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09.01.2024
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RequirementJA1.docx

Requirement of Journal Articles

Please watch five PowerPoint files that give an overview of the legal systems of different five countries and complete five Journal articles based on their content and related materials. Each Journal article requires three pages (double-spaced, APA format).

THE JOURNAL ARTICLES SHOULD INCLUDE:

The three page journal on each PPT can be structured as you think best but should include the following:

1. Generally describe your reaction to, and evaluation of, the PPT.

2. In a few paragraphs summarize the most important things you learned about the legal system in that country?

3. Having watched the PPT, if you were to start doing business in that country what aspects of the legal system would you be most concerned about? Why?

4. Is there information about the legal system in that country that you would like to have but wasn’t provided in the PPT.

· Please add some of your own ideas and extended resources as appropriate to enrich the content of the journal article.

· Each journal article requires 3 pages, a total of five articles. The content of all articles cannot exceed 15 pages, and please put them in one file.

· APA format, table of contents, and reference pages

Appendix - PPT Information

These five PPT files can be found in the attachment.

These PPTs will provide an overview of the legal system in countries with which Canada trades significantly. These presentations should explain particular legal risks when doing business with that country.

These PPTs is about the legal system of these five countries below:

· Portugal

· Australia

· Norway

· Argentina

· Indonesia

Each PPT will include these contents below (This is also an important scoring criterion for these PPTs）：

Your team has been hired as consultants by the ABC Manufacturing Company, a successful Canadian company. ABC is planning to open a factory in (your team’s country). The CEO is very nervous about the legal system in that country and asks you to provide a ppt describing the legal system of that country.

• Provide a brief overview of the modern legal system in that country.

• Describe the basis of the legal system (i.e. is it a civil law, common law or another system of law).

• Provide a brief history of the development of the legal system in that country.

• Provide an understanding of the court structure and processes (i.e. where is a case first heard, where is it appealed, what are key procedural rules etc.)

• Are there particular cultural influences on the legal system (i.e. the perspective of a contract varies in different cultures)?

• Does the Constitution of the particular country impact business law?

• Are there key pieces of legislation that impact international companies doing business in that country?

• Are there key rules surrounding contracts in that country that Business students should be aware of?

• How does that particular country protect intellectual property?

• How is employment law different in that country?

• Provide an overview of the key legal risks when doing business with that country.

Argentina-.pptx

ARGENTINA

Table of Content

Overview & History& Basis of law system--Melissa

Court Structure & Culture Influence--Christy

Impact of Business Law & Impact of International Companies-- Zoey

Contract Rules & Protection of Intellectual Property (IP)--Alvin

Employment Law & Overview of Key Legal Risk--Caroline

OVERVIEW

-federal country

-federal and provincial courts

-9 federal Supreme Court judges

-federal courts appeal in Buenos Aires & and other large cities

-“inefficient and open to political influence, despite recent reforms.”

HISTORY

1853- national (federal) Constitution was adopted

1994- last amendement

1990s-Reforms

1993-prison ombudsman

-Civil law system

Hierarchy of federal law

BASIS OF THE LEGAL SYSTEM

Dual judicial system with Federal and Provincial courts

Federal: focus on disputes related to maritime, aviation, intellectual property and transport disputes across different jurisdictions

Provincial: cover diverse areas of law in each province, including ordinary commercial disputes, civil and criminal matters

COURT STRUCTURE

Federal	Provincial
Supreme Court of Argentina	Provincial Supreme Courts
Federal Courts of Appeals	Provincial Courts of Appeals
Federal Trial Courts	Provincial Courts of First Instance

The justice of the peace

COURT STRUCTURE

Introductory stage	Pre-trial mediation proceeding Filing of the complaint with the court 15 working days for defendant to reply and defend with supporting documents and evidences Preliminary proceedings by the court
Evidence stage	First hearing scheduled by the court Declaration of the case as a matter of legal interpretation by the court Written closing arguments submitted by both parties
Ruling stage	Final decision by court
Appeal stage	Appeals to provincial courts of appeal or supreme courts
Enforcement stage	Enforcement proceedings for any non-compliance of the judgement

LITIGATION PROCESS

Codified legal system derived from ancient Roman Empire, which impacted most Western Europe countries

National and official language in Spanish based on its colonized history

Predominant religion is Catholicism and give rise to privileged status of catholic church

Diverse religious communities as a result of past immigration waves has fostered legislation focus on anti-discrimination and equality in human rights

Collective culture values social relationship and personal commitments, yet, detailed and lengthy written contracts retain an importance in formality and legal binding force

CULTURAL INFLUENCES

Protection of Property Rights

This protection is essential for businesses, as it establishes a legal basis for ownership and contract enforcement, as well as the fundamental principles of business law.

Equal Protection and Non-Discrimination

This principle will extend to business law, ensuring that businesses and individuals are treated fairly and equally before the law.

Economic Rights and Freedoms

This law laid the foundation for a legal and free environment for the establishment of business law.

Regulation of Commerce

It will be possible to formulate laws affecting business activities across regions and borders.

IMPACT OF BUSINESS LAW

IMPACT OF INTERNATIONAL COMPANIES

The Companies Law governs the establishment, operation, and dissolution of companies in Argentina.

It includes regulations related to import and export procedures, customs duties, and foreign exchange controls.

It covers issues such as working hours, wages, termination of employment, and employee benefits.

Argentina's tax system is regulated by the Tax Code, which establishes the rules for corporate income tax, value-added tax (VAT), and other taxes.

：COMPANIES LAW

：FOREIGN TRADE AND EXCHANGE LAW

：LABOR CONTRACT LAW

：TAX LAW

Code

Civil and Commercial Code

Contract Formation

Freedom of form (Oral or written, electronic contract)

Foreign language

No registration is required

Mandatory clauses

Consent of the parties, good faith, a valid object, a valid cause and the required form

CONTRACT RULES

Validity of Contract

Offer, acceptance and consideration

Formalities

Can be held invalid such as lacking capacity

Remedies for Breach

The innocent party may seek remedies

Dispute resolution clauses in contracts

Code

Intellectual Property Law

Covers various forms (books, music, films, software & visual arts etc.)

Lifetime plus 70 years.

No substantial examination

PROTECTION OF INTELLECTUAL PROPERTY

Trademarks

The National Institute of Industrial Property (INPI)

Lasts for 10 years

Distinctive character

National territory protection

Patents &Industrial Designs

INPI is responsible

Patents: 20 years

Industrial designs: 10 years

Trade Secrets

Against unlawful use

No registration

Enforcement of IP

Civil and criminal actions

Generally slow

EMPLOYMENT LAW

Employment Contracts

Minimum Wage and Working Hours

Leaves and Vacations

Termination and Severance

Collective Bargaining and Unions

Employment of Minors

Contract Types: Fixed Term and Indefinite contracts

Trial Periods: 3 months

Severance Pay based on length of service

Between 1 to 3 months' salary per year of service.

27,000 Argentine pesos per month

48 hours: 8 hours/day over 6 days/week.

Annual Leave

Sick Leave

Maternity and Paternity Leave

~35% of Argentina's workforce is unionized

Regulations prohibit employing minors under 16 years of age

Restrictions on hours/ type of work permitted for 16 to 18 year olds.

OVERVIEW OF THE KEY LEGAL RISKS

Economic and Political Instability

Regulatory Environment

Contractual and Commercial Risks

Labor Laws and Employment

Corruption and Compliance

International Trade

Currency Fluctuations

Policy Changes

Stringent Labor Regulations

Union Activity

Complex Tax System

Bureaucracy

Enforcement of Contracts

Business Disputes

Corruption and bribery issues

Compliance Challenges

Trade Restrictions: Shifting trade policies, tariffs, and import/export regulations

THANK YOU

Office of International Religious Freedom. (2022). 2022 Report on International Religious Freedom: Argentina. https://www.state.gov/reports/2022-report-on-international-religious-freedom/argentina/

Delatour and Rabasa. (2022). Litigation and Enforcement in Argentina: Overview. https://ca.practicallaw.thomsonreuters.com/7-519-1010?transitionType=Default&contextData=(sc.Default)&firstPage=true

The Foundation of the International Association of Defense Counsel. (2014). Survey of International Litigation Procedures: A Reference Guide. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.iadclaw.org/assets/1/7/SILP_Argentina.pdf

Encyclopedia of the Nations. (N.D.). Argentina - Judicial system. https://www.nationsencyclopedia.com/Americas/Argentina-JUDICIAL-SYSTEM.html

Katz. (2017). Negotiating International Business - The Negotiator’s Reference Guide to 50 Countries Around the World. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.leadershipcrossroads.com/mat/cou/Argentina.pdf

Garro, A. M. (2007). Judicial Review of Constitutionality in Argentina: Background Notes and Constitutional Provisions Notes and Constitutional Provisions. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://dsc.duq.edu/cgi/viewcontent.cgi?article=3559&context=dlr

REFERENCES

Hernandez, A. M. (N.D.) Judicial Federalism And The Protection Of Fundamental Rights In Argentina. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.acaderc.org.ar/wp-content/blogs.dir/55/files/sites/55/2021/11/JudicialfederalismFundamentalrights.pdf

Argentina 1853 (reinst. 1983, rev. 1994) Constitution - Constitute. (n.d.). https://www.constituteproject.org/constitution/Argentina_1994

Abdelal, Rawi, Amy C. Edmondson, Felix Oberholzer-Gee, Gustavo A. Herrero, and Regina Garcia-Cuellar. "Doing Business in Argentina." Harvard Business School Case 713-425, September 2012. (Revised September 2015.

REFERENCES

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