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Legal Aspects of International Trade

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Submitted By harishvk91
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* 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

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