Interaction of American Laws with International Law

All countries apply the rule of law, but the systems in each country differ. For example, while the UK has common law, the USA uses civil law, so this can see that countries apply differing approaches to jurisdiction and the law. International Trade Law governs cross-border trade in goods and services and serves to provide a legal framework for exchanges between parties located in different countries. In these circumstances, it is common that the trading parties are not familiar with each other before engaging in trade, so International Trade Law can help mitigate the risks involved and offer protection to the trading parties. The existence of International Trade Law has the potential to mitigate a number of potential difficulties which contracting parties might face. Various situations have been presented which have not been adequately addressed by current trade laws; frequently these arise when parties are based in different countries which operate different legal systems and when the parties had not specified which legal system would apply to their agreed contracts. The issues of whose laws will apply and which court shall have jurisdiction is an ongoing concern in global trade. The issue can be resolved through the consideration of rules governing conflict of laws, these also often differ between the legal systems in the countries of the parties involved in the conflict. Moreover, it is in the best interests for all parties to find a means of harmonizing the legal

The Hague rules had many imperfections, which highlights its change to the later amended 1971 Hague-Visby rules. One of the many weaknesses of the Hague rules was that in article X “The provisions of this Convention shall apply to all bills of lading issued in any of the contracting States”. According to Hasan ZB and Nazli I (2007). Shipment from ports not in the contracting states to any port in contracting states. The Hague Rules do not apply but rather the law of the country from where the goods were shipped would be the valid law. According to Hasan ZB and Nazli I (2007), this creates loopholes where parties are able to contract out of the Hague rules by selecting any law other than the law where the bill of lading is issued as the governing law. Earlier common law cases like the case Moorcock (1889) is helpful in this area of contract law, as implied contract terms if breached can have locus standi in courts and individuals should be aware of them within a contract. This highlights how the Hague rules do not add much to earlier common law provisions. An additional common law case would be Liver alkali v Jonson (1874), which gives the carrier complete liability giving far better protection to cargo owners.

Engaging in international business provides many benefits, but also increases complications. One of the most arduous complications is addressing additional regulations set forth by both domestic and international regulatory bodies. By engaging in international business, businesses headquartered in the United States with subsidiaries abroad must provide financial statements of all foreign operations restated in the U.S. Dollar. Depending on the functional currency of the subsidiary, financial statements must be translated into U.S. Dollar pursuant to either the Current Rate method, or the Temporal method. As explained by The Utes’ executive team, the functional currency of UDC is the U.S. Dollar, requiring The Utes to restate UDC

This reflective paper will address several issues associated with international and world trade law as they pertain to counterfeiting and discussing the connections between business, law, politics and ethics with regard to counterfeiting. First, it will discuss the legal and ethical issues related to boycotting goods from other countries, as well as the practical business implications of such a move. Next, this paper will analyze the problem of World Trade Organization (WTO) participant nations and their ability to address the problems of counterfeiting. Finally, it will discuss the type of action the United Nations might take with regard to the counterfeiting issue.

The CISG has been regarded as a success for the UNCITRAL, as said by John Felemegas “[the Convention has been accepted by states from] every geographical region, every stage of economic development and every major legal social and economic system”. It’s overall reach has been described as having the “greatest influence on the law of worldwide trans-border commerce” . In the United States for example, 1.67 trillion dollars in goods were imported and 904 billion dollars exported in 2005 alone. A large percentage of these goods were destined from or originated from countries that are signatories to the CISG. The Convention which applies by default in the international sales context, has also impacted on sales legislation at the regional and national levels. The particular importance of the Convention in the international arena is underlined by some 2,000 reported decisins where the CISG has been held to apply.

The purpose of this essay is to critically discuss the court’s decision in Owusu v Jackson (C-281/02) and determine the impact of the decision on the systems of international trade. The aim is to establish how trading partners from different jurisdictions can settle a commercial dispute that may arise in the course of trade and which county’s laws are applicable in international trade disputes. The issues involving international trade are becoming commonplace due to the effects of globalisation and the ensuing economic crisis. The handling of these cross-border commercial disputes takes different shapes depending on the forum in which litigation of the disputes is conducted. The country of jurisdiction affects the guiding principles and procedures of the applicable laws and ensuing remedies. Additionally, it influences the schedule and the cost of litigations hence it has economic and legal consequences. Furthermore, the State in which parties are domiciled, the location of witnesses, language barriers and international relations undermine effective handling of cases. As international trade gains its significance due to increasing business competitiveness the disputes among the trading partners continues to increase due to a breach of business contracts. The establishment of international trade laws focuses on harmonising international trade and setting a common mechanism for settlement of the dispute between the trading countries. The parties may, however, disagree on

“One precedent creates another and they soon accumulate and constitute law. What yesterday was a fact, today is doctrine (Junius).” The World Trade Organization looks at precedent to determine the outcome of similar disputes. Based on precedent, the United States - COOL Requirements holding is proper under the similar Clove Cigarettes dispute. Part II of this essay offers background information about GATT, the WTO and the TBT agreement. Part III provides information and facts about the Clove Cigarettes dispute. Part IV provides information and facts about the COOL Requirements dispute. These facts are then analyzed in part V and the essay is concluded in part VI.

International institutions abound in the realm of international business. As globalization increases, disputes multiply. The responsibilities of these organizations can vary due to the needs of its members, such as monetary or trade issues. Moreover, the support these institutions provide may come in the form of various agreements to include the negotiation or enforcement of sanctions and treaties which will either stop or promote trade between nations.

International contracts can either be regulated by choice of one legal jurisdiction or through a uniform international Convention – United Nations Convention on Contracts for the International Sale of Goods (UNCISG). The latter is a uniform code comprising all different laws which applies to all international business transactions, subject to the agreement of the parties to the contract. The rationale behind CISG is that it is a compromise between civil law and common law for the sake of a smooth international transaction, where benefits such as creation of capital, employment, money flaw, better standard of living are a priority underpin the creation of a more sustainable world harmonising law systems in order to reach a single understanding of legal situations.

Although, there is a lot of discussion around reforming the ISDS clause, there are sound reasons why most states still embrace the ISDS provisions in their trade and investment agreements. The domestic quality of legal protections varies widely among states with some of the legal systems not functioning within the acceptable standard of fairness despite treaty obligations. We do see that the largest number of ISDS disputes have

A conflict of laws is a major issue that usually arises in international commercial transactions. International characters in the transaction create questions, such as which court has jurisdiction over the case, which law is applicable to the case and will the judgment enforceable. One possible way to avoid the risk of a conflict of laws is to harmonise laws relating to international sales into uniform law or a convention for worldwide adoption. The United Nations Convention on Contracts for the International Sale of Goods (CISG), known as the Vienna Convention, is one of the results from the harmonisation of international trade law. Although there are many supports to this convention, the argument of its effectiveness still continues and some countries still not ratify.

“When law is internationalized it changes, it is denationalized, modernized and liberalized, sometimes intentionally, sometimes inadvertently”

The term ‘International law’ first used by Jeremy Bentham in his Introduction to the Principles of Morals and Legislation, later Hugo Grotius who is a one of the prominent intellectual figure in Europe lead to concept of the modern framework for international law.

Furthermore, global governing bodies develop laws that monitor the operations of trading international regulatory entities like world trade organization to help in enhancing transparency and accountability (Weiss & Kammel, 2015). This activity has huge impacts on operations of free trade and ensures that each member transacts freely, fairly and performs the legitimate trade. Besides, the institution ensures that fairness, due process, and procedural participation been adhered accordingly. Without

The first reading for this week was a chapter out of a book about international legal subjects. International legal subjects include things like insurgents, national liberation movements, international organizations, and individuals (Cassese, 124). States have not been happy when insurgents try to enter their territory. Insurgents are rebels and they feel as if they are dangerous. Insurgents are state like and they have many characteristics that states have. They do not have as many rights are states does and their duties are limited.