Nobody downloaded yet

International Trade Laws - Essay Example

Comments (0) Cite this document
Summary
The aim of this research is to answer three questions related to the area of international law, and specifically claw back provisions, NAFTA memorandum on exclusion / inclusion of certain goods and the correlation and conflict of free trade areas with the conditions of WTO existence.
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
International Trade Laws
Read TextPreview

Extract of sample "International Trade Laws"

Download file to see previous pages This works for the higher competitive advantage of the national companies, and thus 'closing eyes' on the illegal actions foreign companies take abroad, as well as trying to sue them for the refund of the damages which national companies pay abroad, and which is often resolved for the benefit of the national company, is a means of fighting competition through the means and methods which are legal only on the surface. 'Competition law embodies an inherent conflict while protecting local consumers from monopolies, cartels and oligopolies - it ignores the very same practices when directed at foreign consumers'. (Francis, 1995) For example, even GATT /WTO rules allow the existence of the foreign trade cartels, and if the same actions would be considered to be illegal within the country, these actions are seen as proper and legal at the international level. (Mathis, 2002)
It was interesting to note, that one of the literary sources recommends adoption of the claw back provisions for the poor countries, which would want to develop their export markets. These claw back provisions would allow local courts to refund any penalty payment put on the local company by a foreign entity for the violation of trade policies and using unfair methods of international trade. ...
Let's have a closer look at the GATT International Antitrust Code, which has created the four main principles, violated through the use of claw back provisions.
- National laws should be applied to solve international competition problems;
- Parties, regardless of origin, should be treated as locals;
- A minimum standard for national antitrust rules should be set (stricter measures would be welcome); and
- The establishment of an international authority to settle disputes between parties over antitrust issues. (Tarullo, 2002)
The use of claw back provision if the violation of the first noted principle - they are not crated in accordance with the international laws and they don not foster creation of the laws which would support competition on the international level. Moreover, 'parties, regardless origin, should be treated as locals'; however claw back provisions are clear examples of the absolutely opposite actions of the parties. Claw back provisions are often depicted as the best means of protecting the parties from the improper judicial treatment in the foreign country; however fighting illegal actions and unfair competition is possible only through the adoption and use of such fines and damage payments for the benefit of the party the rights of which were violated. According to the Havana Charter 1947, there is a list of actions which are supposed to be illegal and represent the moves of the unfair competition; among these actions are discriminating particular enterprises, excluding enterprises from a specific territorial market, etc. Claw back provisions, on the contrary give local (national) companies legal basis for unfair competition' actions in the foreign country through understanding that in case they are sued, their country of ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“International Trade Laws Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
International Trade Laws Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from https://studentshare.org/miscellaneous/1518189-international-trade-laws
(International Trade Laws Essay Example | Topics and Well Written Essays - 1250 Words)
International Trade Laws Essay Example | Topics and Well Written Essays - 1250 Words. https://studentshare.org/miscellaneous/1518189-international-trade-laws.
“International Trade Laws Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/miscellaneous/1518189-international-trade-laws.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF International Trade Laws

International Trade

...? International Trade International trade has expanded rapidly in last few decades. A growing international trade benefits to the consumers as they get the goods at the lowest possible prices but at the same time it affects domestic markets, students and GDP of the country in a varying way. Here is an attempt to explore how import of goods in the US affects GDP of the country, domestic markets and the university students in general. International trade is defined as the exchange goods and services between two or more countries. In a free trade regime, a country who can offer certain goods...
3 Pages(750 words)Essay

International trade

...? International Trade of the item The item selected for the assignment is mechanical machineries in Germany. When the word ‘mechanical’ is viewed from an adjective point of view it refers to the expertise in practice application of an art (SEDL, 2012). The country of Germany commands for a relatively large share of mechanical machineries production among the European Union. The production of this type of goods is mainly concentrated in North-Rhine-Westphalia. The production of large machineries and heavy industries is concentrated in this part of the world. The relatively smaller enterprises are concentrated in Baden-Wurttemberg as well as in Bavaria. The production of mechanical machineries has achieved...
3 Pages(750 words)Assignment

International Trade

.... Independent shop owners account for about 80% of the Indian Retail Market and the remaining 20% is shared by several different channels. A review of the market in India shows that no proper distribution network is present for Tumble dryers. The potential customers are not even well informed of the existence of the product and its unique advantages. Available purchase points also do not seem to be educating the potential buyers about the product, (Huang, & Sternquist, 2007). Retail Stores in India are very few in number and the Managers do not have any effective stay in the choice of products that make up their stock in trade. International; products are not marketed in this kind of set up. They are sold...
11 Pages(2750 words)Essay

International trade

...Africa and the Ottoman Empire became the part of ‘one global economy’ somewhere between 1750 and 1850. This was the time period when trade among these countries carried out in bulk. However, whatever the time period of globalization in actual; there are abundant of evidences that support that 19th century held a very huge globalization bang where international trade expanded all over the world. From above mentioned detail, it can be easily observed that the basic aim behind all the process of globalization was just to develop business operations worldwide. This was also to facilitate the global communication which is a result of advancements in technology and technical knowledge. The...
10 Pages(2500 words)Essay

International trade

...?International Trade Table of Contents Introduction 3 2. Discussing the Importance of Investigating Trade Relations between Canada and UK 3 3. Characterising of the Trade between Canada and UK 3 4. Major Driving Forces of Trade between Canada and UK 4 4.1 Global Drivers 4 4.1.1 Economic Outlook 4 4.1.2 Demographic Factors 4 4.1.3 Country Specific Regulations 5 4.2 Domestic Drivers 5 5. Conclusions or Policy Suggestions 5 References 7 Appendix 8 Appendix 1 8 Appendix 2 9 1. Introduction Recently, increasing significance of international trade has been in turn augmenting competition in the global context along with contributing to the increasing socio-political interdependency of various nations through overlapping trade frameworks... . In...
6 Pages(1500 words)Term Paper

International Trade - World Trade

...International Trade As reported by the World Trade Organisation in 2005, world trade in merchandise grew at an average of 7 percent per year between 1955 and 2004. Identify and critically discuss four factors that may have contributed to this over this period. 30% (600 WORDS) Much have been written about the factors contributing to the marked growth of trade between the years 1955 and 2004. Several factors have been mentioned and speculated to have contributed to such growth. However, I personally believe that the four factors that may have contributed to the growth in merchandise in world trade between 1955 and 2004 are the following,...
8 Pages(2000 words)Essay

International Trade

...over by America, which still dominates the world economy today. However, it was not always free trade for Britain (Chang, 36). For instance it only abandoned its agricultural protection law in 1846, which until then had been put in place to protect the agricultural sector from external competition. The First World War in 1914-18 caused a great economic instability for the prosperous British economy and the world economy at large. Countries hurriedly re-introduced trade barriers to protect their industries and markets in the volatile international trade regime. The United States joined the bandwagon in 1930 with the Smoot-Hawley tariff. By 1932, the...
4 Pages(1000 words)Essay

International trade

...Running Head: assignment International Trade of the of the of the Assignment Countryof Origin Selected Country: Turkey Selected Item: Jewellery Jewellery production in Turkey Turkey stands as a key player in world’s gold production. Ranked as the world’s third largest gold producer, its annual gold production capacity is around 400 tonnes. Using gold as ornament and future investment has been a Turkish tradition. Because of its huge production, Turkey is now an important exporter of gold around the world. Some key facts about Turkish Gold Production are: People employed in Turkish Gold Industry 250,000 at present Main centre for jewellery production Istanbul Number of retail outlets in...
3 Pages(750 words)Assignment

International trade

... has aroused on making a claim for the insured amount in correspondence to the losses incurred by Emma, the eventual happenings indicate that Abbe Insurers, the insurance company, have denied Emma for the payable because she has only paid 70 percentage of the total purchase amount. Subsequently, this discussion will focus on unfolding all the legal aspects regarding the terms mentioned within the Institute Cargo Clauses (A) 2009 and determining whether Emma will be liable for the insurance amount. Discussion The applicable laws in the aforesaid case scenario can be identified as the claiming policies mentioned within the Institute Cargo Clauses (A) 2009. This law was enacted as an international trade law with the prime intention... her...
16 Pages(4000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic International Trade Laws for FREE!

Contact Us