Friday, January 31, 2020
International Law In Business Dispute Essay Example for Free
International Law In Business Dispute Essay With the diversity in the exchange of business portfolio continues to grow, a rational legal device should help to solve the various conflicts that arise in various international business conflicts developing from such business transactions. The international business and trade are basic pillars for the growth and economic sovereignty of the global states. The compliment of comparative and absolute advantages will constantly remain upraised. Hence therefore, the global states will remain morally upright in exchanging commercial activities and products from one state to another.            Like any other activity operating within social dimensions, business activities are partied with various conflicts. However, with the rationality ascribed to the conflict theory working within social structures, the same is critical in providing standards of social changes and revolutions. Perhaps, without conflicts within business structures, the same cannot strike a step ahead in horror of growth and development. However, the same business conflict is impartial in preventing adequacy of cohesion in international business standards. With the counterfeit results of international business conflict, a rational analyst would be indifferent of the role played by the international business in the same. Therefore, one would perhaps ask, does international law provide an environment for settling business disputes? If yes, what are codes of its dimensions? However, the logics to this thesis statement would call for sublime academic research for a scholar who would not compromise the authenticity and valid support of a research work.[1]            The international businesses and trade operates within the international environment, business structures, parties into business contracts and legal and priority requirement into international business contracts. With the diversity into the activities found beyond the national business borders, then the foundations of these transactions is ratified by the activity of persons founded on diversity in racial backgrounds, ethnicity, domestic constitutions and commercial laws, above other fundamental human basics.            However, these differences should be brought together in a common understanding in the person’s within the contractual authorities of international definitions. Perhaps however, international law brings comfort to the international business family providing a support for general cohesion and exchange of activities across the national borders. Throughout its mission, the law provides tools of support for the activities and structures operating within the general framework of the international business. In a short hand, a rational being may purport this as the positive contribution of the international law in settling business disputes. However, the same law is deemed as a basic support for increased international chaos and disputes. On grounds of rationality, this is the negative impact of internal law in settling business disputes.[2] For impartiality in both of the phenomena, stakeholder into their detailed description should never be compromised. Advantages of international law.            Summarily, one can say that international law does to business what Aristotle did for the school of philosophy. The domain of the international law contribution to business would perhaps open volumes of discussion if taken at a deep emphasis. However, a sub detailed analysis would still provide a support for the same.            Within the international business, an encapsulation of activities of intensified nature is the operational attire of the system. These activities are compounded by diversity in their attributes and volume of work. It involves transactions of broad nature brought forward by nationals of different human understanding. Due to the diversity in these activities and domestic legal authorities, parties into these activities often find themselves trapped in the pool of conflict between one another, structures and activities. For harmony into the business activities, international business comes to provide understanding and harmony into such business prospects.            Firstly, the environment, within the international business activity ought to be taken care off. Various production, distribution and business transaction processes involve dimensions that are threat to the environment. The global environment has continued to suffer degradation due to various commercial activities such as factory exhaustions and productions, the maritime activities like oil spillage, over exploitation of resources by the investors, general product dumping above others. The global environment is the most fundamental factor which defines the rationality for livelihood within the globe. Its degradation fosters a threat to the broad image of humanity. However, international law comes in to provide refuge for the global environment through various environment laws such as, the international marine laws, aviation laws, and commercial laws above others.[3] The package of the national laws is inadequate and perhaps is radically inefficient to factor in the responsibility of international environmental attributes.            Elsewhere, the international business involves various contractual relationship based on international foundations. Due to the generality of business environment, a breach into the contracts has been discretionary the fundamental daily concept. Such breaches would be impersonalized and irrational if promulgated under the imagery of the national business law. However, international business does coherent validation in breached contractual relationships of an international capacity. Through the codes and regulations of its various internal laws such as the international arbitration, such conflicts are brought down into formal spheres of logical formalities. It therefore seeks to invite legal modalities that govern the transactional portfolio of international contracts.            Indeed, a broad package of instruments is waived in the international business activities. The validation of there transaction would be limited by the legal requirements of commercial activities at the national imagery. Various instruments are required in the due execution of international business activities. Generally, the diversity into the transactions also provides a task force for diversity into the negotiable and activity transfer between different parties. The rationality in the administration, creation, transfer and the use of international business instruments is provided by the formalities of the internation business law. This will radically help to provide pursuit of harmony to those involved in transfer of business process.[4]            At the international parameter, consumer sovereignty and protection is never compromised. The law has provided that, products and processes within the dimension of business law should articulate standards with which sovereignty and the general health and purchase price support to the consumers should remain a priority. Elsewhere, it has never compromised support in maintenance of high standards of products, services and processes that are not harmful for human consumptions. Indeed, the GATT law stands to provide refuge on commodity dumping and maintenance of high quality products.            The international business operates within organizational structures. These may include aviation (both air and marine), factory stands, resource depots, banks, the legal bodies, above others. The proficiency should be maintained which is adequately catered for by the international law.            Broadly therefore, international law is compounded by various advantages with which the success and promotion of the international business is fostered Disadvantages of international law.            Though coupled with various advantages, the same is not limited to a number of weaknesses. Conventionally, international business acts within the broad structures of the international business portfolio. However, this environment captures person’s of different nationalities with limited scales of common understanding. A collaboration between these persons in however hypocritical and only limited to the attributes with which the parties may be willing to understand one another.            Consequently, international law has been the main source of global misunderstanding and the major pivot concept that provide a tool for interstate conflicts. Different parties and state into international business have echoed on various disputes and conflict whose raw synthesis is potentially rooted in the understanding of the international law.            Domestically, the business activities are safeguarded by the domestic commercial laws. However, such laws are only limited to the economic structures found within the spectral national boundaries. With the diversity into the economic empowerment of the different global states, their national law stands to be different in an adaptation of the structures operating within them. The economic authorities of different state activities validate them to operate in within different state activities and within different commercial laws. Elsewhere, the general difference in the economic dignity of different states imposes chaotic relations when a balance of understanding is employed to resolve international business activities.[5] The rational beings have never been at ease to compel at in providing a solitary understanding between business conflicts born between parties or states of different economic orientations. Summarily therefore, international law has been a basic source of misunderstanding and chaotic asymmetries between different nationalities.            Conventionally, international law stands to be a basic source of various global conflicts. Many people have ascended to this law as being a chief source of benefits at the expense of the others. Either, the same has being seen as a source of success to the highly developed and economically potential nations. The less developed and poor nations have however been seen as objects of exploitation by these laws. This is the foundations into the state of global conflicts and misunderstanding.            Broadly, different statues of the international laws have applied different in the domain of international business. Firstly, the labor laws provide a descent support on employment and personal protections at the workplace. These laws have been developing to provide material support that governs the rules and regulation for the international labor supply. The same has been developed via a coherent support with which the role of the workforce is to be given a support. Labor laws have been used to provide protection in terms of salary and wage payment so that workers are not exploited of the labor resource against wage package that does not provide for their sovereignty and high living standards. Either, it seeks to protect persons from effects of poor working conditions. Generally, international labor law is a package of administrative laws that provide adequacy in the working conditions of the people at their workplace. It also governs the international exchange of labor force. Consequently, it provides a support for equality in employment opportunities without discrimination into the grounds of  ethnicity, gender, nationality, race, religion and other parameter. It also encapsulates the avoidance of juveniles and young people from labor exploitations. Summarily, this law package provides a tool for a coordinated approach in the framework of labor within the international image.            Either, the sovereignty of holders of intellectual property rights and the role of internet has been of a great value indeed. The development of product and service has fundamentally been seen as an important factor if the state of international business is to be rationalized. Though the scope of intellectual property rights is too broad, a short hand summary of the concerned remains objective. The international law has however not overlooked the role played by the intellectual property ownership.[6] Indeed, various laws have been instituted which seek to govern the sovereignty in the rights of the intellectual property holders. Perhaps, the Blockbuster should never be down looked in defining the role played by the internet system in providing a support for sovereignty into the holders of these rights. The international law recognizes and appreciates the roles played by these holders towards the success of the global productions. The various laws instituted provide frontiers for continued support into the use and ownership of these rights to avoid the basic conflict which may arise thereon.            The general business administration is a key aspect that operates within the business framework. International business law seeks to authenticate and validate such administration through drafting legal processes and procedures that provide a continued support for a good organizational leadership. It has provided for a conventional structure of the corporate governance where the different structures into such corporations are provided for the adequacy through the development of the primary function of each. This has been done to persuade a global understanding between the corporate governance and stakeholders of the business. This promotes success and vigilance into the international business arena.[7]            Within the international business comprised of various contractual relationships, the aspect of liability, its defense and elsewhere its discharge are fundamental basics for every aspects that promote understanding in the international business. The same law has however never compromised in providing a legal framework that guides and promotes illegibility into acceptance of liabilities. Various ethical and legal standards have been formulated with which the acceptance, defense and discharge of liabilities in international business should be administered. Within the business process, liability acceptance costs the decency of its procession.[8] Otherwise, no solid business foundations would operate in the absence of regulations that instill confidence into every single business. The international law comes into sanction with various understandings in form of laws and regulations governing international business liabilities. It seek to provide dimensions which instill confidence in every business proceeding.            Generally, the contractual relationship and transfer of activities follows the suit of various negotiable instruments. However, the legality of holding and transfer of negotiable instruments should follow a well modeled structure of activity with which transfer of ownership should be adequately defined and regulated by the law. Due to the diversity and intensity of activity within international business, the importance of negotiable instruments is important. However, international law has come to persuade for adequacy in all the transactions formulated within standards of holding and transfer of negotiable instruments. They seek to safeguard the interests of the parties into it. Otherwise, the international law is adequate in providing legal dimension that regulate the ethics in these instruments.[9]            Either, the international law recognizes and honors the personal rights in property ownership. Consequently, it anchors provision that help to provide for the rights in exercise of transactions and interest in every piece of personal property. Through the piece of codes and regulations on property ownership, all transaction rooted on transfers and interests of ownership in property right are safeguarded. Above the aspect of personal property, the aspect of the credit rights and interests in real property is provided for. The  recognition of parties under ownership of real property and estates are provided with affiliated provisions on parameters with which they can use their property for any security interest in due process of sourcing credit. Different law statues have compounded the various transactions that may be available in every activity relating to international property/ estate ownership. With the broad recognition of the threshold consequences behind bankruptcy and its abuse to the consumer population, the consumer protection Act of 2005 is provided for the international law to safeguard the consumers from the acrid losses which may befall them in the due process of bankruptcy affecting business men. Consequently, any activities that mitigate the enjoyment of consumers of products at the international parameters are provided for. Various legal authorities have been formulated to provide a descent support for issues of international business bankruptcy. The law also recognizes the bank system and the transfers of checks as important components of business transactions. Various banking, wire and checks writing at the international level have been provided for through a structure of various law sets.[10] Summarily therefore, international law does a comprehensive package of benefit in the adequate performance of the global business. It seeks to formulate various laws which help to provide a coherent support into the overall factor of international business transaction. WORKS CITED Bederman, David J. International Law in Antiquity: David J. Bederman. Cambridge, England: Cambridge University Press, 2001. Book on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=105008836. Internet. Accessed 16 November 2007. p. 57 Buchanan, Allen. Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. New York: Oxford University Press, 2004. Book on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=110214133. Internet. Accessed 16 November 2007. p. 93 Finch, George A. The Sources of Modern International Law. Buffalo, NY: William S. Hein, 2000. Book on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=27948629. Internet. Accessed 16 November 2007. p. 66 Hathaway, Oona A. Two Cheers for International Law. The Wilson Quarterly, Autumn 2003, 50+. Database on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=5002035454. Internet. Accessed 16 November 2007. p.1 Knop, Karen. Diversity and Self-Determination in International Law. Cambridge, England: Cambridge University Press, 2002. Book on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=105114608. Internet. Accessed 16 November 2007. p.73 Meron, Theodor. International Criminalization of Internal Atrocities. American Journal of International Law 89, no. 3 (1995): 554-577. Database on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=96649446. Internet. Accessed 16 November 2007.p.1 Ratner, Steven R. International Law: The Trials of Global Norms. Foreign Policy, Spring 1998, 65+. Database on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=5001329988. Internet. Accessed 16 November 2007.p.1 Richardson, Henry J. The Gulf Crisis and African-American Interests Under International Law. American Journal of International Law 87, no. 1 (1993): 42-82. Database on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=95199148. Internet. Accessed 16 November 2007. p.1 Roth, Brad R. Governmental Illegitimacy in International Law. Oxford: Oxford University Press, 2000. Book on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=30428687. Internet. Accessed 16 November 2007. p.56 Yee, Sienho and Wang Tieya, eds. International Law in the Post-Cold War World: Essays in Memory of Li Haopei. London: Routledge, 2001. Book on-line. Available from Questia, http://www.questia.com/PM.qst?a=od=102757928. Internet. Accessed 16 November 2007. p.104 [1] Roth, Brad R. Governmental Illegitimacy in International Law. Oxford: Oxford University Press, 2000. p.56 [2] Ratner, Steven R. International Law: The Trials of Global Norms. Foreign Policy, Spring 1998. p.1 [3] Bederman, David J. International Law in Antiquity: David J. Bederman. Cambridge, England: Cambridge University Press, 2001. p.57 [4] Meron, Theodor. International Criminalization of Internal Atrocities. American Journal of International Law 89, no. 3 (1995). P.1 [5] Finch, George A. The Sources of Modern International Law. Buffalo, NY: William S. Hein, 2000. p.66 [6] Buchanan, Allen. Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. New York: Oxford University Press, 2004. p.93 [7] Knop, Karen. Diversity and Self-Determination in International Law. Cambridge, England: Cambridge University Press, 2002. p. 73 [8] Hathaway, Oona A. Two Cheers for International Law. The Wilson Quarterly, Autumn 2003. p.1 [9] Yee, Sienho and Wang Tieya, eds. International Law in the Post-Cold War World: Essays in Memory of Li Haopei. London: Routledge, 2001. p.104 [10] Richardson, Henry J. The Gulf Crisis and African-American Interests Under International Law. American Journal of International Law 87, no. 1 (1993) p.1
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