INTERNATIONAL BUSINESS LAWS
INTERNATIONAL BUSINESS LAWS
International business Law is the body of law that
governs international sale transactions. A ...
INTERNATIONAL LAW
International Court of Justice (also known as the
World Court) - body of the United Nations that
provide...
WORLD TRADE ORGNIZATION
Provide a forum for negotiating trade-related issues;
and issues arising from the WTO Agreement.
...
WORLD TRADE ORGNIZATION
GATT 1994 is incorporated into the WTO
Agreement, and contains three important basic
principles in...
WORLD TRADE ORGNIZATION
'International Law''': prohibits discrimination
between imported and like domestic products, other...
WIPO
The World Intellectual Property Organization
(WIPO) is one of the 17 specialized agencies of the
United Nations.
 WI...
WHAT IS INTELLECTUAL PROPERTY?
Intellectual property (IP) refers to creations of the
mind: inventions, literary and artist...
PATENT LAW


The law of patents is a legal framework that
establishes a patent system which supports and
encourages techn...
UNITED NATIONS


The United Nations is an international organization
whose stated aims include promoting and facilitating...
ORGANIZATION
The United Nations' system is based on five
principal organs
i.
the General Assembly
ii.
the Security Council...
ECONOMIC AND SOCIAL COUNCIL


The Economic and Social Council (ECOSOC)
assists the General Assembly in promoting
internat...
UNITED NATIONS CONVENTION ON CONTRACTS
FOR THE INTERNATIONAL SALE OF GOODS

UN-sponsored convention that establishes unif...
DOUBLE TAXATION


Double taxation occurs when tax is paid more than
once on the same taxable income or asset.
TYPES OF DOUBLE TAXATION
Economic
 Juridical

Types of double taxation:

JURIDICAL

Double taxation is juridical
when the same person is
taxed twice on the same
income ...
JURIDICAL DOUBLE TAXATION ARISES
a)

b)

c)

Where each Contracting State subjects the same person to tax
on his worldwide...
KEY STAGES IN A TYPICAL
TRANSACTION OF THE INTERNATIONAL
SALE OF GOODS
Negotiations between seller and buyer
 Making the ...
PROBLEMS ASSOCIATED IN THE
INTERNATIONAL TRADE TRANSACTION
An international sale will usually involve a sea
transit
 Cust...
INCOTERMS OR INTERNATIONAL
COMMERCE TERMS
International Chamber of Commerce (ICC) has
introduced quite a number of special...
FOB ( FREE ON BOARD)
In a FOB contract, the seller has to put the goods
on board a ship.
 The price under an FOB contract...
DUTIES OF THE F.O.B BUYER
To nominate the port of shipment, the vessel’s name
and procure the necessary shipping space
 N...
DUTIES OF THE FOB SELLER
To ship goods of contract description at the named
port of shipment
 To ship goods on time
 To ...
CIF CONTRACTS
CIF stands for cost, insurance, freight
 The letter CIF represents the three contracts
involved
 The cost ...
‘SHIPPING DOCUMENTS’ INVOLVED IN
CIF CONTRACT
The commercial invoice,
 A shipped bill of lading
 Policy of insurance dur...
DUTIES OF THE SELLER UNDER A CIF
CONTRACT







To ship goods according to the contract description
To enter into a c...
DUTIES OF THE BUYER IN A CIF
CONTRACT
Payment against documents
 The buyer to name port of destination
 Buyer to take de...
CARRIAGE OF GOODS
A contract whereby a person or company agrees to
carry goods or people from one place to another for
a p...
CLASSIFICATION OF CARRIERS
Common carriers
 Private carriers
 Gratuitous carriers

CARRIAGE OF GOODS BY SEA
A contract for the carriage of goods by sea is called
as a contract of affreightment.
 The word ...
TRIPS


The Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS) is an
international agreement admi...
TRIPS: MAIN FEATURES (1)


Coverage of TRIPS

Areas of intellectual property covered:
Copyright and related rights
 Trad...
TRIPS: MAIN FEATURES (2)
 Enforcement



Provisions

General Principles applicable to IPRs
Specifies Procedures that mu...
DOCUMENTARY SALE
AND

TERMS OF TRADE
CONTRACTS AS A WAY TO
MANAGE RISK
Negotiate terms to fit specific transaction
 Allocate risk - moving goods and money
 F...
WHERE IS THE THE RISK IN AN INTERNATIONAL
TRANSACTION?
Payment risk
 Delivery risk
 Quality risk

DEFINITION
Documentary Sale: –Buyer is required to pay upon
presentation of NEGOTIABLE DOCUMENT OF TITLE
by seller
 Docum...
DEFINITION
Negotiability= legally transferred from one to
another in return for value.
 In the U.S. bills of lading gover...
THE DOCUMENTARY SALE
G
Japanese
Importer

B
A
Sales Contract
CIF Japanese Port
Documents Against Payment

E
Collecting
Ban...
TRADE TERMS
Responsibilities of buyer and seller need to be
negotiated.
 Trade terms used as a short hand for assigned
re...
TRADE TERMS: E TERMS
– Ex works: The seller's only responsibility
is to make the goods available at the seller's
premises....
TRADE TERMS: F TERMS






FCA – Free carrier: The seller delivers the goods, cleared for export, to
the carrier select...
TRADE TERMS: C TERMS








CFR – Cost & freight: The seller clears the goods for export and pays
the costs of moving...
TRADE TERMS: D TERMS (#1)


DAF – Delivered at frontier: Seller transports goods to “frontier”
point in destination count...
TRADE TERMS: D TERMS (#2)
DDU – Delivered duty unpaid: Seller delivers goods not cleared for import - to buyer at destinat...
PRESENTED BY: ANUJ MALHOTRA
AVAI MALHOTRA
GAURAV SOOD
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‌International bussiness law

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  • hi arjun & co,ur slides helps me alot to have a idea about international bussiness law. But i had a query that these are the only laws or there more than you had mentioned..
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  • for promoting creative intellectual activity and for facilitating the transfer of technology related to industrial property to the developing countries in order to accelerate economic, social and cultural development, subject to the competence and responsibilities of the United Nations and its organs, particularly the United Nations Conference on Trade and Development, the United Nations Development Programme and the United Nations Industrial Development Organization, as well as of the United Nations Educational, Scientific and Cultural Organization and of other agencies within the United Nations system."
  • The law of patents is a legal framework that establishes a patent system which supports and encourages technological innovation and promotes economic development. In a challenging environment, where patent law is under increasing public attention, WIPO provides a platform for member States and intergovernmental and non-governmental organizations to coordinate efforts in discussing international norms, and it addresses various issues relating to the international aspects of the patent system, including current and emerging issues of patent law.
  • UN General Assembly-may resolve non-compulsory recommendations to states, or suggestions to the UNSC (not a Parliament)decides on the admission of new members, on proposal of the UNSCadopts the budgetelects the non-permanent members of the UNSC, all members of ECOSOC, on the proposal of the UNSC the UN Secretary General, and the 15 judges of the ICJ
  • ‌International bussiness law

    1. 1. INTERNATIONAL BUSINESS LAWS
    2. 2. INTERNATIONAL BUSINESS LAWS International business Law is the body of law that governs international sale transactions. A transaction will qualify to be international if elements of more than one country are involved.
    3. 3. INTERNATIONAL LAW International Court of Justice (also known as the World Court) - body of the United Nations that provides a way to settle international disagreements between countries rather than corporations.  The three legal bodies in the United Nations are: United Nations Commission on International Trade Law (UNCITRAL), The International Commission, and the Sixth Committee of the General Assembly. 
    4. 4. WORLD TRADE ORGNIZATION Provide a forum for negotiating trade-related issues; and issues arising from the WTO Agreement.  Provide a dispute settlement mechanism pursuant to the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).  Administer the Trade Policy Review Mechanism (TPRM) which examines the trade policies of members.  Cooperate with the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (IBRD). 
    5. 5. WORLD TRADE ORGNIZATION GATT 1994 is incorporated into the WTO Agreement, and contains three important basic principles in the context of international commercial law:  Most-favored nation principle (MFN): expresses that any advantage to a product originating or destined for another country shall be treated in accordance with a like product originating in or destined for the contracting country . Each GATT member must treat all trading partners as well as its most favored trading partner. 
    6. 6. WORLD TRADE ORGNIZATION 'International Law''': prohibits discrimination between imported and like domestic products, other than through the imposition of tariffs. The WTO panels consider tariff classifications, product nature, intended use, commercial value, price and sustainability.  Reciprocity principle: encourages negotiations between contracting parties on a reciprocal and mutually advantageous basis, directed towards the reduction of tariffs and other charges on imports and exports. 
    7. 7. WIPO The World Intellectual Property Organization (WIPO) is one of the 17 specialized agencies of the United Nations.  WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world  WIPO currently has 186 member states, administers 25 international treaties, and is headquartered in Geneva, Switzerland. 
    8. 8. WHAT IS INTELLECTUAL PROPERTY? Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.  IP is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. 
    9. 9. PATENT LAW  The law of patents is a legal framework that establishes a patent system which supports and encourages technological innovation and promotes economic development. In a challenging environment, where patent law is under increasing public attention, WIPO provides a platform for member States and intergovernmental and nongovernmental organizations to coordinate efforts in discussing international norms
    10. 10. UNITED NATIONS  The United Nations is an international organization whose stated aims include promoting and facilitating cooperation in international law, international security, economic development, social progress, human rights, civil rights, civil liberties, political freedoms, democracy, and the achievement of lasting world peace.
    11. 11. ORGANIZATION The United Nations' system is based on five principal organs i. the General Assembly ii. the Security Council iii. the Economic and Social Council (ECOSOC) iv. the Secretariat v. the International Court of Justice. 
    12. 12. ECONOMIC AND SOCIAL COUNCIL  The Economic and Social Council (ECOSOC) assists the General Assembly in promoting international economic and social cooperation and development.
    13. 13. UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS UN-sponsored convention that establishes uniformrules for drafting international sales contracts, and sets the legal rights and obligations of the seller and the buyer under such contracts. CISG rules apply automatically to the sales contracts between the countries who have ratified the convention
    14. 14. DOUBLE TAXATION  Double taxation occurs when tax is paid more than once on the same taxable income or asset.
    15. 15. TYPES OF DOUBLE TAXATION Economic  Juridical 
    16. 16. Types of double taxation: JURIDICAL Double taxation is juridical when the same person is taxed twice on the same income by more than one state. Double taxation is economic if more than one person is taxed on the same item.
    17. 17. JURIDICAL DOUBLE TAXATION ARISES a) b) c) Where each Contracting State subjects the same person to tax on his worldwide income or capital Where a person is a resident of a Contracting State and derives income from, or owns capital in, the other Contracting State and both States impose tax on that income or capital Where each Contracting State subjects the same person, not being a resident of either Contracting State to tax on income derived from, or capital owned in, a Contracting State; this may result, for instance, in the case where a non-resident person has a permanent establishment in one Contracting State through which he derives income from, or owns capital in, the other Contracting State.
    18. 18. KEY STAGES IN A TYPICAL TRANSACTION OF THE INTERNATIONAL SALE OF GOODS Negotiations between seller and buyer  Making the sales contract between parties  Shipment of the goods and carriage of the goods 
    19. 19. PROBLEMS ASSOCIATED IN THE INTERNATIONAL TRADE TRANSACTION An international sale will usually involve a sea transit  Customs need to be cleared  Import and export licenses need to be obtained.  International sales raise conflict of laws problems  Financial problems  Fluctuations in currency 
    20. 20. INCOTERMS OR INTERNATIONAL COMMERCE TERMS International Chamber of Commerce (ICC) has introduced quite a number of special trade terms in use for international trade.  These terms have simplified the sale of goods abroad. They are in universal use in trade transactions  Two extremely useful trade terms, namely: FOB and CIF 
    21. 21. FOB ( FREE ON BOARD) In a FOB contract, the seller has to put the goods on board a ship.  The price under an FOB contract includes the cost of the goods and all expenses up to the board the ship.  Once The delivery is completed then the property and the risk pass to the buyer. 
    22. 22. DUTIES OF THE F.O.B BUYER To nominate the port of shipment, the vessel’s name and procure the necessary shipping space  Nomination of a ship  To secure shipping space  To obtain the necessary import license  Pay any cost incidental to the shipment  Pay the seller for the goods in accordance with the contract 
    23. 23. DUTIES OF THE FOB SELLER To ship goods of contract description at the named port of shipment  To ship goods on time  To obtain Export licenses  To deliver the necessary documents 
    24. 24. CIF CONTRACTS CIF stands for cost, insurance, freight  The letter CIF represents the three contracts involved  The cost –the sale contract  Insurance-the contract of insurance  Freight- the contract of carriage. 
    25. 25. ‘SHIPPING DOCUMENTS’ INVOLVED IN CIF CONTRACT The commercial invoice,  A shipped bill of lading  Policy of insurance during the sea voyage, and  Certificate of quality  Certificate of inspection  Certificate of origin 
    26. 26. DUTIES OF THE SELLER UNDER A CIF CONTRACT     To ship goods according to the contract description To enter into a contract of carriage in order to deliver the goods. To ensure that the goods are properly insured under a contract of insurance To procure and prepare proper shipment documents.
    27. 27. DUTIES OF THE BUYER IN A CIF CONTRACT Payment against documents  The buyer to name port of destination  Buyer to take delivery  Import licenses 
    28. 28. CARRIAGE OF GOODS A contract whereby a person or company agrees to carry goods or people from one place to another for a payment is called contract of carriage.  Carriage of goods can be 1. Carriage by land (including inland waterways), 2. Carriage by sea 3. Carriage by air 
    29. 29. CLASSIFICATION OF CARRIERS Common carriers  Private carriers  Gratuitous carriers 
    30. 30. CARRIAGE OF GOODS BY SEA A contract for the carriage of goods by sea is called as a contract of affreightment.  The word affreightment means the hiring of a vessel or ship.  A contract of affreightment may take either of the two forms  Charter party  a bill of lading 
    31. 31. TRIPS  The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO)
    32. 32. TRIPS: MAIN FEATURES (1)  Coverage of TRIPS Areas of intellectual property covered: Copyright and related rights  Trademarks including service marks  Geographical indications including appellations of origin  Industrial designs  Patents including the protection of new varieties of plants  The layout-designs of integrated circuits  Undisclosed information, including trade secrets and test data. 
    33. 33. TRIPS: MAIN FEATURES (2)  Enforcement   Provisions General Principles applicable to IPRs Specifies Procedures that must be available  Dispute Settlement Part of the integrated Dispute Settlement System of the WTO  No unilateral action by Members allowed 
    34. 34. DOCUMENTARY SALE AND TERMS OF TRADE
    35. 35. CONTRACTS AS A WAY TO MANAGE RISK Negotiate terms to fit specific transaction  Allocate risk - moving goods and money  Fix performance obligation and responsibilities  Fix price and quality  Make sure understanding is reflected in contract  35
    36. 36. WHERE IS THE THE RISK IN AN INTERNATIONAL TRANSACTION? Payment risk  Delivery risk  Quality risk 
    37. 37. DEFINITION Documentary Sale: –Buyer is required to pay upon presentation of NEGOTIABLE DOCUMENT OF TITLE by seller  Document of title= evidences ownership e.g. dock receipts, warehouse receipts and bills of lading  Ownership of goods passes with the documents 
    38. 38. DEFINITION Negotiability= legally transferred from one to another in return for value.  In the U.S. bills of lading governed by The Federal Bills of Lading Act and the Uniform Commercial Code.  In India, it is governed by India carriage of Goods by Sea Act, 1925. 
    39. 39. THE DOCUMENTARY SALE G Japanese Importer B A Sales Contract CIF Japanese Port Documents Against Payment E Collecting Bank American Exporter C F D F Exporter’s U.S. Bank (Remitting Bank) A. Sales contract calls for documentary sale B. Documents prepared - export license obtained - goods delivered to carrier C. Negotiable bill of lading, insurance policy, certificates of origin, invoice with draft attached presented to remitting bank D. Documents forwarded for collection through International banking system 39 E. Documents presented for negotiation on payment F. Payment remitted and exporter’s account credited G. Importer claims goods and makes entry
    40. 40. TRADE TERMS Responsibilities of buyer and seller need to be negotiated.  Trade terms used as a short hand for assigned responsibilities and allocating when the risk passes from one party to another. 
    41. 41. TRADE TERMS: E TERMS – Ex works: The seller's only responsibility is to make the goods available at the seller's premises. The buyer bears full costs of moving the goods from there to destination. Risk shifts to buyer when goods made available by seller at named location.  EXW
    42. 42. TRADE TERMS: F TERMS    FCA – Free carrier: The seller delivers the goods, cleared for export, to the carrier selected by the buyer. The seller loads the goods if the carrier pickup is at seller's premises. Buyer then bears costs of moving the goods to destination. Risk shifts to buyer when goods delivered to carrier. FAS – Free alongside ship: The seller delivers the goods to the ship in origin port. Buyer then bears all transport costs. Risk shifts to buyer when goods delivered alongside ship. FOB – Free on board: The seller delivers the goods on board the ship and clears the goods for export. Buyer then bears all transport costs. Risk shifts to buyer when goods cross ship’s rail.
    43. 43. TRADE TERMS: C TERMS     CFR – Cost & freight: The seller clears the goods for export and pays the costs of moving the goods to destination. Risk shifts to buyer when goods cross ship’s rail. CIF – Cost, insurance & freight: The seller clears the goods for export and pays the costs of moving the goods to the port of destination. Risk shifts to buyer when goods cross ship’s rail. Seller must purchase cargo insurance; buyer can claim on policy. CPT – Carriage paid to: The seller pays for moving the goods to destination. Risk shifts to buyer when goods are transferred to the first carrier. Buyer must procure own insurance. CIP – Carriage & insurance paid to: The seller pays for moving the goods to destination. Risk shifts to buyer when goods are transferred to the first carrier. Seller must purchase cargo insurance; buyer can claim on policy.
    44. 44. TRADE TERMS: D TERMS (#1)  DAF – Delivered at frontier: Seller transports goods to “frontier” point in destination country. Buyer pays freight from frontier point. Risk shifts when goods handed to buyer at frontier point.  DES – Delivered ex ship: Seller transports goods to destination port. Buyer pays costs of unloading ship. Risk shifts to buyer when goods ready for unloading by buyer.  DEQ – Delivered ex quay: Seller delivers the goods - not cleared for import - to the buyer at the port of destination. Seller bears costs and risks of moving the goods to port. Buyer clears goods for import and pays customs clearance costs and duties. Risk shifts to buyer when goods placed on dock.
    45. 45. TRADE TERMS: D TERMS (#2) DDU – Delivered duty unpaid: Seller delivers goods not cleared for import - to buyer at destination. Seller bears costs and risks of moving goods to destination. Risk shifts to buyer when goods delivered at specified location.  DDP – Delivered duty paid: Seller delivers goods cleared for import - to buyer at destination. Seller bears costs and risks of moving goods to destination, including customs duties and taxes. Risk shifts to buyer when goods delivered at specified location 
    46. 46. PRESENTED BY: ANUJ MALHOTRA AVAI MALHOTRA GAURAV SOOD
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