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International Business Laws PONDICHERRY UNIVERSITY (A Central University) DIRECTORATE OF DISTANCE EDUCATION International Business Laws Paper Code : MBIB 3003 MBA - INTERNATIONAL BUSINESS III Semester Authors ӵ Prof. P. R. Krishnan ӵ Prof. S. Prakash ӵ Prof. Dibyendu Prasad Sahu ӵ Prof. L. Jayarangan Edited by Prof.M. Selvam, Professor, Dept. of International Business & commerce, Alagappa University, Karaikudi. © All Rights Reserved For Private Circulation Only TABLE OF CONTENTS UNIT TITLE PAGE NO. I Legal Framework of International Business 3 II GATT/WTO and Global Liberalization 65 III Regulation & Treaties In International Business 137 IV Regulatory Framework and Taxation 215 V Indian Laws and Regulations 259 MBA (International) III Semester Paper Code: MBIB 3003 PAPER - XIII International Business Laws Objectives ➢ To expose the students to the legal and regulatory framework and their implications concerning global business operations, and ➢ To have a better understanding of the functioning and objectives of various world organizations Unit - I Legal Framework of International Business - Nature and complexities; Code and common laws and their implications to business; International business contract – legal provisions; Payments terms; International sales agreements; Rights and duties of agents and distributors. Unit - II Regulatory Framework of WTO - Basic principles and charter of GATT/WTO; GATT/WTO provisions relating to preferential treatment of developing countries; Regional groupings, subsidies, technical standards, antidumping duties and other non-tariff barriers, custom valuation and dispute settlement; Implications of WTO to important sectors – GATS, TRIPs and TRIMs. Unit - III Regulations and Treaties Relating to - Licensing; Franchising; Join Ventures, Patents and trade marks; Technology transfer, Telecommunications. Frame work relating to Electronic Commerce. 1 Unit - IV Regulatory Framework and Taxation - Electronic Commerce – Cross Border Transactions – On-line Financial Transfers – Legal Safeguards – International Business Taxation – Tax Laws – Multilateral and Bi-lateral treaties – Sharing of Tax revenues Unit - V Indian Laws and Regulations - Governing International Transactions: FEMA; Taxation of foreign income; Foreign investments; Setting up offices and branches abroad; Restrictions on trade in endangered species and other commodities. References Daniels, John, Emest W. Ogram and Lee H. Redebungh, INTERNATIONAL BUSINESS, ENVIRONMENTS AND OPERATIONS. Kapoor ND, COMMERCIAL LAW; Sultan Chand & Co., New Delhi. Lew, Julton D.M and Clive Stand brook (eds), INTERNATIONAL TRADE LAW AND PRACTICE, Euromoney Publications, London. Motiwal OP, Awasthi , INTERNATIONAL TRADE – THE LAW AND PRACTICE, Bhowmik and Company, New Delhi. Schmothoff C.R: EXPORT TRADE, THE LAW AND PRACTICE OF INTERNATIONAL TRADE. 2 Notes UNIT – I Legal Framework of International Business Learning Objectives: ➢ To understand the scope of Legal Framework of International Business ➢ To understand the nature and complexities of Legal Framework of International Business ➢ To familiarize with the code and common laws and their implications to Business ➢ To Understand International Business Contract – Legal Provisions ➢ To get acquainted with the International Sales Agreements ➢ To understand Payments Terms ➢ To familiarize with the Rights and Duties of Agents and Distributors. ➢ To analyze the issues involved in International Business Law Transnational Sales The purpose of introducing this subject is to give an overview about the legal environment and the intricacies involved in international trade. Law is defined as a set of rules established by a Government to regulate the conduct of individuals and groups in a society. These rules are legal rights granted to and obligations imposed on citizens and enforced by the Sovereign. It is the duty of citizens to obey these rules and those who violate them are liable for punitive action as provided for in the law. Major reasons for the development of law are: i. To give basic rights to individuals, to society and organizations, and 3 Notes ii. To legally protect the enjoyment of these rights. Put in a general way law is for regulating relationships between individuals or between individuals and their society. iii. To provide a positive force to promote worthwhile individual, social and national goals. Coming to Business Laws, it may be stated we are living in a world of business with roles as consumers and producers, employers and employees, principals and agents, and so on with rights, responsibilities and obligations placed on us. In fact, in our business-oriented society law touches every aspect of business life. Therefore, it is imperative to know what Business Law is. Business law is that part of the law which deals with mercantile transactions of people and institutions. One of the reasons for studying business law is to learn what the law provides as conditions for conduct of businesses both at the national and international level. Understanding business law will enhance the ability to take right decisions without violating rules framed by the Government. The following brief introduction helps the students to get acquaintance with Business Law. International law: International law may be defined as a body of law formed as a result of international cus toms, treaties, and organizations that governs relations among or between nations. International Customs are customs evolved over the centuries. Treaties and International Agreements are agree ments between or among nations. International Organizations and Conferences are composed mainly of nations and usually established by treaty — for example, the 1980 Convention on Contracts for the Interna tional Sale of Goods, or CISG. Legal systems are generally divided into common law and civil law sys tems. Common law systems are based on case law. These systems exist in countries that were once a part of the British Empire (such as Australia, India, and the United States). Civil law systems are based on codified law (statutes). Courts interpret the code and apply the rules without developing their own laws. Civil law systems exist in most European nations, in Latin American, African, and Asian countries that were colonies of those nations; Japan; South Africa; and Middle-east countries. 4 Notes Scope of Legal Framework of International Business Business today is truly international. International trade has existed since times immemorial. There are findings to indicate that international trade existed as long back as 2000 B.C. With increasing complexities and volumes in international trade, an urgent need for a uniform code for regulating these transactions was keenly felt. The importance of international trade and a uniform code is more keenly felt in present day economy where domestic and foreign politics play their influencing role in conducting transnational business. International Law for business aims at providing the regulations required for execution of international transactions involving more than one nation. Every country has its own set of laws for regulating business. Therefore, it is apparent that every international business transaction has to comply with provisions of both domestic as well as international law. In order to ensure performance of the transaction(s), parties enter into treaties/agreement. These treaties are framed according to general practice and customs. The most significant aspect of international law is jurisdiction. Though it is not important for students to go for a detailed study of business law in each country, understanding the structure of the legal system in various countries helps in making a good comparative study. Laws Applicable to International Business Domestic Laws Foreign Laws of Host Country International Law Executive Agreements Treaties Customary International (Common) Law “Private Law” law of the K (Contract) One should keep in mind that the base for law is a dispute. The judgment of a decided case becomes a referral point - known as a 5 Notes precedent. The reason behind this reference is to facilitate uniformity in deciding similar cases. It may be noted that precedents may be overruled if the judgment pronounced earlier is found to be erroneous. Overview of Business Laws in Select Nations To enable students to have a better view of the legal structure, a discussion on the legal system existing in five economically important countries like Canada, Germany, Saudi Arabia, Japan, China, European Community and the USA would be fruitful. Canada, the second largest country in the world framed its own constitution in l982 by the Act of the British Parliament. It has a bicameral Parliament - House of Commons and a Senate. Canada follows the principle of legislative supremacy, giving importance to precedents. Cases, statutes, customs and royal prerogative are the sources of Canadian law. The judges for federal and provincial courts are selected by Governor- General of Canada. The legal system of Canada is primarily based on the common law tradition. By and large, the regulatory framework is uniformly applicable throughout Canada with the exception of the province of Quebec. Quebec has been given special rights to preserve its culture, language and governing institutions. Germany, the largest European country, follows the civil law tradition. Of all the civil codes, the German Civil Code has had the widest influence in the development of laws in other countries like China, Japan and many Eastern and Central European countries. With the
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