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Legal Presentation[1]


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Legal Presentation[1]

  1. 1. Legal Services<br />Kelly Desmond<br />Brendan Molseki <br />Brendan Mondell<br />Matt Adams<br />Ryan Graham<br />
  2. 2. Introduction<br />International Law<br />Sources of International Law<br />International Organizations<br />International Agreements<br />
  3. 3. International Law<br />Principle Function of Law<br />to promote law and order, with justice<br />International Law<br />Law that governs the relationships between sovereign countries in the world political system.<br />
  4. 4. Sources of Int’l Law<br />Customary Law <br />Norms<br />Customs<br />State Practice<br />Conventional Law <br />Treaties <br />Agreements<br />
  5. 5. International Business Transaction (IBT)<br />95% Domestic Law - (Ex. Contracts)<br />5% International<br />Special considerations<br />Currency risk, etc<br />Legal – contracting<br />Jurisdiction, Translations, etc<br />effect of foreign laws<br />
  6. 6. International Civil Litigation<br />Suing There<br />Jurisdiction Issues <br />Must Follow International Procedure Rules<br />Int’l Counsel Supervision over case<br />Suing Here<br />Jurisdiction Issues<br />Must collect foreign judgments of possible similar cases<br />Obtain evidence from foreign parties<br />
  7. 7. International Business Trade Laws<br />Trade Regulation<br />Quotas<br />Anti-dumping<br />Countervailing Subsidies <br />Safeguards<br />Foreign Corrupt Polices Act<br />Anti-boycott<br />Imports<br />Import compliance programs<br />Fines and penalties<br />Foreign trade zones<br />Cargo security<br />Exports<br />Export licensing <br />Export compliance programs<br />Sanctions and embargos<br />
  8. 8. Environmental Regulations<br />Multilateral Environmental Agreements(MEAs) – agreements between countries that require them to develop implementation strategies to fulfill obligations involving reporting, training, public educations, themes of MEAs include CO2 reduction, eco efficiency, energy systems, and technology innovation <br />United Nations Environment Program(UNEP) – UN agency that coordinates UN environmental activities, assist developing countries in implementing environmental policies, and encourage development through sound environmental practices (followed by most UN members; 184)<br />Enforcement – difficult to monitor or sanction undesirable environmental practices<br />
  9. 9. Intellectual Property<br />Legal monopoly over ideas; necessary for competition and advancement of many different fields<br />Industrial Property – inventions (patents), trademarks, and industrial designs<br />Copyright – literary and artistic works (e.g. novels, poems, plays, films, music, and artwork)<br />Paris Convention for the Protections of Industrial Property – oldest treaty concerning intellectual property, started in 1883 and 170 nations have signed to date<br />Piracy - due to weak enforcement of treaties, biggest offenders have been China and Thailand recently<br />Trade Related Aspects of Intellectual Property Rights(TRIPS) – big issue in WTO Doha development round talks, obliges WTO members to extend patents lasting 20 years and copyrights lasting 50 years<br />
  10. 10. International Organizations<br />World Intellectual Property Organization (WIPO)<br />A United Nations organization<br />Dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.<br />Intellectual property - creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.<br /><br />
  11. 11. International Organizations<br />World Trade Organization (WTO) <br />Formed in 1995<br />Deals with the rules of trade between nations at a global or near-global level<br />Enforces a set of trade agreements between countries<br />The WTO agreements deal with agriculture, textiles and clothing, banking, telecommunications, government purchases, industrial standards and product safety, food sanitation regulations, intellectual property, and much more.<br /><br />
  12. 12. International Organizations<br />United States International Trade Commission (USITC) <br />Investigates the effects of dumped and subsidized imports on domestic industries and conducts global safeguard investigations<br />Maintains the Harmonized Tariffs Schedule which provides tariff rates<br /><br />
  13. 13. International Organizations<br />International Labor Organization (ILO) <br />A United Nations organization<br />Global body responsible for drawing up and overseeing international labor standards <br /><br />
  14. 14. International Agreements<br />International Trade Agreements<br />Contractual agreements that set guidelines on trade relationships <br />Result from individual countries and/or international organizations, such as the WTO.<br />
  15. 15. International Agreements<br />Bilateral Agreements<br />Agreements between any two countries<br />Made to reduce tariffs and quotas on goods and services traded between the two countries<br />Can be preferential or most favored<br />Multilateral Agreements<br />Agreements between 3+ countries<br />Made to reduce tariffs and quotas on goods and services traded between the countries<br />
  16. 16. International Agreements<br />Trade and Investment Framework Agreements<br />International trade agreements that establish frameworks for expanding trade and resolving investment issues<br />Allow countries to discuss subjects of mutual interest so that they may improve cooperation, therefore creating new opportunities for investment and trade<br />Often seen as an important step in creating Free Trade Agreements<br />
  17. 17. International Agreements<br />Free Trade Agreements<br />Agreements made between countries/organizations to eliminate all quotas, tariffs, and preferences on all or most goods and services traded between them<br />Aim of FTAs are to reduce barriers for an easy exchange of goods and services so that trade can grow<br />Major FTAs include<br />NAFTA – North American Free Trade Agreement<br />EEA – European Economic Area<br />
  18. 18. International Agreements<br />Marrakesh Agreement<br />Agreement developed out of the GATT<br />Signed in Marrakesh, Morocco in 1994<br />Took effect on January 1, 1995<br />Established the WTO<br />Established more efficient and legally binding means of dispute resolution<br />
  19. 19. Conclusion<br />There are two main sources of international law<br />There are many international organizations including WIPO, WTO, USITC, and ILO<br />There are many international agreements including trade agreements, bi- and multi-lateral agreements, free trade agreements, and Marrakesh agreements <br />