“When law is internationalized it changes, it is denationalized, modernized and liberalized, sometimes intentionally, sometimes inadvertently”
That being said I’d like to state that International Business Transactions is a field which deals with commercial contracts between two or more countries. They can be ranging from the simplest form- trade to the most complicated kind of foreign direct investment. As a layman would understand it simply means an area of law that deals with international business relations between countries having different laws, rules and regulations. So one might think, when there is a contract of sale of goods, services or goods and services how does the law apply to countries with different legal systems? What happens in case of a dispute? What court of law has jurisdiction? and which country’s law applies? This is what is dealt with in the subject of International Business transactions. What exactly is done to address this issue. Here, is where the process of Harmonization comes in. Harmonization basically means, ‘bringing together’ in a way whereby you remove the difficulties and inconsistencies between two things, here, being laws. Various attempts have been made at an international level to regulate and harmonise laws between the various countries of the world. But, first I’d like to give a little backdrop to the history of the harmonization process.
International trade was seen to escalate after the Second World War, especially after the
The proposition by Austin to reduce various types of law into a single form, as command of the Sovereign backed with sanctions had invited much criticism. One of the flaws in his proposition is that not every law is coercive in the way that it is backed with sanction. To view law as command backed by threats of sanction is to overlook a significant part of the legal system.
concentrates that law is purely used to promote good by the state. Furthermore, law should
In this essay I will be critically analysing an article and report on the relationship between Australian law and International law, reflecting on the Universal Declaration of Human Rights and whether it ensures the safe guard of human rights for future generations. I will then analyse whether this promotes peace and equality internationally.
Every business organization has a social responsibility in ensuring that the environment it operates in is protected. Many companies have identified that they have a major role to play in protecting the natural habitat and ensuring that business is not only about making profits. Some organizations are setting aside funds that are developed in the protection of the environment while other organizations are setting a tree-planting day as part of their annual calendar. Companies have legal and ethical responsibilities that guide the organization in making sure that the environment is taken care of. The natural resource depletion and the environmental pollution have led to conservation groups setting rules that govern the company in utilizing natural resources.
When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence.
This article also examines the meaning and implementation of universal jurisdiction. For no sanction mechanisms have been created to induce them, without their consent, to abide by their obligations, until now only the goodwill of states could be relied on to guarantee their implementation in good faith. Before ending with some possible remedies to minimize potential
Business is continually growing on a global level leading to international business partnerships, agreements, and trades. During these types of business relationships disputes are common (University of Phoenix, n.d.). If a dispute occurs one party may chooses to take legal action against the other party. Making the decision to take legal action businesses must make considerations prior to proceeding. Making the right decisions can build a strong relationship between parties. Considerations to take include contracts, local law, and local customs and culture. Steps may be taken to minimize risks in international business agreements as well.
International trade is important and beneficial to business. However, international trade guides a safeguard of interests, specific business contract, defined law, forum of dispute settlement, and understanding of contract clauses. “A working knowledge of international law helps business owners and managers with global interests reduce risk and increase profits” (Melvin, 2011, P. 631). This enlightenment will address the international legal and ethical issues involved in international business transactions and compare such to domestic business operations.
This essay advances the position that the quotation under discussion is, with all due respect to the Author, entirely incorrect. It is the counter-argument of this essay that the Courts of Justice of the European Union (CJEU) have ‘abused’ their interpretive jurisdiction, and, in places, have even done violence to the very wording of the Treaty itself.
Gradually since starting high school I have become more curious about notions of "right" and "wrong", in a world where such distinctions are not always apparent or obvious. I have lived in the UK, Kuwait and the USA, and observed that each country has different laws and systems that influence people’s way of life and outlook on society. This is the reason behind my interest in law, specifically international law. Attending school in three different countries has provided me with an eclectic insight into the nature of different cultures and political systems, which I find more fascinating as I grow older.
International business contains all business transactions private and governmental, sales, investments, logistics, and transportation that happen between two or more regions, nations and countries beyond their political limits. Generally, private companies undertake such transactions for profit governments undertake them for profit and for political reasons. It refers to all those business activities which involve cross border transactions of goods, services, resources between two or more nations. Transaction of economic resources includes capital, skills, and people. for international production of physical goods and services such as finance, banking, insurance, and construction.
International business is a term used to collectively describe all commercial transactions (private and governmental, sales, investments, logistics,and transportation) that take place between two or more nations. It consists of transactions that are devised and carried out across national borders to satisfy the objectives of individuals, companies, and organizations. Usually, private companies undertake such transactions for profit; governments undertake them for profit and for political reasons. It refers to all those business activities which involves cross border transactions of goods, services, resources between two or more nations. Transaction of economic
What are the requirement(s) found in the U.S. constitution governing the President’s ability to enter into treaties with other countries, i.e. international legal agreements?
The purpose of this assignment is to discuss the creation and application the case law resulting from the decision in Donoghue v Stevenson . This decision is often cited in relation to the tort of negligence and a duty of care. As such it could be misunderstood as being the preeminent case for the principles of negligence or duty of care alone. It is however the landmark precedent case for the tort of negligence outside of a contract when taking into account ‘duty of care’ and the ‘neighbour priciple’.
The level of internationalisation around the globe has grown throughout the years, with advanced technologies the ease and ability to work with foreign countries has also grown. However, firms do not simply interact with each other with no outside party involvement; the government can be seen to play a large role in conducting international business. Governments continuously have the responsibility to act in the manner that they believe is best for their nation; this includes decisions regarding protectionism, which may serve to aid domestic industries but simultaneously hinder international business. It can be seen that governments do not always act in their nation’s best interest and are corrupt which can serve to increase the risks and costs of entering an international business environment. While these are examples in which the government makes international business difficult it can also be seen that the presence of a government is instrumental in creating international business effectiveness, whether this be through their legal system or from trade agreements. This makes the role the government plays paradoxical; as their involvement generally increases the risks and costs of firms seeking to internationalise, whilst simultaneously playing a significant role in creating international business effectiveness.