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9 Cards in this Set
- Front
- Back
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National Legal Systems
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Doing business in other countries subjects you to their laws. You must consider their rules with doing business in their country. They have national rules and national court systems you must follow
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Bilateral Treaties
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Treaties between 2 countries that bind those members with specific guarantees. They agree to enforce certain rules. (Ex. Bilateral investment treaty: protects investments in foreign countries)
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International Treaties and Declarations
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Treaties are binding among signatories. Have to find some way to implement obligations of treaties into national laws.
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Treaties are also known as
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Conventions
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Self Executing vs. Non-Self Executing Treaty
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Self Executing: Becomes law of country once it is signed and ratified. Non-Self Executing: A nation obligates itself to implementation but can do it in a variety of ways. Until a nation enacts into national law, it is not binding on its citizens. There is some controversy of non-self executing treaties on whether it has been adopted or not.
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Declarations
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Tend to be aspirational, not binding on signatories. A set of principals we hope the nations will follow. Set a standard on conduct.
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Customary International Law
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The law that is supposed to be universally accepted by all the nations on earth. Includes things like prohibitions against genocide and slavery.
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Private Arrangements
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Private actions not imposed by government are sometimes more important. (Ex. Code of Conduct). May be the best way to create social change.
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Convention on Contracts for the International Sale of Goods
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CISG is essentially the UCC for international goods contracts. It applies to all contracts for the sale of goods. It is a self-executing treaty (the nations that sign it enact it into its national laws). It was negotiated throughout the 1980s. Ratified by 80+ countries who are the major trading partners of the US. Applies by default. Does things like addresses when the seller has to provide the goods, what actually constitues an agreement. The CISG does not require contracts be in writing. The CISG can be overwritten by parties writing their contract differently. These are just default rules. You should change contracts to make this work for your businesses needs. Users should change the choice of forum (Where will dispute be litigated), Choice of Law (What law dictates interpretation, seller's place of business as default) and Arbitration Agreements.
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