Professional Documents
Culture Documents
Course Objectives
Identifying the International Business
LAW
1-13
Contract
22- 40
What Is Law?
A rule established by authority A rule established by society A rule established by Custom The body or system of such rules The Control or authority imposed by such system of rules WAY LAWS ARE RULES MADE IN THE PROPER AND FOR THE RIGHT REASONS
Development of LAW
ROMAN
&
COMMON
ROMAN
Decisions were made by judges or juries, the written record of those decision was not kept. The decisions were passed on by word of mouth from generation to generation. During the reign of the Emperor Justinian ( A.D 527 565) a great body of law was developed and WRITTEN.
WRITTEN LAWS
Development of LAW
ROMAN
&
COMMON
COMMON
The English system, it is the body of legal
decision made by English courts judges, under the authority of the king, over a period of many years. English judges traveled to various communities in their locality to hold court and try cases. The made decisions based on local customs and traditions but they did not write those decisions down.
UNWRITTEN LAWS
activists carried on outside the local legal boundaries of nations, in particular, it regulates three international relationships: 1. Between STATES and STATES 2. Between STATES and PERSONS 3. Between PERSONS and PERSONS
International Law
Public International Law
State responsibility to Aliens Law of the sea Law of the air International Dispute Settlement Sources ( custom, treaties and conventions) P7 Scope (subservient capacity & function treaty, doctrine incorporation/ domestic law & transformation/ inter. law, and agreement )
P12 (UN 23 / 28)
Business Law
Business Law is the part of the law that deal with business or commercial transaction, including the area of : CONTRACTS NEGOTIABLE INSTRUMENTS The PURCHASE and SALE of GOOD BUSNINESS ORGANIZATION and AGENCY
The Sources
SOURCES
** International convention / sponsored by international organizations, such as UN ** International custom / some rules have simply been around for such long time ** General principles of law recognized by civilized nations / ** Treaties / agreements between one or more nations
Independent
Dependent
Inchoate p16
International Organizations:
FAO ICAO IFAD ILO IMF IMO ITU UNESCO UPU WHO WIPO WMO World Bank IBRD IDA IFC p29
INCOTERMS
The IN CO TERMS provide a common set of rules for the most often used international terms of trade.
LEGAL SYSTEMS
The Romano Germanic Civil Law
System System
P45
P51
UCC
USA, it is code, which has been
adopted in all fifty state, the District of Colombia and the most U.S. territories.
Uniform laws governing commercial
transaction
jurisdictions.
( III )
Contract
Contract
A Contract is any agreement between two or more parties that a court will enforce because the agreement creates legally binding obligations between or among the parties.
PARTIES
LEGAL PURPOSE CONSIDERATION
Contract
AGREEMENT:
Contract
PARTIES:
Competence parties, those having the legal and mental ability to enter into binding contract
Contract
LEGAL PURPOSE:
Contract
CONSIDERATION:
Contract
A Contract is any agreement between two or more parties that a court will enforce because the agreement creates legally binding obligations between or among the parties.
CISG The United Nation Convention on contracts for the International Sale of Goods
Came into effect on January 1st. 1988
CISG
The CISG is organized in four parts:
PART I
= the rules PART II = the formation of contracts PART III = the rights & obligations PART VI = the ratification
(A) when the states are Contracting States; Or (B) when the rules of private international law lead to the application of the law of a Contracting state
stating the quantity, the price, the time for delivery, and the packaging specifications (in polyethylene bags).
indicating that the merchandise will not be packaged. The German importer confirms the delivery date. After an initial shipment of 84 tons, the German importer refuses to take delivery of the remaining 116 tons. He had experienced difficulties with the German food agency.
be an acceptance but contains additions, limitations, or other modifications is a rejection of the offer, and constitutes a counter-offer.
THANKS