Sustainable Development and International Business Law Report

3856 Words May 10th, 2013 16 Pages
Sustainable development and international business law

1) Executive summary
This scenario involves four countries and four separate business transactions. Further, it involves several main legal issues which will be dealt with in the discussion. * The first issue is which law will govern the transactions between the parties – domestic or international law, and the implications of both. * The scenario raises the issue of the selection of incoterms which will best accommodate the interest of both parties in the first and second transaction between WCO and China and WCO and Philippines respectively. * The second issue raised is the difference in currency the parties would like to use again in the first and second
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Therefore it is the seller in each individual transaction. It has instructed Gubengi, which is their subsidiary, to act as subcontractor because of their use of cheap labour. WCO has a separate contract of service with Gubengi to produce the products for sale in the Pacific Rim.
Furthermore, WCO has five additional contracts. The first one for the sale of hard disc drivers to Chinese manufactures, where EnterLight Ltd is the Buyer. The second contract is for the sale of videogame consoles to the Philippines, where NeoTech Ltd is the Byer. The third contract is for the sale of 2,000 cars to Thailand, where PWT is the carrier who have a separate contract of service with WCO. The fifth contract is for the sale of 2,000 tonnes of fish to Japan, where Tottori Restaurants Ltd is the Buyer.
There are three main areas of issues in this scenario. Namely the terms which will govern the contract between WCO and Chine and WCO and Philippines and the currencies used, the transport and the passing of risk in the contract between WCO and Thailand, and the Bill of Lading and its significance on the contract between WCO and Japan. Additionally the sustainability issue will be discussed with reference to the responsibility for the manufacturing of the goods and the labour used for the latter.
Since the first issue relates to the first and second transactions, they will be dealt with under one umbrella.

GOVERNING LEGISLATION AND

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