...RODNEY E. HAYS LAW 421 ADDRESSING INTERNATIONAL LEGAL AND ETHICAL ISSUES AUGUST 7, 2014 KEVIN MINCHEY Addressing International Legal and Ethical Issues Simulation Summary 1. What are the issues involved in resolving legal disputes in international transactions? In a standard legal dispute involving from an international trade transaction, it is foreseeable that an issue in the jurisdiction of private international law might arise. Each country conducting transactions needs to be aware of all legislations and international laws. Whether any foreign judgment obtained abroad might be enforceable in the home country. All companies conducting international transactions aboard should know what jurisdiction to try the dispute. They should know which country’s laws are applied to resolve all issues with the international transaction 2. What are some practical considerations of taking legal action against a foreign business partner based in another country? What any business needs to consider is the laws of the country they are thinking of doing business in. A U.S Company has to remember, a law in the U.S. is not the same law in another country. Should a law be broken, it may not be enforceable in another country as it can be enforced in the U.S. Even though, a contract is binding agreement, it is only binding if the law agrees. 3. What factors could work against CadMex's decision to grant sublicensing...
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...Addressing International Legal and Ethical Issues Simulation Summary LAW/421 August 31, 2015 Addressing International Legal and Ethical Issues Simulation Summary There are a few issues that must be considered in determining the best way to resolve legal disputes in an international transaction. Change in legislation, international laws and cultural difference are among the issues to consider. An issue that must be considered is how the contract was set up. If the company chose the wrong type of law when setting up the contract, then the company will not be protecting itself legally. Another issue to consider is what process would be used to resolve the dispute. Litigation, arbitration or some other alternative option that will best benefit the organization. Litigation in international courts has a low rate of success, and there is no governing body to enforce the ruling. Some practical consideration for taking legal action against a foreign business partner that is base in another country are ethical. Working condition that would be accepted in an undeveloped country would not be not be accepted in a developed nation. Miss treatment of employees is an issue that a business partner could take legal action another. Employees have a right that need to be also protected how a partner treat their employees reflect on the company as a whole. If granting the sublicensing agreement would hurt the firm in a country, then the government may not allow the agreement to take...
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...THE INTERNATIONAL POLITICAL LEGAL ENVIRONMENT THE POLITICAL ENVIRONMENT International marketing activities take place within the political environment of government institutions, political parties and organizations through which a country’s peoples and rulers exercise power. Each nation has its own political culture, which reflects the relative importance of the government and legal system and provides a context within which individuals and corporations undertake their businesses. Any company doing business outside its home country should carefully study the political culture in the target market. The political culture requires the firm to understand the following: 1. Political risk analysis 2. Indicators of political instability 3. Attitudes of nationals 4. Policies of the host government 5. Management and measurement of political risks 1) POLITICAL RISK ANALYSIS International marketers face a number of political risks. The many risks posed by the host government might include: i) Confiscation ii) Expropriation iii) Nationalization iv) Domestication v) Creeping expropriation a. General instability risk b. Operation risk c. Transfer risk Confiscation is the process of a government taking ownership of a property without compensation. For example the government of Zimbabwe recently confiscated the property of white farmers under the reign of President Mugabe without any compensation or room for legal...
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...Precision Part Inc. is looking to do business with other international companies. One of the countries that Precision part is interesting in is Germany. In order to do business in Germany, it is important to understand their business ethics and laws. By understanding the law at hand, it would give Precision Part Inc. a better understanding on how Germany conduct business and also to make sure the company is ethical. A few international countries believe in corruption. Corruption can consist of bribery and nepotism. Bribery is more common in underdeveloped countries that are looking for additional income to bring in. Bribes are expected in many countries, the United States’ 1977 Foreign Corrupt Practices Act prohibits payments made to foreign government officials with the aim of gaining or maintaining business (Here Comes the Bribe). The Foreign Corrupt Practices Act was updated in 1998 after bribery was banned from Germany. Now the Foreign Corrupt Practices Act applies to foreign firms and persons who cause an act in making such a corrupt payment within the United States territory (Foreign Corrupt Practices Act). Bribery is another way of saying extorting money from someone. Bribery is when money or something value is promised to, given to, or taken form an individual or company in attempt to sway someone decisions. Nepotism is more of a government corruption. Government will use their powers for dishonest gains or illegal means. German engineering conglomerate Siemens...
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...International Legal and Ethical Issues Simulation Albert Weyant LAW/421 November 11, 2012 Taleed El-Sabawi International Legal and Ethical Issues Simulation The risk of legal disputes, between companies, during international transactions occurs frequently. Companies involved with international transactions must be certain that contracts between companies and countries are legally enforceable, or binding. Legally binding contracts offer a sense of security to the companies involved and minimize risks of legal disputes regarding the subject matter of the contracts. If a company must take legal action against a business partner located in a different country, it would be practical for the company to decide on the type of law clauses used during contract negotiations. As indicated in the succeeding simulation example, some law clauses support both domestic and foreign governments. There are other law clauses that are not supported. In University of Phoenix simulation (2012), a U.S. based company, CadMex Pharma, is entering contractual agreements with Gentura, a biotechnology-based company located in Southeast Asia called, Candore. CadMex Pharma is a global leader in pharmaceutical and health care development and shows interest in an anti-diabetes drug called ProPrez, which Gentura has created. The contract would license CadMex Pharma’s technology and expertise to Gentura and CadMex Pharma would gain the global marketing rights to ProPrez. ...
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...Addressing International and Ethical Issues Stimulation Summary Michelle Straughter LAW/421 November 18, 2012 Corey Foster Companies should be aware of possible pitfalls of the international business arena. Disagreements and disputes are common in international trade. Ethical issues are precisely complex when setting certain standards in international businesses. Different nations establish their standards by expanding countries. In this stimulation summary addressing international legal and ethical issues this discussion will explain how the issues resolve legal disputes and international transactions. Describing some particular considerations of taking legal action against foreign business based in another country. What factors that works against CadMex decisions to grant sublicensing agreements. When the local customs and laws conflict with customs, laws conflict with customs, and laws of an organization operating abroad, in which should be prevail. Compare the issues in the simulation to the domestic legal issues, and how the companies should resolve domestic and international issues differently. History of CadMex Pharma and Gentura CadMex Pharma is a pharmaceutical company based in Tampa, Florida. These products are produced in 127 countries across the world. The company researches in developing drugs and manufacturing techniques. Gentura is a biotechnology company based in Candore, in which a small developing country on a high on high-growth curve. The company has evolved...
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...Arbitration International Law Claire Hunkin One of the first questions that you need to determine, after reaching the conclusion that your dispute is subject to arbitration, is what law will control the procedural elements of the arbitration. Which direction the determination takes is largely dependent on how carefully the contract was drafted. The world that we are living in is nothing compared to what it was 20 years ago. With all the new technologies and innovations mankind is discovering our world is never and will never stay the same. The same mind set applies to law, rather its statewide, nationwide or internationally. Arbitration can be used in just about anything, for example, a lawyer use it for their client agreement, employers use it in contracts with employees, land lords use arbitration for tenant-landlord agreements and companies obtain arbitration clause when they’re planning on expanding or merging with a different company. Unlike a judicial process, arbitration is conducted outside the court system by impartial arbitrators who are selected by the parties based on criteria that best fits the nature of the contract. There are advantages of having arbitration over litigation. Some of the few advantages are impartiality of decision makers, confidentiality, and expense. In arbitration, the disputing parties have the option to choose its panel members as opposed to litigation. Arbitration proceedings and awards are normally made private, where litigation proceedings...
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...Which lawmakers have jurisdiction over actions taking place on the internet? 2 It’s a new world, an electronic world, a world in which laws are being made and broken on the world wide web. The questions at hand are: who should have control over creating and enforcing these laws on the internet? Who should be held accountable? In the 21st century, countries reserve the right to pass legislation upon their government’s discretion, however, there is a community of nations, aptly named the United Nations (UN), that have created a universal commission which defines the legal responsibilities of states in their treatment of individuals within their borders. This is named the International Law Commission. The International Law Commission sets out guidelines and regulations for member states to follow, however, the commission is just a guideline, meaning that each country has the right to prosecute criminals within their border upon their discretion. The nature of illegal internet activity is based around anonymity, a person may use several servers based in various countries around the world in order to hide their IP address and origin, a method called “bouncing your IP address”. It is oftentimes impossible to track the location of these criminals, which raises an issue of countries potentially overstepping their jurisdiction when investigating an international cybercrime. Another issue is that the participation of multiple countries’ cybercrimes units may cause political...
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...International Legal and Ethical Issues Simulation The risk of legal disputes, between companies, during international transactions occurs frequently. Companies involved with international transactions must be certain that contracts between companies and countries are legally enforceable, or binding. Legally binding contracts offer a sense of security to the companies involved and minimize risks of legal disputes regarding the subject matter of the contracts. If a company must take legal action against a business partner located in a different country, it would be practical for the company to decide on the type of law clauses to be used during contract negotiations. As indicated in the succeeding simulation example, some law clauses are supported by both domestic and foreign governments and others are not supported. In University of Phoenix simulation (2012), a U.S. based company, CadMex Pharma, is entering contractual agreements with Gentura, a biotechnology-based company located in Southeast Asia called, Candore. CadMex Pharma is a global leader in pharmaceutical and health care development and is interested in an anti-diabetes drug called ProPrez, which was created by Gentura. The contract would license CadMex Pharma’s technology and expertise to Gentura and CadMex Pharma would gain the global marketing rights to ProPrez. To avoid any legal disputes, CadMex Pharma would be wise to employ the Candorean Regulations for Technology Import Contracts (CRTIC) as the choice...
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...International Legal and Ethical Issues LAW/421 International Legal and Ethical Issues Addressing international and legal issues can bring about large implications for both companies. It is advisable to have a distinct contract drawn up to protect the rights of the companies especially when seeking technology licensing. Different legal and ethical issues arise when setting up international partnership. One should take into consideration the customs of the business they are trying to complete transactions with. As Melvin (2011) states: International law has traditionally been defined in very broad terms and not limited simply to rules that are applied to settle disputes in court. Rather, international law is influenced by a combination of law, religious tenets, and diplomatic relations between nations. (p. 262, para. 1) International organizations help to define the development of international law (Melvin, 2011, p. 634). These international organizations are structured through several areas of multinational representation which are regulated and created by treaties. Some of these areas are the well-known United Nations and the U.N. Commission on International Trade Law which devised the creation of the Convention of Contracts for the International Sale of Goods (CISG). This is generally the most popular among international organizations. However, each organization must also keep in consideration certain policies, such as one others political situation, cultural issues...
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...projected annual earnings of $46 million. The company is wholly owned by Riordan Industries, a Fortune 1000 enterprise with revenues in excess of $1 billion. Its product include plastic beverage containers produced at its plant in Albany, Georgia, custom plastic parts produced at its plant in Pontiac, Michigan, and plastic fan parts produced at its facilities in Hangzhou, China. The company’s research and development is done at the corporate headquarters in San Jose. Riordan’s major customers are automotive parts manufactures, aircraft manufacturers, the Department of Defense, beverage makers and bottlers, and appliance manufactures. (University of Phoenix 2011) Corporate Compliance Overview Riordan Manufacturing has created a Corporate Compliance Plan customized to the organization’s specialized field of plastic designs. Riordan is committed to managing and operating the organization programs with the utmost degree of business, ethical and moral principals. Employee expectations are maintain an innovative and team oriented working environment by assuring that the employees are well informed and properly supported, the company will provide a climate focused on the long-term viability of the company. Management contributes to achieve these standards by demonstrating leadership; integrity and being a role model to employees to promote an environment which compliance and ethical business practices are expected. The company will strive to customer relationships to be...
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...Chapter 07 The International Legal Environment: Playing by the Rules True / False Questions 1. | The form of law found in the United States and England is classified as civil or code law. True False | 2. | The form of law found in Germany, France, and Japan is called civil or code law. True False | 3. | Common law is based on an all-inclusive system of written rules of law. True False | 4. | Under code law, the legal system is generally divided into three separate codes: commercial, civil, and criminal. True False | 5. | Islamic law prescribes specific patterns of social and economic behavior for all individuals. True False | 6. | Code law prohibits the receipt and payment of interest on loans. True False | 7. | In Marxist–socialist societies, law is subordinate to prevailing economic conditions. True False | 8. | The World Court can settle disputes between a company and a government. True False | 9. | When dealing with foreign countries, a marketer should refer to “international commercial law” for guidance. True False | 10. | Disputes relating to commercial transactions must be settled in courts and cannot be settled informally. True False | 11. | The statements made by the parties during conciliation may be used as evidence in the subsequent litigation. True False | 12. | If conciliation is not used to settle a difference...
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