Free Essay

Legal Aspects of International Trade

In:

Submitted By harishvk91
Words 752
Pages 4
* International law * The new millennium * International vs. national * Codification * Natural law * Sovereignty * International conflict
Sources of international law * Judicial decisions and the teachings of the most qualified publicists in the various nations * International conventions * International customs as evidence of a general practice accepted as law * General principles recognized by civilized nations
International treaties and conventions Treaties | Conventions | Considered more serious in scope and function than conventions (for example, peace treaties and border treaties) | Sponsored by an international organization | Must be ratified by the states involved | Negotiated issues are often included in the title |
International customs
General practices are accepted as law: * Majority of world states recognize the authority of international customs * Must provide evidence of general practice * Accepted as law even if they are not codified (if practiced consistently over time by a majority of world states and if the custom is based in universal morality)
General principles of law * What general principles are recognized by all legal systems? * Natural justice * Due process
Subsidiary and other sources of international law * Subsidiary Sources * Judicial decisions * Juristic writings * Other Sources * Arbitration * Acts of international organizations * National legislation * Uniform laws and codes of conduct
Subjects of international law * Primary subjects * States * International organizations * Regional organizations * Secondary subjects * Multinational corporations * Individuals * International civil society organizations * International non-governmental organizations (NGOs)

Major branches of international law Public international law | International environmental law | International criminal law | International economic law | International space and aviation law | International human rights law | International maritime law | International humanitarian law | International intellectual property law | International diplomatic and consular law | |

Private international law | Conflict of rules | International commercial arbitration law | International sale of goods | Special issues of private international law |
Harmonizing international business laws
The role of international organizations: * Manage and govern international trade * Open borders * Modernize customary exchanges * Reduce trade barriers Three major rules originally established | Tariffs and the binding concessions rule | The most-favored-nation rule | The national treatment rule |
The GATT
Provides trade rules and a forum for members to discuss and address trade issues

World Trade Organization Role and responsibilities | A place where member governments go to try to sort out the trade problems they face with each other | A set of rules, contracts and agreements binding governments to keep their trade policies within agreed limits | A harmonious way to settle trade differences through neutral procedures based on an agreed legal foundation |
UNIDROIT
International Institute for the Unification of Private Law * Independent, international organization * Studies the needs and methods for modernizing and private and commercial law * Works between states and groups of states
UNCITRAL
United Nations Commission on International Trade Law * Helps to overcome disparities in national laws governing international trade obstacles
ICC International Chamber of Commerce * Paris-based industry group * Attempts to harmonize private international law * Plays a major role as an arbitration institution * Works in tandem with the U.N. * Codifying international contract terms: Incoterms
Additional organizations
Hague Conference on Private International Law
Organization for the Harmonization of Business Law in Africa
CDIP (Committee on Development and Intellectual Property)
World legal systems
Common law * Developed out of the British legal tradition * Often referred to as “judge made law” * Many areas are not codified or legislated * Important to the U.S., Australia, Canada, Singapore and Hong Kong
Civil law * Legal systems that base rulings on existing or codified law * System is supported by a code that contains important legal principles used as the starting point for * legal analysis * conclusive statements * Imposes more constraints on judges than common law
Shari’a law * Islamic legal system derived from the Qur’an * Practiced in Saudi Arabia, Iran, Pakistan and northern Sudan * Prohibits unearned or unjustified profit
Asian legal systems * Similar to civil code * Previous decisions can be persuasive in court but are not binding * Legal agreements are thought to be a form of general understanding that can be modified * Based on a value of flexibility
Major court systems * First Instance or Trial court * Court of Appeal or Second Level Court * Supreme Court or High Court
Canada’s common law system

Japan’s civil law system->
Legislation and case law
Contract law
System of rules and procedures that governs the creation, validity, interpretation and enforceability of rights and obligations that have been voluntarily assumed
Tort law
Standards of conduct and obligations that are created by society in general
International treaties
Effective in countries only when implemented through legislation (at a federal or provincial level)
Human rights
Values that govern human freedom and dignity that are codified in a nation’s constitution or in treaties with other states

Similar Documents

Premium Essay

Environmental Factors

...companies are making the step into the international market. Though risks are associated with this opportunity, the rewards can surpass the risks that are associated with it. When a company decides to join the international market there are many things that they need to keep in mind, including their marketing strategy and the environmental factors that are associated with the move. Throughout this composition, the environmental factors of the global and domestic markets will be evaluated, and Apple, Inc. will be used as an example of the global markets. Environmental Factors The global market has many environmental factors that need to be taken into consideration, both before a company enters into the global market and on a daily basis while conducting business. Domestically and globally, marketing decisions must take into consideration many factors. The international trade system is one aspect of international trade that must be looked into. Tariffs are used often in foreign markets to charge a tax on imported products. Though there are some forces to help with international trade, companies still must evaluate all aspects. The General Agreement on Tariffs and Trade (GATT) helps to “promote world trade by reducing tariffs and other international trade barriers” (Kotler, P. & Keller, K.L., 2009, pg 453, para 3). The World Trade Organization (WTO) was put in place to regulate and monitor the regulations of the GATT. Another aspect that companies must evaluate is the economy...

Words: 1481 - Pages: 6

Premium Essay

Legal Risks in Emerging Markets

...Westminster International University in Tashkent International Aspects of Business Law 2012 - 2013 Legal Risks in Emerging Markets – Evaluation and Mitigation Legal Risks in Emerging Markets – Evaluation and Mitigation Student’s ID number | 000090 | Module name | International Aspects of Business Law | Module code | 6241170 | Tutor | Eldor Mannopov | Individual assignment | x | Group assignment | | Submission deadline | 13 March, 2013 | For Academic Registrar use only | TABLE OF CONTENTS: INTRODUCTION 3 DEFINING LEGAL RISK LEGAL RISKS IN INTERNATIONAL TRADE LEGAL RISKS COUNTRY PROFILES 4 - MALAYSIA - THAILAND 5 - VIETNAM 7 - CAMBODIA 8 CONCLUSION 9 REFERENCES 10 ITRODUCTION: Cowan PLC specializes in producing copper tubing. Following globalization and internationalization tendencies the company is currently considering an option of exporting...

Words: 4109 - Pages: 17

Premium Essay

Test

...A. What is multimodal transport? null The concept of international multimodal transport covers the door-to-door movement of goods under the responsibility of a single transport operator. Although the concept might not be new, it developed with the container revolution initiated in the late 50's by Malcom McLean and his trucking operations. null The emergence of the container technology and of the multimodal transport concept came from and facilitated growing international trade. Trade and transport are inextricably linked: efficient transport services are a prerequisite to successful trading. null International transport generally implies the use of various transport links (interfaces and modes), each link corresponding to a transfer, storage or transport operation either in the country of origin, in a transit country, or in the country of final destination. null This situation has created a number of problems over the years, as more and more shippers are realizing that this new concept is involving the effective participation of various transport mode operators but does not always make clear who is responsible for delivering cargo at destination in safe conditions, according to agreed schedules. null Considering the variety of cultures, languages and commercial practices at both ends of a trade, and the resulting complexity of assembling such an international transport operation, it would appear reasonable to a trader to let one qualified operator organize and be responsible and...

Words: 973 - Pages: 4

Premium Essay

Business Law in China and India, Which Is More Appealing to Latin America?

...minimized the gap between the western south and these two Easter giants, increasing the need for joint business ventures and trading partnerships that contribute to the growth of China, India and Latin America. In order to evaluate the relation of Latin American countries with China and India, it is important to analyze the legal systems and regulatory business environments of the Chinese and Indian governments. By developing a concise comparison between China and India, this paper will eventually evaluate which country has more to offer to Latin American economies. Such comparison will be based upon aspects such as legal backgrounds and traditions, basic business regulations, trade laws and others, to finally conclude what sort of government is more appealing to Latin American economies. In the first place, it is important to consider that most of Latin American countries have legal systems based upon the civil law tradition, perceived by many as a more predictable system when compared to common law. In business transactions, predictability can be a great incentive when paired to similar legal frameworks. Contrarily, differences between the legal systems of two contracting...

Words: 4588 - Pages: 19

Premium Essay

Robi-Wto-Assignment

...The World Trade Organization (WTO) Introduction The World Trade Organization (WTO) is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalizing trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements which are signed by representatives of member governments and ratified by their parliaments. Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round (1986–1994). The organization is currently endeavoring to persist with a trade negotiation called the Doha Development Agenda (or Doha Round), which was launched in 2001 to enhance equitable participation of poorer countries which represent a majority of the world's population. However, the negotiation has been dogged by "disagreement between exporters of agricultural bulk commodities and countries with large numbers of subsistence farmers on the precise terms of a 'special safeguard measure' to protect farmers from surges in imports. At this time, the future of the Doha Round is uncertain." Subject to formal ratification of the three most recent members, the WTO has 157 members,[7] representing...

Words: 5101 - Pages: 21

Premium Essay

China and Wto

...The University of Nottingham, Ningbo, China Division of International Business China and the World Trade Organization P13608 Module Outline Module Convenor: Dr Chieh Huang AB Room 379 chieh.huang@nottingham.edu.cn Office hours: Monday 10:30-12:30 10 credits TB329 Tuesday 2-4 PM 10 weekly two-hour lecture/seminars The course is taught by way of lecture/seminars which are two hours in length. The form of the lecture/seminars will be flexible, depending on the topic under consideration. Students are expected to participate fully in discussions in lecture/seminars and to have read all the set Essential Reading before class. Credits: Lecture Venue and Times Method of Delivery & Frequency on Class: Method and Criteria of Assessment: 100% Coursework (5000 words) Essay Submission Deadline is 4pm, Wednesday 27 November 2013 Topics: Please choose one area listed below and discuss its recent development in the context of China. You will need to narrow down your focus and set your own essay topic. 1. 2. 3. 4. 5. Non-market Economies in the WTO Energy Industry and the WTO Environment and the WTO Commentary on one WTO case involving China Self-selected topic upon approval (You are most welcome to decide a topic yourself. Once you decide to do so, however, you need to submit your topic and an one-paragraph abstract before 4pm 31 October. ) Module Aims: To give the students a broad knowledge of the multilateral trading system and China’s interaction with that system through...

Words: 3456 - Pages: 14

Premium Essay

Legal Aspects of International Business.Doc

...ASSIGNMENT ON LEGAL ASPECTS OF INTERNATIONAL CONTRACT SUBMITTED TO SUBMITTED BY PROF. A K PANDEY PRABHAT ANAND(2K12B72) INTRODUCTION INTERNATIONAL CONTRACT: The international contract is a contract that has a foreign element, that is to say that the contract is in contact with one or more order (s) legal (s) abroad (s). Specifically, the foreign element may be resident abroad, a party to the contract, nationality, place of contract conclusion, and many other possibilities.  The commercial contract is a contract for a commercial transaction or a contract made by a trader for the purposes of his trade.  Therefore an international commercial contract is the addition of foreign elements in a commercial contractual relationship. Example is a contract between a French commercial agent to an American entrepreneur. Or it may be a contract between a French company and a provider of electronics in China.  The formation of a contract Main points that need to be addressed: • Agreement: who decides that an argreement has been reached (objective/ subjective approach) • Offer and acceptance: offer of invitation, display of goods, advertisements etc leading to acceptance • Certainty and agreement mistakes • Consideration and form • Intention to create legal relations: domestic...

Words: 2092 - Pages: 9

Premium Essay

Marketing Comparison

...Marketing Comparison: International and Domestic Australia and the United States Marketing Comparison: International and Domestic Australia and the United States As defined by the American Marketing Association,'Marketing is an organizational function and a set of processes for creating, communicating, and delivering value to customers and for managing customer relationships in ways that benefit the organization and its stakeholders' (AMA, 2004, 2). The definition is applied to any product, business firm'in any targeted country. Marketing is the core of any business venture. Two basic functions are derived from marketing: 1) to retain and sustain present customer base, and 2) to develop new and/or improved customer relations. Focusing on these two aspects is the essence of marketing. The plan for why, whom, how, and when'surrounding the product, service, or idea' all develop and stem from marketing ideas and concepts. Marketing is a process, a plan developed to identify, foresee, and satisfy customer needs and desires'no matter the product or service, the business, or the country. Whether the market is a domestic or international venue, marketing activities are essentially the same; however, must be tailored to the unique attributes of the product and the country of target. Mercadeo es un proceso, un plan desarrollado para identificar, prever y satisfacer las necesidades y deseos de los clientes, sin importar el producto o servicio, el negocio o el país. Ya sea...

Words: 1929 - Pages: 8

Free Essay

Global Business Environment

...people. It is driven by invention of new technologies and forms of communications, international trade and investment. In addition to economic aspects, globalization plays an important part in other fields. It can also be defined as the integration of economic, cultural, political, ecological and social systems through internationalization and interconnectedness. Globalization is the principally new step in the development of the long-term process of internationalization (transnationalization) of the economic, political, cultural, legal and other aspects of the society's life, at the point when interrelationships between the national socials have reached such a level, when some drastic changes within the entire world community gradually transforming into the integral society institute, became inevitable.  The level of economic, scientific, technological, legal and informational interrelationships of the national industries have reached a point, when at least three principally novel features are imminent. First, the world's economic community, formerly seen as loosely connected multiple countries, is gradually transforming into the integral economic system, with national societies now representing the constituents of the integral world's economic body.  Second, while conditions of globalization, national and global economic issues are swapping roles. With the development of international financial and other markets as well as production-sale structures, the global economic...

Words: 1511 - Pages: 7

Premium Essay

Riordian Corprate Compliance Plan

...members to create Riordan’s Corporate Compliance Plan. In the compliance plan students address the lawful responsibility of Riordan’s executives and presents solutions to situations, which laws have been violated and consequently propose corrective actions. Moreover, the compliance plan study includes relevant information, which further discusses Riordan’s enterprise liability, real, and intellectual property, the governance principles of regulatory compliance as well as international laws or aspects of such that Riordan must adhere to. Riordan Corporate Compliance Plan Riordan’s corporate compliance plan is not only essential but also critical to be in compliance with rules and regulations. The main focus of a corporate plan is essentially to focus on how the lawful responsibility of the executives of Riordan will manage and address situations that may arise. The compliance plan will also focus on what decisions need to take position when laws are not in compliance, when legal council is important and will establish what rights employees have and who individuals may turn to when actions are taken against the organization. Riordan Manufacturing has executed a business fulfillment plan designed accordingly to the organization’s areas of expertise of plastic designs. Riordan’s commitment is to operate and manage the organization programs with the maximum degree of business, ethical, and honorable principles (U.A, 2006). Employee expectations are...

Words: 1639 - Pages: 7

Premium Essay

Portfolio Activity

...Institute of Technology assumes no responsibility for any liability, loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in or accompanying this publication. Version 2 Semester 2, 2013 Printed by: Print Central Contents Introduction 4 Study Notes 5 Element 1 – Develop and document strategies for international purchasing 7 Element 2 – Implement international purchasing strategies 10 Element 3 – Undertake more complex international purchasing 12 Element 4 – Determine payment strategies 15 Element 5 – Arrange barter and countertrade 18 Element 6 – Determine logistics strategies 20 Element 7 – Evaluate international purchasing strategies and implement identified improvements 22 Portfolio Activities Semester 2, 2013 24   Introduction Continued pressure to reduce costs and improve spending has fueled a procurement revolution. Pressures to source from emerging markets such as China, India and Eastern Europe demand improved sourcing and supply management skills. Purchasing internationally involves having to expand your knowledge of many aspects of procurement that you don't have to worry about when buying domestically. Differences in cultures, laws, communications, currencies and more. Coordinating logistics, dealing with customs, arranging payment, identifying countries for sourcing, finding suppliers, calculating landed cost, assessing risks, and implementing global contracts. These are a few of the...

Words: 4834 - Pages: 20

Premium Essay

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

...Article 3 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∗ ∗ 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...

Words: 18580 - Pages: 75

Premium Essay

International Business Journal

...Introduction As part of the course BS301 (International Business), it is required that a journal is kept detailing notes and references to the course. This journal clarifies the relationship and connection to ongoing issues and case studies within today society on a global context, relating it back to class discussion and the topics covered within the first eight weeks of the semester. This journal contains a physical collection of articles with personal notes and comments, creating a view and response for each article or reference. The articles and points of discussion that have been used within this journal are situated around hot topics within the unit. They are all in reference to International Business Theory such as trade, international investment, financial markets, legal or political systems and international regulatory bodies and relationships. The main point behind this project is to show the connection between the greater global economy and the individual economies that operate within it. The world today is a place where barriers are constantly being broken down, trade and regional agreements are becoming a must, and where countries and organisations really have to think about the greater consequences of their own actions. During class discussion, as a group we have learnt how vital it is to know not only the international identification of a country but its characteristics when operating on an international basis. Such characteristics include countries relevance...

Words: 2310 - Pages: 10

Premium Essay

Global Marketing

...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...

Words: 13959 - Pages: 56

Premium Essay

International Marketing

...Introduction The original formula for Red Bull was developed in 1964; however, the Red Bull company was not founded until 1984 after a merger between Dietrich Mateschitz, marketing guru, and Chaleo Yoovidhya, the owner of the Red Bull formula. Categorized as an energy drink, Red Bull was initially designed to “treat jet lag and boost energy for truck drivers” (Hollensen, 2012). In today's era, Red Bull is commonly used as an energy drink; like coffee, and as a mixer in alcoholic drinks, like Red Bull Wings and the Jägerbomb. This aligns with the company's focus on the younger generations of partygoers and post-secondary students.   Red Bull’s marketing strategy is one of the key factors in their success, they created Mobile Energy Team that consists primarily of young university students driving around in specially designed Mini Coopers with large Red Bull cans on top to attract the younger audience. The students are Red Bull’s team out in the field that attend different events and provide sampling of the energy drink. Oftentimes, the Red Bull representatives host parties with cases of Red Bull. These representatives collect data from these parties and send it back to the company as a form of low cost market research. In 2010 Red Bull had 7,758 employees of which 5,000 were university students. Red Bull is also known globally for hosting extreme sporting events and sponsoring some 500 athletes. Over the years they have acquired four soccer teams, a Nascar team, and two Formula...

Words: 4713 - Pages: 19