Universidad Autónoma De Nuevo León

Facultad de Contaduría Pública y

administración

Licenciatura en Negocios Internacionales

Derecho internacional comercial

PIA

Raúl Reyes Villarreal

LL.B./M.B.A.
Group: 4Fi

Team:
1849732 Guerrero Vazquez Luis Roberto

Ciudad Universitaria, San Nicolás de los Garza, Nuevo

León, Octubre 25, 2021

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 Index

Introduction

Body

Topic 1

Topic 2

10

Conclusion

Bibliography

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 Introduction

What you are going to read in this final work of Law, will be about an investigation and a
reflection about the topics that we have seen throughout this semester, which undoubtedly
each of the topics that will be investigated are of utmost importance to know about each of
them and to be very well informed, and that is what I will investigate and talk about, each of
them.

The topics throughout the semester are very important to know and each of them has a lot
of information that will undoubtedly serve us for the future in our working life and when we
are professionals and we have graduated from this career in international business; As I
mentioned they are very important because it tells us how certain strategies can be
improved or even radically change to help the economy of a country, also know about the
incoterms and what to do when you import or export as it is not easy to do it alone, that
and more will be discussed in this research, helped that in each week that explained the
topics one was given a better idea of each topic and this makes it much easier to make this
theoretical framework, certainly a good job to investigate more of the topics and that will
help us to reinforce the knowledge of each topic that we have seen throughout the
semester.

Based on each topic you need to compile a lot of information on each topic but at the same
time put little in the work because not all the information can be put, even if it is important
one should only put the highlights, although in each topic that we saw throughout the
semester is of utmost importance to know and see each topic that was read.

It is only a little of the information that I will attend to the length of this final work, but no
doubt it will be a good complete work, as there are many more topics that are too
interesting and have too much to talk about and see, and that certainly help anyone to
improve in the field of law and those topics will be reflected here, each one of them and if
anything all the subtopics, although one would like to talk about all of them, it seems to me
that only a few of each topic is important, they are small topics that can be summarized in a
few words and that can be understood without any problem and that anyone would learn if
spoken in few words in my opinion, and it is more to not saturate so much information that
surely is not so useful.

So, without any doubt, this final project is a very complete subject and with good
explanations from the professor that helped to make the final project much easier.

One last thing to add is that the theoretical framework will be or is very helpful in the
development of this work, because from the beginning it makes you research about the
topic and its derivatives and know more or less what you are investigating and to do what is
the theoretical framework, because you need to know and then with your own knowledge
to develop the theme to what you understood of each topic and subtopic, and that helps a
lot to reinforce and have more present the topics that were discussed throughout the
semester, an element that certainly should be implemented more or should have more
importance because it helps you too much and educates you very well in all aspects of the
subject, a good final project to be done and to be developed.

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 Body

Topic 1: General principles of international public law

International public law

“Public International Law is composed of the laws, rules, and principles of general
application that deal with the conduct of nation-states and international organizations
among themselves as well as the relationships between nation-states and international
organizations with persons, whether natural or juridical.” (Max Planck Encyclopedia of
Public International Law)[1]

Accord the Max Planck Encyclopedia of Public International Law the first thing that is said:
as stated in the quoted text of the definition of public international law, it is a branch of
foreign public law, and it studies and regulates the behavior of states and other
internationals, and guarantees peace and international cooperation, through rules or norms
made internationally; in short, it is the legal order of the community worldwide. With this
much can be said and at the same time little can be said about the subject, since it is a right
or a law that regulates and improves the environment in an international way among
individuals, and that also undoubtedly regulates them and tells them what are the things
that one can do and others that one cannot do for the good of each of the people of the
country to which it corresponds. The current system of public international law can be
defined as the set of legal rules and principles that hierarchize and coordinate them
coherently. These are intended to regulate the external relations between sovereign
subjects, the States, and other subjects (atypical subjects), which are also conferred the
quality of subjects of international law. It is very well known about the things that this law
does for the community or for the world, but we must also look at international treaties,
see what they are and what types they have, something that is very helpful and that is
important to know about each of them.

What it is the International treaties?

“Treaties (also called covenants, protocols, acquis, conventions, pacts or charters) are
international agreements between states and/or international organizations. Treaties are
primary sources of international law.” [2]

As its definition states, an international treaty is an agreement concluded in writing, like any
other type of treaty, between States and governed by international law. But it also has
different types of treaties, and we will see below some agreements and what they entail.
First we have the Armistice, which is an agreement between the belligerent states to
terminate in an agreed and provisional manner to put an end to the war without having to
do much. Then we have the concordat, which is an agreement between states whereby
they agree to submit a dispute to arbitration, either to improve it or to change some things
about it, since it sometimes requires a change for the sake of its existence. Convention, this
international agreement whose objective is to enunciate certain rules of international law,
this agreement is applicable to a large number of States. Protocol is mainly used to
designate an instrument that modifies or complements a multilateral or bilateral treaty, but

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it is also used for a single treaty. Interinstitutional agreement, which applies to an
administrative unit within the scope of its powers. Now thanks to talk about this topic of
international treaties we can give way to the next one, which is about a very famous treaty
in our country and besides being the one that has more function on the economy, we talk
about the mythical T-MEC treaty.

T-MEC Treaty between Mexico, USA and Canada

“The Trade Agreement between Mexico, the United States and Canada (T-MEC, or
USMCA/CUSMA), which entered into force on July 1, replaces the 26-year-old North
American Free Trade Agreement (NAFTA).”[3]

Accord We know that this treaty is the strongest of all the country, because without it the
economy would not be well, because although we export a great amount of products and
goods, we also need more from other countries and what better than to have our 2
neighboring countries like Canada and USA. With this treaty we not only promote digital
growth, but also greater access to financial services, strengthens the rights of workers,
among other good things for the 3 countries.

Topic 2. General Principles of international private law

Definition of International private law

To understand a little about what private international law is, we consulted Peace Palace
library's[4] definition of private international law, which is "Private International Law or
International Private Law governs the choice of law to apply when there are conflicts in the
domestic law of different countries related to private transactions. This means that there is
a dispute or transaction that involves one of the following: what jurisdiction applies - choice
of court, forum selection, renvoi (transfer of proceedings), choice of applicable law, and
recognition or enforcement of a foreign judgment.”

As we can see, we talk about private international law as if it were a set of rules, and these
in turn regulate the private relations of persons in different states. This law indicates to the
courts how to solve conflicts and which law should be applied in order to have a good way
to solve the problem that has been. A private law that has many things to talk about and
how it can be divided into so many, since we can see its objective, to its same
characteristics, is very complex as the public law, but in different ways and with different
rights to the public but certainly have the same purpose and is to have a good way to
resolve any conflict or anything else between people in the states or any state in the world.
But now let's see about its purpose and why it is different from public law, since they must
have too many different things and both bring a good law to all citizens.

What is the objective of international private law?

As the question says, what is the main objective of private international law, which is what
motivates to have a better way to resolve conflicts of any citizen of the world or any state,
according to UK law societies [5] “Private international law aims to allow streamlined civil

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judicial cooperation across national borders. It seeks to avoid the need for multiple sets of
court proceedings relating to the same dispute, particularly where there is a risk that these
could result in conflicting judgments. All of the parties therefore save time and money by
having their dispute resolved in a consistent and efficient manner, and this in turn improves
access to cross-border justice for ordinary citizens”

As it says, its main objective is nothing less than having better rights, its purpose is to give
an adequate and fair response to the problems of citizens and help them to solve them in a
perfect way in the courts, the main function is also to make people know which right, which
state, and which courts to go to, all this in a very simple way, all this is done with the
purpose that the average citizen knows what to do when applying this right, who knows
how to give a good use and that is in a good way without any kind of problem.

Jurisdiction and Unidroit

Jurisdiction is the function and power of judges to resolve disputes that come to trial within
their competence. What does within their competence mean? It means that not all judges
can judge everything. That is, the law will establish which judges will be in charge of which
cases. It is something simple to understand and in certain cases it is correct that this is done
since one will never know with what type of judge one has a trial and what better than to
have a quality one that complies with things and respects the law as it should be, a simple
and easy to understand concept. The law will determine which judge has jurisdictional
power. That is, who can judge a lawsuit depending on the territory where the crime was
committed or where the defendant lives, for example. It will also depend on what kind of
action is being brought by the plaintiff, civil, criminal, labor, etc. A definition that does not
require much information gathering as it is somewhat simple to understand and make use
of, a good that should always be in every law or in every court where a trial is held. Now we
can talk a little bit about what the Unidroit is.

According to the organization Unidroit [6], its function is “The International Institute for the
Unification of Private Law (UNIDROIT) is an independent intergovernmental Organisation
with its seat in the Villa Aldobrandini in Rome. Its purpose is to study needs and methods
for modernising, harmonising and co-ordinating private and in particular commercial law as
between States and groups of States and to formulate uniform law instruments, principles
and rules to achieve those objectives.”

As the organization itself says, it seeks nothing more than to study and make the needs and
methods to modernize private law well, among states and some groups of states.
Undoubtedly a great organization that alone seeks what is a good way to see and do things
for the private law of every citizen of different countries and states, to make it much better
than it is now, so to speak seeks to simplify more private law and strengthen it at the same
time with new laws and much better to protect the average citizen, have been doing this or
looking for solutions for years and no doubt they will achieve and make a better private law
for the citizens of any state in which they have been or apply this private law. A different
way to help citizens and that the organization is, a great organization that helps everyone so
that their right and their voice is put in good hands and that they comply well when making
judgments or anything else related to law and its derivatives.

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Topic 3. Government’s perspective on international law

What it is “Subsecretaría de Comercio Exterior”?

"La Secretaría de Comercio Exterior is the Federal Government agency empowered to carry
out the negotiation, administration and defense of international trade and investment
treaties and agreements, as well as to establish policies and measures for the operation and
facilitation of foreign trade. Its mission is to contribute to the development, productivity
and competitiveness of the Mexican economy through the design and execution of
international trade policy, as well as the conduct of international trade relations and
negotiations in which Mexico participates.” According with the Gobierno de México [3]

As the very definition of the Mexican government itself states, the work of the Secretariat is
nothing more than helping to improve the development of the Mexican economy, and how
they plan to achieve this is easy, by supporting the defense of international trade and
investment treaties and agreements. Since in these years it is nothing more than important
to export and import the products and goods that the Mexican population produces,
although the country itself can survive and have a good economy, globalization is something
that must be present or is present in every country, and this helps in a significant way to the
development of any economy in the world, but now we are talking about just Mexico and
how its government plans to make its economy succeed again with this help and
administration of the treaties that it has already established with other countries in the
world. We can also talk a little about its objectives, which are nothing new from what has
already been mentioned so far: Negotiate new agreements, administer and improve
treaties, represent the country, facilitate trade and promote the country's investment, etc.

Mexico in the global Market

As we know Mexico has several treaties with different countries so that these help to
improve the economy and also that these treaties create an alliance with the country with
which the treaty was made, we could say that this is a win-win situation, since not only
Mexico is strengthened but also has more things from a particular country, but now we will
see how Mexico is involved in some treaties and what each of them represent and how they
work.

The first one that is presented to us and that Mexico participates in is the OECD, and the
same organization tells us what they are and how they work: “The Organisation for
Economic Co-operation and Development (OECD) is an international organization whose
mission is to design better policies for better lives. Our goal is to promote policies that
foster prosperity, equality, opportunity and well-being for all people. We are backed by 60
years of experience and expertise to better prepare tomorrow's world.” According to the
official OECD web [7]

As mentioned by the same organization, the OECD seeks to have better policies for any
average citizen of a country that is associated with them, and thus have a better life for the

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citizens of the country, certainly a good way to help people, what better than improving the
rights that one already has but make them better and that these same are respected and
have

Now we have another one where Mexico also got involved and gave its support so that it
could be very outstanding and give its services and better things to the country, the
government of Mexico [3] tells us according to "The Asia-Pacific Economic Cooperation
(APEC) was established in 1989 to take advantage of the growing interdependence of the
Asia-Pacific region. Was established in 1989 to take advantage of the growing
interdependence of the region's economies. Economies in the region. APEC aims to create
greater prosperity for the people of the region by the region by fostering inclusive,
equitable, sustainable and innovative economic growth, sustainable and innovative
economic growth. APEC's economic weight is significant: its 21 members account for 54
percent of the world's GDP and 44 percent of the world's GDP. Of world GDP and 44
percent of world trade.”

Mexico joined APEC in order to boost its economy even more and thanks to this it is more
than obvious that it did very well, since it was integrated Mexican imports from Asia
multiplied by more than thirteen times, it was and is a good idea for Mexico to have
established a good relationship with an economy as large as the Asian one, since China is
one of the largest and most exporting economies, and that benefits Mexico without any
problem.

And now we have the ALADI and this one is said that [8] “The Latin American Integration
Association (ALADI) is an intergovernmental organization that promotes the expansion of
the region's integration in order to ensure its economic and social development. Its ultimate
goal is the establishment of a common Latin American market.”

This is exclusive to the countries of Latin America and is only responsible for the countries
involved to have a good economic development and that is perfect for each country in
general.

Now we will talk about another one where Mexico is involved or is a participant, and we are
talking about the World Trade Organization and the same organization [9] by definition says
that "The World Trade Organization (WTO) is the only international organization that deals
with the rules governing trade between countries. The pillars on which it rests are the WTO
Agreements, which have been negotiated and signed by the vast majority of countries
involved in world trade and ratified by their respective parliaments. The aim is to help
producers of goods and services, exporters and importers to carry out their activities.”

As the same definition tells us the organization that Mexico joined, seeks to help the
standards in trade between countries, since as we know and as we have been talking about
throughout this work, the facilitation of trade between countries is convenient in a good
way, as it makes a better relationship between countries and helps imports and exports
between the countries involved have good prices and is better and always complies with
everything established by law and that they are legal and not illegal things. Its objective, its
main objective is to help goods and services a lot, so that they go ahead and have a better

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impact on the market, something that is very necessary and any country is grateful that this
happens, undoubtedly one of the best organizations that Mexico could enter and that will
help too much to improve the Mexican economy and that more of the products of our
country are imported.

GATT

“The General Agreement on Tariffs and Trade (GATT) covers international trade in goods.
The operation of the General Agreement is the responsibility of the Council for Trade in
Goods (CTG), which is composed of representatives of all WTO Member countries. The
current Chairman is Ambassador Lundeg PUREVSUREN (Mongolia).” According to the World
Trade Organization [9]

The way GATTs operate has evolved over the last 20 years, until the agreements have
become multilateral and must be complied with. Meetings are held annually at which some
countries present their proposal to remove tariffs on certain goods, since they are the most
interested in having their products or those of which they have a surplus marketed in other
countries and an adequate outlet for them. The other territories, in parallel, make other
proposals on products in which they remain interested and, on the basis of this and a study
of the type of house and universal, a consensus is reached on the type of tariff to be
imposed or directly on the lack of tariffs. Naturally, each territory will fight for lower tariffs
on the products it exports, and in parallel will seek to defend local producers against
imports.

Topic 4. Intellectual property in international law

Introduction to the intellectual property in international law

In the updated economy, commercial transactions are more complicated, cost chains now
extend worldwide and the circulation of intangible capital, such as inventions, designs,
trademarks and construction works, all of which remain safeguarded by intellectual
property rights, is growing. Faced with such a scenario, once the intellectual property rights
that safeguard these goods and services that transit internationally are infringed, the court
rulings that punish such infringement also have an impact on the global sphere. Even
though intellectual property rights have an impact in the territorial field, the interconnected
nature of the modern economy means that judges often have to deal with intellectual
property rights disputes in which intellectual property legislation and universal private law
converge, since it is this branch of law that legislates interactions between individuals in
different territories.

International treaties on Intellectual property

The first agreement we have on intellectual property is from Paris, and the WIPO [10]
website tells us "The Paris Convention, adopted in 1883, applies to industrial property in the
widest sense, including patents, trademarks, industrial designs, utility models, service

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marks, trade names, geographical indications and the repression of unfair competition. This
international agreement was the first major step taken to help creators ensure that their
intellectual works were protected in other countries.”

The substantive provisions of the convention fall into three main categories: national
treatment, right of priority, and customary rules. Under the national treatment positions,
the convention institutes that, in relation to industrial property, all states participating in a
contract should accord to the inhabitants of other contracting states the same guardianship
that it accords to its nationals. Inhabitants of non-contracting states are further safeguarded
by the convention if they remain domiciled or have a real and effective industrial or
commercial establishment in one of the contracting states. This convention provides for the
right of priority in the status of patents (and practical models, if any), trademarks and
industrial designs. This right supposes that, on the basis of a first regular application filed in
one of the contracting states, the applicant will be able to apply for custody in any person of
the other contracting states, within a defined term; then, the latter applications will be
considered as if they had been filed on the same day as the first application.

Patents, software and trademarks

First we have the patents, and for that I search for the definition of WIPO [10] and this is
what it tell us about “A patent is an exclusive right granted for an invention, which is a
product or a process that provides, in general, a new way of doing something, or offers a
new technical solution to a problem. To get a patent, technical information about the
invention must be disclosed to the public in a patent application.”

We can say that a patent is a unique right granted by the State for the defense of an
invention, which gives exclusive rights that will allow you to use and exploit your invention
and prevent third parties from using it without your consent. If you choose not to exploit
the patent, you can sell it or assign the rights to another company to market it under
license. Patents, also known as invention patents, are the most widespread means of
defending the rights of inventors. A patent is understood as the sole right granted by the
State for the custody of an invention. The patent gives its owner the sole right to prevent
third parties from commercially exploiting the protected invention for a limited period of
time, in exchange for disclosing the invention to the public. Therefore, the owner of the
patent (its holder) can prevent others from manufacturing, using, offering for
commercialization, selling or importing the patented invention without permission, and
have the possibility of suing whoever exploits the patented invention without his
permission. In other words, the patent is based on the right granted to a developer by a
State, which enables the developer to prevent third parties from commercially exploiting his
invention for a reduced term, usually 20 years.

“A trademark is a sign capable of distinguishing the goods or services of one enterprise from
those of other enterprises. Trademarks are protected by intellectual property rights.”
According to WIPO web [10]

A trademark is the commercial name of a product, or organization identified in a legal and

juridical way because it has been registered before the authority in charge of the matter,

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and whose author is the exclusive one who can make use of it. After being registered, it
could not be used by another company or trade. Trademarks never expire their registration,
unlike patents that have a reduced period of 20 years, and after this period anyone can
make use of it without the need to have the consent of the owner who created it. An
organization's trademark is substantial, since it is its seal of identity and is easily
recognizable by market users. Trademarks have the possibility of increasing the symbols
involved in this administration which are the R which stands for registered, TM, or MR,
registered trademark. It is not something forced, however it is interesting to value it
because it is reported that such trademark is already registered, and it is suggested that it
could not be used.

Once a computer program has been created, it is usually easy to reproduce it at very low
cost. Therefore, if they are not adequately protected against copying and unauthorized use,
software producers will not be able to recoup their investments. The specificity of computer
programs lies in the fact that they perform various functions by means of expressions
written in a computer language. While copyright protects the "literal expressions" of
software, it does not protect the underlying "concept" of the software, which often lies at
the heart of its commercial value. Since these concepts often correspond in software to the
performance of technical functions such as machine control or data processing,
programmers have begun to seek protection for software through the patent system.
According to WIPO [10]

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Conclusion

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 Bibliography

1. Grant, Professor Emeritus of International Law John P, & Barker, C. J. (2009). Parry
& Grant Encyclopaedic Dictionary of International Law (3rd ed., Vol. 3). New York,
USA: Oxford University Press, USA.
2. LibGuides: International Law Research Guide: International Treaties. (2015, 29
agosto). Recuperado 27 de octubre de 2021, de
https://libguides.uchastings.edu/international-law/treaties
3. Gobierno de México. (2016, 19 junio). ¿Qué es el T-MEC? Recuperado 27 de octubre
de 2021, de https://mipymes.economia.gob.mx/exportar-2/t-mec-2/
4. The UK law societies. (2021, 27 febrero). Private International Law - Key Features
and Responsible Institutions. Recuperado 27 de octubre de 2021, de
https://www.lawsocieties.eu/news/private-international-law-key-features-and-
responsible-institutions/6001671.article
5. Peace Palace Library. (2017, 16 agosto). Private International Law | Peace Palace
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https://www.unidroit.org/about-unidroit/
7. OCDE. (2014, 12 agosto). La Organización para la Cooperación y el Desarrollo
Económicos (OCDE) diseña mejores políticas #ParaUnaVidaMejor. Explora las cifras
clave de nuestros programas de trabajo: Recuperado 28 de octubre de 2021, de
https://www.oecd.org/acerca/
8. Subsecretaría de Relaciones Económicas Internacionales. (2016, 13 enero). Qué es
la ALADI. Recuperado 28 de octubre de 2021, de
https://www.subrei.gob.cl/organismos-multilaterales/aladi-asociacion-
latinoamericana-de-integracion/que-es-la-aladi
9. OMC. (2018, 20 abril). OMC | ¿Qué es la OMC? Recuperado 28 de octubre de 2021,
de https://www.wto.org/spanish/thewto_s/whatis_s/whatis_s.htm

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10. WIPO. (2017, 30 septiembre). Paris Convention for the Protection of Industrial
Property. Recuperado 28 de octubre de 2021, de
https://www.wipo.int/treaties/en/ip/paris/

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