Addressing International Legal and Ethical Issues

Addressing International Legal and Ethical Issues
CadMex is a global pharmaceutical with over 85 years in the business. They are based in Tampa Florida. They have the ambitions to take their business to a country in South East Asia called Candore. The company the CadMex wants to business is called Gentura. They are well established biotechnology company. This company has over 25 years experienced into their business. This paper will highlight the many situations or challenges an organization faces while conduction business abroad. Other items that will be highlighted in this paper are: the issues involved in resolving legal disputes in international transactions. Also some practical considerations of taking legal action against a foreign business partner based in another country. Last, it will highlight how companies should resolve domestic and international issues differently. There are some issues that arise during resolving legal disputes in international transactions. The first issue to consider is the laws that govern the country. If the country is run by a borderline dictator such as President Arahi Gwendoz that took over Candore in a bloodless coup, the rule might be very difficult to understand. If there are no rules such the Constitution of the United States, there will be a lot of room for a variety of interpretations. Last, “International law has traditionally been defined in very broad terms and not limited simply to rules that are applied to settle disputes in court. Rather, international law is influenced by a combination of law, religious tenets, and diplomatic relations between nations” (Melvin, 2011, p. 632).This room for interpretation for an ambiguous law will be a hindrance to a speedy resolution.
The second issues are the disputes that happen because of the indifference between customs. In the U.S there is a sense of urgency when there is a dispute that will prevent an organization to continue its routine business. This urgency forces many organizations to seek ADR’s as a setting to have speedy resolutions. Last, the general Accounting Practices might be very different from that of the host country. In the United States there are many rules to help an investor that has lost his or her money due to negligence of a financial organization. In the case of federal credit union, the money is insured by the Federal government, so there is a good chance that your funds will be returned.
The most basic practical considerations of taking legal action against a foreign business partner based in another country are the enforcement consideration. The most important concerns are the answer to the question of who will be the one or the party to enforce the finding of the dispute. The other consideration is that of another question of who will have jurisdiction over the proceedings. Last, will both parties involved honor the rulings of regardless of the findings? A huge factor to consider while conduction international business is the laws and customs of the country. Often times, the laws are a direct result of the belief and culture of the inhabitants of the foreign country. For that reason it is essential that before an organization decides to conduct business abroad, they need to do as much research as possible. This will save the company a lot of heartaches in the future (Broderick, 2006). The idea of doing business abroad is take a profit and not to spend a lot of time tries to resolve conflicts with your foreign business partner. When the local customs and laws conflict with the customs and laws of an organization operating abroad the local law should prevail. The host country will be the one that has to explain to the citizens the reason an organization that brought many jobs to the country, now have to leave. For example, if CadMex and Gentura decided that it would not be wise to continue their partnership and leave Candore, it would be wise the laws of the host nation (Candore) to prevail. CadMex is already established in Florida and can seek other international location sot do business. The same jobs that they offered to the citizens if Candore would be offered to their new business partners. Meanwhile, it will be the Leaders of Candore to find new jobs for the ones who lost their jobs (Armache, 2012). Furthermore, the main reason for doing business is to make money and for that reason, the interest of CadMex would be to make profits and not to save jobs or save and preserves the dreams of the citizens if the foreign business partner. The law is a working document. It is the idea of the many that have been wronged that fought to preserve their beliefs. In business, it is not different. Their needs to be rules in writing so that if there is a dispute, it can be resolved in a professional manner. There also needs to be a balance of power so the accuser will not have an unfair of the accuse. The week one readings were to access the importance of law in society and business. “Along with treaty law, customary international law is a primary source of law affecting individuals and businesses engaged in international transactions. Customary law follows the basic principle of international law that individual conduct is permitted unless expressly forbidden” (Melvin, 2011, p. 632). Most importantly, it discussed to setting of sed law to be practiced, local or international. Domestic disputes should be resolved in the guidelines and contradicts of what the laws allow. The international issues should be handled within the constraint of the hose nations with exception of contract obligations. The rules that govern CadMex in Florida may not work for a dispute resolution in Candore. This has been an issue in developing countries. (Shah, Gandhi, 2011).
The simulation have many difference outcomes that directly proposal to the decision-making-processes. This is the same as it applies to law I business and society. Diversity I the workplace will always have an after on the decision an individuals makes. This decisions is also a reflection of his or her beliefs, ethics and of course the law as it pertains to society ad business. The best and individual or an organization can hope for is to do the necessary research to address any potential issue about cultural and customs barriers. Futhermore, the business that are most successful always have great contengiy plans. The reason is a simple one. They are convinced that as long as we have people working in the workplace, even with the strict enforcement and respect for the rules or law, nothing or no situation will have perfect result to a dispute.

References
Armache, J. Diversity in the Workplace: Benefits and Challenges. Conflict Resolution &
Negotiation Journal, Mar2012, Issue 1, p103-116, 14p.
Broderick, P. Rewards Are Many in Foreign Markets, But So Are the Risks. San Diego
Business Journal, 12/18/2006, Vol. 27 Issue 51, p3-8, 2p.
Melvin, S. P. (2011). The legal environment of business: A Managerial approach: Theory to
Practice. New York, NY.
Shah, N; Gandhi, N. Arbitration: One Size Does Not Fit All: Necessity of Developing
Institutional Arbitration in Developing Countries. Journal of International Commercial Law & Technology. Oct2011, Vol. 6 Issue 4, p232-342. 11p.