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"The Land of the Rising Sun"







Wednesday, June 15, 2011

INTERNATIONAL LAWS


International Law is comprised of (1) treaties, (2) decisions of "international courts" (e.g., the International Court of Justice), (3) the past practice of nations and (4) the writings of international law scholars. As such, International Law is distinct from "Foreign Law," which is the law of other countries.
Interantioanal law is often defined as the body of rules and norms that regulate activities carried on outside the legal boundaries of states. More particulaly, it is the law that applies to three interantional relationships: (1) relations among nation-states; (2) relations among individuals (including corporations) and foreign nations; and (3) relations among individuals from different nations.
Public International Law--Public international law governs the relationships between national governments, the relationships between intergovernmental organizations, and the relationships between national governments and intergovernmental organizations. It regulates governments and intergovernmental organizations across national boundaries.
The sources of international law are based on Article 38 of the ICJ Statute[4]:                    
  • International conventions (treaties);             
  • Customary law (general practice of states and intergovernmental organizations that are legally binding and generally recognized by all states);
  • General principles of law; and
  • Judicial decisions and the teachings of the most highly qualified publicists of the various nations.

Private International Law--Private international law governs the choice of law to apply when there are conflicts in the municipal law of different countries related to private transactions between those countries. Often it is known as conflict of laws. National laws are the primary sources of private international law. However, private international law is also embodied in public international law sources, especially treaties (for example, the Hague Conventions[5] on Private International Law). Private international law deals with topics such as contracts, marriage and divorce, jurisdiction, recognition of judgments, child adoption and abduction, and many other areas.

Foreign Law--Foreign law is essentially national or subnational law. It defines the role of governments to the people they govern and controls relationships between people. It may regulate foreign persons and entities, but it does not have effect outside the boundaries of a nation. Foreign law is embodied in constitutions, statutes, regulations, and court decisions. Constitutions, statutes and regulations are primary sources of law for all jurisdictions. Courts decisions are also primary sources of law in common law jurisdictions, but are considered secondary sources of law in civil law jurisdictions.

The three forms of international business, or methods of entering a foreign market are:
            trade
            the licensing of intellectual property
            foreign direct investment
            over 266,000 individual identified exporters
Successful exporters make long-term commitment to their foreign markets and customers and undertake an export plan.
The US share of world merchandise exports is at 8.0 percent
The management of international business is the management of risk. This includes political risk, such as the risk of war, terrorism, or political instability, as well as commercial or transaction risk. The successful international manager is one who will plan in advance to manage the unique risks of international business.

ISO (International Organization for Standardization)

ISO is the world's largest developer and publisher of International Standards.
ISO is a network of the national standards institutes of 162 countries, one member per country, with a Central Secretariat in Geneva, Switzerland, that coordinates the system.
ISO is a non-governmental organizaiton that forms a bridge between the public and provate sectors. It enables a consensus to be reached on solutions that both requirements of business and the broader needs of society.
A global quality management standard. It applies to all types of organizaitons. A network of standards institutes from 159 countries with a central office in Geneva, Switzerland, and was established in 1947 to develop commom international standards in many areas.A gap analysis will tell you exactly what you need to do to meet the ISO 90001 standard.
The ISO 9000 family of standards represents an interantional consensus on good quality management practices. It consists of standards and guidelines relating to quality management systems and related supporting standards.
HOST COUNTRY--Prior to the arrival of a U.S official intending to conduct judicial assistance activity abroad, it may be necessary for the U.S. consulate to deliver a diplomatic note to the Ministry of Foreign Affairs.  The note explains the purpose of the travel and requests permission for the U.S. official to conduct judicial assistance activity.  This notification may or may not be required, depending on the nature/purpose of the trip and the sensitivities of the host country.

U.S. Companies Doing Business Abroad: You can look up U.S. companies doing business abroad in American Firms Operating in Foreign Countries (also available in print), the Directory of Corporate Affiliations and Dun & Bradstreet. You could also try contacting the relevant U.S. embassy, chamber of commerce, Foreign country's trade agency, etc






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