Legal and Ethical Issues in Resolving International Interactions
Josh Herricks
LAW/421
June-6-2013
Luke Martin

Legal and Ethical Issues in Resolving International Interactions
When an individual or a company is going to involve themselves in international transactions and or resolve a problem he or she should be educated with the laws and understand the foreign culture that he or she is doing business with. Without knowledge of the laws and the customs of a country it could mean that the business transaction will end before it started. It does not matter how small the international transaction, how good the partnership is, and if he or she thinks that nothing will ever happen during international transaction it is him or hers responsibility to make sure they are protected from any lawsuits and any litigations occurring.
Businesses that take part in international transaction need to remember the transaction can be challenging. Both parties of an international transaction should come to an agreement on what is the choice of law and what forum selection will be used. The choice of law is to help eliminate confusion and helps coming to an understanding. The forum selection is a decision on how the conflict will be resolved such as arbitration, litigation, jurisdiction of the courts, and procedures. More issues are the culture will be different in a foreign country and if there are any religious views that he or she follows. In the United States men and women are treated equally. Men and woman have the choice on what they want to do such as what type of work he or she does, who they marry, and what activities he or she is involved in.
One example of an issue is the culture in India and other parts of the Middle East it is forbidden for women to be involved of business transactions and the women are not supposed to look at the men and if they do it is considered to be an insult and could be punished. The example of the Middle East is a good example on how an international transaction could end before it starts. Ethical issues that can arise are the welfare and the wellbeing of the country involved in the transaction. An example is in the virtual viewing Cad Mex chose to allow the generic medication because of the virus outbreak. Meanwhile, Cad Mex was losing money they chose to use the generic medication for the welfare of the people.
There are various considerations for review before taking legal actions against a business partner that is in a foreign country. An example would be if a European company wanted to pursue a legal action against another country such as the Middle East he or she would have to understand how that country operates. The European company would have to educate themselves on what laws are in place, and how the government operates. Meanwhile, Europe is pursuing the Middle East for a breach of contract; The Middle East Company may have had no choice if their governments intervened and made them breach the contract.
Every government in the world operates differently and the law of that country does not hold up in the other country. The company pursuing the legal action should also consider how the legal action will affect them financially and the public is going to take it. Just because a company had a breach of contract does not mean it is in the best interest of the opposite company to pursue legal action. Pursuing legal actions will cost money, and could cause more damage to the publication to the company than it is worth. A good example is if an ethical issue would outweigh the decision of the legal action such as in the Cad Mex virtual case with money versus welfare of the people.
The factors that can work against Cad Mex if they grant sub license is that they could have lawsuits come upon them because Cad Mex is responsible for the products and who has their license. For example if the third party does not have the same standards as Cad Mex and cause personal injury, death, and complications, Cad Mex could be held responsible. Before Cad Mex sub leases they need to make sure the standards and requirements are met with the opposite company. Cad Mex also needs to remember that sub leasing will take time and money because of the training and the facilities needed for training.
When local laws and customs conflict with the laws and customs of an organization doing business aboard the laws and customs of were the business is conducted will override any other laws. This is because of when a country enters a transaction with another country he or she must follow the laws and customs of that country. The virtual assessment demonstrates that the government took over and did what was best for their people. In the week one readings it talks about the how the judicial system works and has some of the same qualities like both governments have a right to a fair trial. A company should handle international issue with great care because they have to follow different laws of that country, maintain some kind of peace, and do it quick enough to where it does not cost a great deal of money. Domestic issues are different too were as the people are familiar with the laws, courts proceedings can be different, and there will be more rights for the people in the dispute.
Concluding with is that any company involving themselves in an international transaction he or she should be educated about how that government operates and which laws are in place. Before any business transactions with foreign country the business needs to have an agreement on which forum selection clause and what state of law will be used to insure no confusion and an understanding between both parties. A company should not engage in any foreign transaction without the knowledge of how that country operates.