Fittskills: Legal Aspects of International Trade

FITTskills
Legal Aspects of International Trade

Sixth Edition
Course objectives
• List the important clauses that should be

included in international trade agreements
• Explain the significance of international
treaties and conventions
• Explain the significance of “choice of law”
and “jurisdiction” in international contracts
• Identify the basic provisions of the WTO and
NAFTA
• Propose ways to limit product defects
liability in international markets
LA Ch 1-2
Course objectives
• List the reasons why intellectual property,

trademarks and inventions must be
protected in the global market
• Explain the significance of competition laws
and U.S. anti-trust laws
• Identify the basic rights and obligations of
buyers and sellers outlined by international
sale of goods laws
• Describe the legal issues that arise when
engaging in electronic commerce
LA Ch 1-3
An Introduction to
1 International Trade Law
Understanding the legal framework of
international trade
What is international law?
Issues The new

millennium
International
International
vs.
conflict
national
International
law
Sovereignty Codification
Natural
law
LA Ch 1-5
Sources of international law
Judicial decisions International

and the conventions
teachings of the
most qualified
publicists in the International
various nations customs as
evidence of a
general practice
accepted as law
General principles
recognized by civilized
nations
LA Ch 1-6
International treaties and
conventions
Treaties Conventions
Considered more serious Sponsored by an
in scope and function international organization
than conventions (for
example, peace treaties
and border treaties)
Must be ratified by the Negotiated issues are
states involved often included in the title
LA Ch 1-7
International customs
General practices are accepted as

law:
• Majority of world-states recognize the authority of
international customs
• Must provide evidence of general practice
• Accepted as law even if they are not codified (if
practiced consistently over time by a majority of
world states and if the custom is based in
universal morality)
LA Ch 1-8
General principles of law
What general principles

are recognized by
all legal systems?
Natural
Due process
justice
LA Ch 1-9
Subsidiary and other sources
of international law
Arbitration
Subsidiary
Sources
Uniform laws Acts of

Other
and codes of international
Sources
conduct organizations
Judicial Juristic National

decisions writings legislation
LA Ch 1-10
Subjects of international law
Primary
subjects
International Regional
States
organizations organizations
LA Ch 1-11
Subjects of international law
(cont’d)
Secondary
subjects
International
International non-
Multinational
Individuals civil society governmental
corporations organizations organizations
(NGOs)
LA Ch 1-12
Major branches of
international law
Public international law

International International criminal law
environmental law
International economic International space and
law aviation law
International human International maritime

rights law law
International International intellectual
humanitarian law property law
International diplomatic
and consular law
LA Ch 1-13
Major branches of
international law (cont’d)
Private international law

Conflict of rules International
commercial arbitration
law
International sale of Special issues of private
goods international law
LA Ch 1-14
Harmonizing international
business laws
The role of international

organizations:
• Manage and govern international trade

• Open borders
• Modernize customary exchanges
• Reduce trade barriers
LA Ch 1-15
The GATT
Three major rules

originally established
Provides trade rules and a Tariffs and the binding
forum for members to concessions rule
discuss and address trade
The most-favoured-nation
issues
rule
The national treatment
rule
LA Ch 1-16
World Trade Organization
Role and responsibilities

A place where member governments
go to try to sort out the trade
problems they face with each other
A set of rules, contracts and
agreements binding governments to
keep their trade policies within agreed
limits
A harmonious way to settle trade
differences through neutral procedures
based on an agreed legal foundation
LA Ch 1-17
UNIDROIT
International Institute for the Unification of
Private Law
• Independent, international
organization
• Studies the needs and methods
for modernizing and private
and commercial law
• Works between states and
groups of states
LA Ch 1-18
UNCITRAL
United Nations Commission on International

Trade Law
• Helps to overcome
disparities in national laws
governing international trade
obstacles
LA Ch 1-19
ICC
International Chamber of Commerce
• Paris-based industry group

• Attempts to harmonize private international law
• Plays a major role as an arbitration institution
• Works in tandem with the U.N.
• Codifying international contract terms: Incoterms
LA Ch 1-20
Additional organizations
Hague Conference on
Private International Law
Organization
for the
CDIP (Committee on
Harmonization
Development and
of Business
Intellectual Property)
Law in Africa
LA Ch 1-21
World legal systems
Common law
• Developed out of the British legal tradition

• Often referred to as “judge made law”
• Many areas are not codified or legislated
• Important to the U.S., Australia, Canada,
Singapore and Hong Kong
LA Ch 1-22
World legal systems (cont’d)
Civil law
• Legal systems that base rulings on existing
or codified law
• System is supported by a code that contains
important legal principles used as the
starting point for:
 Legal analysis
 Conclusive statements
• Imposes more constraints on judges than
common law
LA Ch 1-23
Shari’a law
• Islamic legal system derived from the

Qur’an
• Practiced in Saudi Arabia, Iran, Pakistan and
northern Sudan
• Prohibits unearned or unjustified profit
LA Ch 1-24
Asian legal
systems
• Similar to civil code

• Previous decisions can be persuasive in
court but are not binding
• Legal agreements are thought to be a form
of general understanding that can be
modified
• Based on a value of flexibility
LA Ch 1-25
Major court systems
In a majority of
world jurisdictions:
First Instance Court of Appeal Supreme Court

or or or
Trial court Second Level Court High Court
LA Ch 1-26
Canada’s common law system
LA Ch 1-27
Japan’s civil law system
LA Ch 1-28
Legislation and case law
System of rules and procedures that
Contract law governs the creation, validity, interpretation
and enforceability of rights and obligations
that have been voluntarily assumed
Tort law Standards of conduct and obligations that

are created by society in general
International Effective in countries only when

treaties implemented through legislation (at a
federal or provincial level)
Values that govern human freedom and

Human rights dignity that are codified in a nation’s
constitution or in treaties with other states
LA Ch 1-29

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FITTskills

Legal Aspects of International Trade

• List the important clauses that should be

• List the reasons why intellectual property,

Issues The new

Judicial decisions International

General practices are accepted as

What general principles

Uniform laws Acts of

Judicial Juristic National

Public international law

International human International maritime

Private international law

The role of international

• Manage and govern international trade

Three major rules

Role and responsibilities

United Nations Commission on International

International Chamber of Commerce

• Paris-based industry group

• Developed out of the British legal tradition

• Islamic legal system derived from the

• Similar to civil code

First Instance Court of Appeal Supreme Court

Tort law Standards of conduct and obligations that

International Effective in countries only when

Values that govern human freedom and

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