Other issue is what country laws should be applied and whether any foreign judgment obtained might be enforced in the court of choice. The international countries laws are the laws that need to be taken into consideration because the United States law is only upheld within the United States and not international countries. When going into a contract with international companies the Unites States must make sure the international company can enforce the contract legally. The United States must also consider the cultural and ethical differences in business transactions. What factors could work against CadMex's decision to grant sublicensing agreements?
Why hose local laws, when there are well accepted international laws for such transactions”. (Jack Brandt; Chief Executive Officer, Cadmex Pharma) When the local customs and laws conflict with the customs and laws of an organization operating abroad, which should prevail? The customs and laws of the jurisdiction that the business has chosen to operate in will commonly prevail. If the company has multiple locations in other countries, the same will apply for each operating location. Compliance with the law of the nation is an initial understanding going into the contract from the
When dealing with a foreign business; there are a few elements to consider: Every culture and nation has its own values, history, customs and traditions, thus it has developed own ethical values and understanding of ethical principles. There is no international ethical code of conduct, accepted and followed by all the countries. There is a lack of governments’ initiative to create ethical cooperation framework and thus to enhance ethical behavior in international business. It is hard to outline those ethical values which would be understandable, acceptable and important for representatives of all the continents simultaneously within different types of international cooperation projects (Scevola, 2013). These are just a few elements that need to be taken into consideration when doing business abroad.
Chapter 1: Law: the body of rules of action or conduct that has binding legal force. Laws must be obeyed by citizens subject to sanctions or legal consequences. English Common Law: created by the judicial system, and is the basis of the legal system in US. Civil Law: based on codes or statutes. Louisiana is a civil law state.
The 10th amendment in the U.S. Constitution states what the Constitution does not give to the federal government and does nor prohibit from the states is reserved for the states or the people. These reserved powers range from licensing, holding elections, and any state laws that the state itself finds fit to impose. An example of a state law would be the legal limit of alcohol in someone system. Reserved powers let each state retain its freedom and independence from the US government (Ramsey, 2012) The first eight amendments of the Constitution prohibit the federal government from denying people their rights. To ensure the federal officials would not later take those rights the ninth amendment was written.
What can states do to counter the power of the federal government? Power that is disseminated between the federal government and states is known as federalism. The Constitution grants the states and federal government different powers and there is supposed to be a balance between the two. The federal government has the power to control trade, collect taxes, regulate currency, declare war and maintain and army and navy. Powers not delegated in the Constitution for the federal government is given to the states.
Neither branch federal nor state can oversee functions reserved for the other branches. Both federal and state may exercise only judicial powers and perform only judicial functions, also judges may only decide on cases seen by them. Federal courts can decide cases involving the U.S government, conflicts between states or between the U.S and foreign government or disputes under federal law. The case has to raise a federal question in order to be heard in federal court. Powers given to U.S Congress Article 1,
Addressing International Legal and Ethical Issues Simulation Summary What are the issues involved in resolving legal disputes in international transactions? The first thing to consider when dealing with legal issues in international transactions is to choose the proper contract for the country and company you are dealing with. You need to know if the contract will be enforceable and under which circumstances it will or will not be and which country it will be enforceable in. All countries have different laws in how and whee they handle legal disputes and making the contract so it covers all of these issues is very important so it can be enforced if problems would occur. What are some practical considerations of taking legal action against a foreign business partner based in another country?
3. A government; A State requires a government that functions as a political body within the law of the land. But it is not a condition precedent for recognition as an independent State 4. The capacity to enter into relations with other states; the fourth and last qualification is about independency, in other words independence is indicated by the criterion of capacity to enter into relations with other states.”[1] There is a
In addition “the doctrine is in tension with the emergent practice of cooperative federalism” . Which strives to see cooperation between jurisdictions in situations where a community supports a project and have several levels of government cooperatively regulate the