Research Skills - Essay Example

Introduction: The question under consideration requires the researcher to have an understanding of this concept of international law, and the various laws responsible for guiding the behavior of states and individuals in the international arena. In tackling this paper, the researcher has to have an understanding of a variety laws that comprise of the international law, and how these laws are implemented and enacted. In tackling this research, the researcher has to pick a certain legal issue that is under the international law and thereafter explain how this legal issue is used by the international community. International law refers to a group or set of rules that is binding and acceptable in terms of defining relations between nations. This law acts as a framework responsible for organizing and stabilizing relations in the international arena1. International law is different from state laws, and this is because it is applied between states and countries, as opposed to state laws which are applied within a given country2. There are a variety of legal issues governed by international law, and this includes, public international law and under this law, includes, law of the sea, treaties, laws of war, etc. International Criminal Law on the other hand is responsible for protecting vulnerable groups from mass atrocities such as rape, genocide, war crimes, etc3. Another example of a legal issue in international law is the international business law, which regulates the manner in which commerce is conducted in the international arena4. This paper contains an introduction, which is above, identifying this concept of international law, and the scope of this concept. The introduction also contains the structure of this research paper. The second part of the paper contains a summary of the various sources used, why and how they are used. Finally, the third part of this paper is an introduction of the concept of international business law. Statement of Aims and Objectives: The aim of this research is to identify the importance of international business law, in promoting international commerce. In fulfilling the aim of this research, the researcher will have to achieve the following objectives, Analyze journals and various articles for purposes of understanding this concept of international business law. Identifying a particular professional of international business law, for purposes of conducting an in depth interview and learning from them. Compare the various aspects of international business law, and the consequences of breaching such types of law. Summary of the Researched Sources: During the process of data collection, the researched used both secondary and primary methodology of data collection. Under secondary data collection methodology, the researcher used library and internet research. It is important to denote that internet research was of great importance to the researcher and this is because the internet contained numerous articles concerning international law, and particularly, international business law5. Through the internet, the researcher was able to find a variety of information that either support or are against the internet of a single set of international laws, responsible for determining the manner in which business relations occur at the international arena6. In as much as the internet is a useful source of secondary research, there are a number of challenges that emanate because of the use of the internet. One such challenge is getting information that is relevant, reliable, and useful for the researcher. This is a challenge because the internet contains too much information, which is posted by a variety of people. Some of these people do not provide their identity, or qualification, and on this basis, it is difficult to know whether the information under consideration is reliable or not. To overcome this difficulty, the researcher will have to get information from government websites, internationally recognized business institutions, and academic institutions. The research will also rely on the library during the process of data collection. During this process, the researcher will concentrate on analyzing journal articles and books that talk about international business law. This method is useful, because this topic of international business law is a widely researched topic, and there are a variety of books that give a detailed description about this topic7. This method is easy and convenient to the researcher, and this is because it is easy to access public and private libraries. Through this method of data collection, the researcher will have to identify authors, who are highly experienced in this issue of international business law. This is because they would most definitely provide an accurate analysis of international business law8. During the library research, the researcher will use journal articles. It is important to understand that journals are very reliable sources of information, and this is because they are written by experts in the field of international business law, and reviewed by different experts in the same field, for purposes of ascertaining their accuracy9. The primary source that the researcher used is the interview. Interviews will be used to supplement and confirm the information contained in the secondary sources. Interviews are important because they will enable the researcher to have a face to face conversation with the professional10. On this basis, chances are high that the professional will get an in depth knowledge and information concerning international business law.11. At least two professionals will be interviewed, and the questions to ask are the following, What is the meaning of international law? What norms guide the principles of international law? Is international business law part of international laws? What are their importances? Is it a requirement to obey the provisions of international criminal law? What are the consequences if disobeyed? Introduction to the answer: International business law is a set of rules that are developed for purposes of regulating international commerce. These laws are responsible for governing international transactions. An international transaction is a type of business transaction that involves two or more states. After the Second World War, international trade has seen tremendous growth, and on this basis, there has been a need of developing laws that will protect the international interests of the parties concerned12. International business law has also been of great importance because of the emergence of regional integrations. These integrations require various laws to provide a guideline in the manner in which they would trade with each other. Examples of regional integrations include the European Union, and ASEAN13. It is very difficult to understand international business law, without having an understanding of international institutions responsible for regulating international trade. One institution that is responsible for this regulation is the World Trade Organization (WTO). The WTO is an organization responsible for providing an institutional framework whereby trade will occur between two contracting countries, or international institutions14. WTO represents a very important aspect of international business law, and this is because it is responsible for facilitating the international flow of trade, and for the liberalization of trade, and this is through the elimination of international trade barriers. WTO is also responsible for providing a dispute settlement mechanism, where states or parties to a trade dispute can solve their various differences. At the center of the WTO, lie the agreements and documents signed during the Uruguayan Round of talks15. These series of negotiations lasted from 1986, to 1994, and they brought forth a series of trade rules that are legally binding to the states in the international system. It is important to understand that the main goal of these laws and contracts was to help producers of services and goods to conduct international trade, as well as allow the governments to meet their environmental and social objectives16. The results of the negotiation of the Uruguayan talks led to the development of 60 agreements and laws that were to guide international trade or business. These sixty agreements and laws that is responsible for guiding international trade. Another very important aspect of international trade is regional integration17. As discussed earlier, international business law are always formed to regulate the manner in which trade occurs amongst the borders forming a regional body18. For example, the European Union will not allow a product from a country that does not belong to the European Union without imposition of taxes19. On this basis, there are laws and rules established by the European Union to protect their markets, but these rules must not conflict with the rules established by the WTO, in relation to international trade20. In 2010, the international community developed a series of new trade and commercial terms, and they were referred to as Incoterms 2010. This term was developed by the international community because of the recognition that there was the existence of non-uniform standard trade practices amongst various states21. Incoterm is always used in an international sales contract, and it gives an in depth interpretation of obligations and rights of parties in the international trade22. It is important to understand that under International business transaction, there must be the carriage of goods, either by air, sea, or land. On this basis, the goods under consideration may get damaged, lost, or deteriorate23. On this basis, the international business law recognizes a document referred to as bill of lading. This is a contract of carriage that occurs between the carrier, consignor and consignee. This contract is responsible for acting as a receipt for the transfer of the products, and it also acts as a negotiable instrument24. It is further important to denote that a bill of lading is responsible for determining the liabilities and rights of parties involved in an international sales agreement. On this basis, the bill of lading is an important instrument in international business law25. Plan of the Essay: The researcher aims to complete this essay in a time frame of one months. The first part of this essay contains an introduction. The researcher aims to complete the introduction during the first week of May, that is between the 1st and the 7thy of May. The second part consists of the literature review, and this part will also take one week, and the researcher will commence working on it during the 8th and the 14th day of May. Research Methodologies on the other hand will be the third part of this research, and it will also take a week, and the researcher aims to commence work on the 15th and 22nd day May. The Finding and Conclusions of this paper is the last part, and the researcher aims to finish this work between 23rd and 29th of May 2014. Bibliography: Alferez, F. J. G.. "The Geneva Convention on Intermediated Securities : a Conflict-of-Laws Approach." Uniform Law Review - Revue de droit uniforme 15.3-4 (2010): 751-777. Bederman, David J.. International law in antiquity.( Cambridge: Cambridge University Press, 2001). Brien, John. International law. (London: Cavendish, 2001). Cassese, Antonio. International law. (Oxford: Oxford University Press, 2001). Cheeseman, Henry R.. Business law: legal environment, online commerce, business ethics, and international issues. (7th ed. Upper Saddle River, N.J.: Pearson Prentice Hall, 2010) Creswell, John W., and Vicki L. Clark.( Designing and conducting mixed methods research. Thousand Oaks, Calif.: SAGE Publications, 2007). Deschamps, M.. "The Geneva Securities Convention - Selected Issues Left to Law Outside the Convention." Uniform Law Review - Revue de droit uniforme 15.3-4 (2010): 703-712. Grahovac, Jelena. "The significance of the arbitration dispute resolution for the deavelopment of international business law." Godišnjak Pravnog Fakulteta u Banja Luci 34.34 (2012): 317-339. Kyriakakis, Joanna. "Developments in international criminal law and the case of business involvement in international crimes." International review of the Red Cross 94.887 (2012): 981-1005. Liamputtong, Pranee. Qualitative research methods.( Fourth ed. South Melbourne, Victoria: Oxford University Press, 2013).. Mercurio, Bryan. International business law. South Melbourne, Vic.: Oxford University Press, 2010. Smith, David. "Congo warlord Bosco Ntaganda led ethnically motivated murder, ICC told." The Guardian. Guardian News and Media, 11 Feb. 2014. Web. 20 Apr. 2014. . The Guardian. "Why rehabilitation is vital for survivors of sexual violence during conflict." theguardian.com. Guardian News and Media, 25 Nov. 2013. Web. 20 Apr. 2014. . Zikmund, William G.. Business research methods. (9th ed. Mason, OH: South-Western, 2013). Zimmermann, Albert.. "Amending the Amendment Provisions of the Rome Statute: The Kampala Compromise on the Crime of Aggression and the Law of Treaties." Journal of International Criminal Justice 10.1 (2012): 209-227. Print. Primary Sources: Mooney, Charles. Interview by Peter Cligman. Phone interview. 21 Apr. 2014. Roy, Girasa. Interview by Alan Namu, Personal Interview, 22nd Apr. 2014 Read More