chapter 7 (International Law) synopsis from text book Business: Its Legal, Ethical, and Global Environment 11th Edition, Copyright 2018.

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1 day ago

Sai Sudha Anusha Vaddeboina 

RE: WEEK 6 DISCUSSION

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Chapter seven was about international law to discuss the legal environment that businesses performing trades between countries and across continents will encounter. In other words, we can say that international law is the set of rules that have been established between nations. It stands as the structure for the practice of well-organized international relations. As we know that there are different types of international law systems. There are different laws that affecting business within international trade such as the Foreign Sovereign Act of 1976, the Foreign Assistance Act of 1962, the Overseas Private Investment Corporation, the Export Trading Company Act of 1982, and the Contracts for the International Sale of Good (Jennings, 2017, Pg.221).

Jennings highlighted that U.S and England have common law which is more or less depending on tradition and precedent, in other words, they have the same code law system. When taking into consideration civil or coded law which is usually followed by France, Germany, Spain, and other European countries – these are not left for interpretations and they are more restricted within the bounds of the law. When it comes to Islamic law which is totally based on religious tenants and which governs all aspects of an Individuals life. Moreover, it is worthwhile to mention the Soviet Union, Eastern Europe, and Communism from the last legal system. (Jennings, 2017, Pg. 209).

As we are aware that society influences law and society in turn influences business. Non-statutory laws such as Language, Environment and technology, Authority, nonverbal behavior, and time concept are all examples of how society will also influence international business. There are laws which are arbitrary that they are based on customs and values and which have more value towards as statutory law, which is known as “No statutory source of international Law” and also known as “LESCANT”. Next is the Vienna Convention as per U.N. Convention on contracts for the International Sale of Goods (CIGS). (Jennings, 2017, Pg.211). The above mentioned are all the sources of different types of laws. An important concept Jennings explained is sovereign immunity and repatriation. Sovereign immunity is well defined as freedom of one country from being subjected to orders from another country (Jennings, 2017, Pg.221). This is something very important because there are serious problems that might occur if one country could implement laws on another. Repatriation is the returning profits that are earned in other countries to one's native land (Jennings, 2017, Pg.221).

Foreign Corrupt Practices Act: It is a branch of Congress which deals with FCPA related issues from grease payments due to US competitiveness. Some of the principles governing the International law as follows:

· Sovereign immunity

· Expropriation

· Repatriation

· Conflict of laws

· Antitrust issues

· Forum non-convenience (Jennings, 2017, Pg.227).

The Institutions are set up in such a way that all the businesses are protected against undue international competition. This is the way carried out in the US is such that foreign banks are expected to disclose the account transaction information only if enough information that banks or businesses are taking advantage of the open market. All the US firms are subjected to the antitrust laws in the U.S. hence to conclude that International law is an integral part of the standard functioning of businesses across borders.

References:

Jennings, M. (2017). Business: It's Legal, Ethical, and Global Environment 11th Edition. Cengage Learning

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POST-2

Christine Wanjiku Thuku 

Sources of International Law – the sources of international law serve to govern business as they operate in a particular country, this law may vary from country to country.

Customs and value in a culture often have a controlling effect on negotiations contracts, and performance in international business.

In international trade, treaties, tariffs and international agreements govern and guide international contracts. Example: Tariffs- Cost of goods between countries.

International organizations composed of officials of member nations and usually established by treaty have laws that affect businesses in International trade. These laws are:

·  Contracts for the International Sale of Goods (CISG)

· Foreign Sovereign Immunities Act of 1976

· Hickenlooper Amendment

· Overseas Private Investment Corporation (OPIC)

· Export Trading Company Act of 1982

 Companies operating in foreign nations are subject to the laws of those nations. Common vs. civil law.

The most activity in multilateral agreements among countries has been areas of curbing bribes. The Foreign Corrupt Practices Act (FCPA) was passed to curb the use of bribery in foreign operations, it applies to business concerns that have their principal offices in the United States.

Some principles of international law apply to all countries and people in the international marketplace.

· The Act of State Doctrine- provides judicial branch of one country will not examine the validity of public acts by a foreign government within the that one country’s territory

· When Foreign Govt takes private property (expropriation (take property for common good and then compensate) and confiscation)

· The Sovereign Immunity- immunizes foreign nation from jurisdiction of US Courts. Which means you can’t bring a lawsuit against a foreign country. A foreign state is not immune is when:

-Foreign state has waived its immunity either explicitly or by implication

-Foreign State has engaged in commercial activity within US or has direct effect on the US

-Foreign state has committed a tort in US or violated certain international laws

· Repatriation – returning profits earned in one country to one’s native land.

· Conflict of laws- issues to which country’s laws applies in international transactions

· Forum non conveniens – doctrine requiring dismissal of cases that should be heard in another country’s courts

 Protecting exist in an international competition

 Antitrust laws- the antitrust laws proscribe unlawful mergers and business practices in general terms, leaving courts to decide which ones are illegal based on the facts of each case. Courts have applied the antitrust laws to changing markets, from a time of horse and buggies to the present digital age.

1. Competition law protections – this law enforcement exists to preserve the integrity of free markets, undistorted by anti-competitive conduct. More vigorous competition has two main benefits: first, it protects consumers from companies that may, at times, seek or use market power to raise prices or reduce outputs. Second, it promotes productivity growth, largely by imposing stronger rivalry among companies to succeed in gaining the business of customers, which in turn leads to faster economic growth

2. Protection for intellectual property

 

 

References:

1. Jennings, M. M. (2018). Business its legal, ethical, and global environment. Boston: Cengage Learning.

2. https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws

3. http://www.oecd.org/daf/competition/Challenges-Competition-Internat-Coop-2014.pdf

Post-3

1 day ago

Jiajie Du 

Week 6

COLLAPSE

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International law, also known as public international law, distinguishes it from international private law or conflict of laws, which deals with the differences between domestic laws in different countries. International law is also very different from domestic law, it is a national law that regulates the conduct of individuals and other legal entities within its jurisdiction. International law is a general term for the customary and treaty rules that nations consider to be legally binding in their interactions (Jennings, 2017).

International law system: Every international company must comply with the laws of the country in which it operates. France, Germany, Spain and other countries rely on civil law or code law. Common law is practiced in the United States and the United Kingdom. The third legal system is Islamic law, which governs life's all aspects based on religious creeds (Jennings, 2017).

International law is different from the national legal system because it is mainly applied to the state rather than the citizen. It is the rule that regulates the relationship between government organizations, and sometimes includes the national consciousness of legal persons and natural persons. Because of the lack of effective sanctions against illegal countries, international law is less able to bind individual countries and cannot guarantee that its legal system will always operate smoothly (Jennings, 2017)

Basic principles of international law:

1. Recognized by all countries, this recognition or recurrence is in the treaties concluded by nations or accepted as an international custom. This feature distinguishes it from the principle recognized only by a few or some countries (Jennings, 2017). 2. It has universal significance. The scope of application of this principle is in all areas of international legal relations. The basic principles of international law are universally significant beyond individual fields. They apply to all spheres of the effect of international law and are related to the overall principle of international relations. It can be used in all aspects of international law and has a guiding role (Jennings, 2017). 3. No matter how the court resolves rights, the principles of international law affect the decision-making and operation of enterprises. These principles are Act of State Doctrine, sovereign immunity, US property protection and overseas investment, Reparation, conflict of laws and Forum Non-Conveniens (Jennings, 2017). Because international law is a law between countries, a country cannot create international law. Although sometimes a certain principle proposed by a country or a few countries has great political and legal significance, it cannot be the basic principle of international law until it is recognized by all countries. The basic principles must be recognized by all countries (Jennings, 2017).

Non-statutory sources of international law: Before conducting business in any country, companies should reduce through the following factors, including language, environment and technology, authority, nonverbal behavior, and time concepts (Jennings, 2017).

Statutory source: The legal sources of international law are the International Sales of Goods Contract (CISG), which governs international sales of goods and tax laws. Treaties, trade organizations and international trade controls: treaties, tariffs, and organizations manage the amount of international trade (Tariffs which add to the cost of the goods, the European Union was established to eliminate barriers to the free flow of goods, people, services and capital boundaries; etc.) (Jennings, 2017).

Reference Jennings, M. (2017). Business: It's Legal, Ethical, and Global Environment, 11th ed. Southwestern: Cengage Learning

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