International Business Law PDF

international business law outline what is international business law ? definition is a body of legal rules, regulations, treaties , and agreements that govern international business transactions 管理商业交易 scope covers a wide rang of activities inc...

international business law outline what is international business law ? definition is a body of legal rules, regulations, treaties , and agreements that govern international business transactions 管理商业交易 scope covers a wide rang of activities including international trade, cross border investment, international contracts, dispute resolution and intellectual property rights. key concept understanding public vs private international law and the impact of international agreements on national laws. How international Business law works? types of international law frameworks three types of international law framework public international law private international law regulates transaction between private parties, this would apply should a dispute foreign law is passed by apply to any international companies or person doing business in that country Differences between Domestic and International law - Law Making Process: Domestic Law: created by national legislatures and enforced by national courts. International Law: Formed through treaties, conventions, and customs and often requires cooperation among countries for enforcement. Jurisdictional challenges: Sovereignty: Each nation's right to govern itself, leading to variations in law. Extraterritoriality: Instances where a country's laws may apply to its citizens or entities beyond its borders. Practical Example: How a business operating in multiple countries must navigate varying legal requirements, such as different labor laws, tax regulations, and environmental standards. summary: the set of rules and regulations, governing, business across the globe is known as international business law. This could involve public international law, governing business between countries private international law, governing private entity transactions, or foreign law that encompasses all law enacted in a foreign country. Treaties, protocols, and conventions are all part of public international law. CHAPTER 2 SOURCE OF INTERNATIONAL BUSINESS LAW primary source : legally binding rules (have to follow) customary international law definition practices consistently followed by states out of a sense of legal obligation. examples Diplomatic immunity Maritime salvage customs General principle of law definition basic principles common to major legal systems. example good faith secondary source: interpretation and commentary Judicial Decision definition : role in interpreting and applying international law. Scholarly writings definition influence on the development and interpretation of international law International organizations role in creating, promoting, and enforcing laws. Example : WTO why is it important ? understanding where laws come from is crucial for interpreting and applying them in business. Treaties and conventions Definition: formal agreements between states what is the relationship between conventions and judicial sources? conventions (Treaties) are primary sources, judicial sources are used as a supplement (thus they are secondary). The position of general principles of law is unclear. some say that they have a 公约 条约 是主要来源，司法来源 separate standing in between primary and secondary sources. ( ) 作为补充 因此它们是次要的 。一般法律原则的地位不明确。有些人说他们在一手和二手资料 ( ) 之间有一个独立的位置。  Treaties and customs have equal standing, meaning that one does not dominate the other. However, many treaties represent codified the way things are " traditionally done" written down. chapter 3 international contracts basic of contract law definition of contract law a contract is legally binding between two or more parties. elements of a valid contract offer a proposal by one party to enter into an agreement acceptance unconditional agreement to the terms of the offer consideration something of value exchanged between parties labor contract elements of a valid contract awareness both parties must intend for the contract to be legally binding. legal purpose all contracts must comply with the law for all applicable jurisdiction where the contract will be enforced. legal capacity parties must have legal ability to enter into a contract.