International Business Law: Cases and Materials
George D. Cameron III
- INTERNATIONAL
- BUSINESS
- LAW:
- CASES
- AND
- MATERIALS
- is
- a
- timely
- and
- useful
- book.
- Uncounted
- millions
- of
- “international”
- transactions
- occur
- daily,
- as
- goods
- and
- services
- are
- purchased
- across
- the
- national
- boundaries
- of
- some
- 200
- political
- units.
- Capital
- flows
- from
- nation
- to
- nation,
- and
- so—to
- a
- lesser
- extent—do
- jobs,
- as
- companies
- seek
- more
- favorable
- locations
- for
- their
- business
- operations.
- The
- “rules”
- (laws)
- governing
- these
- exchanges
- quickly
- become
- complex,
- as
- persons
- (and
- governments)
- from
- different
- countries
- are
- involved.
- If
- problems
- arise
- in
- a
- cross-border
- relationship,
- whose
- rules
- apply?
- What
- forums
- are
- available
- to
- resolve
- disputes?
- Are
- there
- tax
- implications
- to
- the
- transaction?
- If
- so,
- where?
- These
- and
- similar
- questions
- need
- to
- be
- factored
- into
- the
- decision
- to
- “go
- overseas.”Each
- of
- the
- six
- chapters
- in
- this
- book
- begins
- with
- a
- brief
- overview
- of
- the
- subject-matter,
- followed
- by
- short
- previews
- of
- the
- chosen
- case
- examples.
- The
- primary
- content
- of
- the
- chapters
- consists
- of
- some
- 120
- court
- and
- arbitration
- decisions
- in
- real
- disputes,
- between
- real
- parties.
- The
- actual
- text
- of
- the
- decisions
- in
- these
- cases
- has
- been
- edited;
- some
- excerpts
- are
- quite
- brief,
- others
- are
- more
- substantial.
- Most
- “background”
- facts
- have
- been
- summarized
- by
- the
- author,
- but
- the
- edited-decision
- part
- of
- each
- case
- is
- quoted
- from
- the
- actual
- recorded
- text
- of
- the
- court
- or
- arbitrator
- who
- decided
- it.
- Clearly,
- a
- minute
- sample
- from
- tens
- of
- thousands
- of
- cases
- cannot
- provide
- comprehensive
- coverage
- of
- what
- all
- the
- world’s
- legal
- rules
- are.
- Our
- objectives
- here
- are
- simply
- to
- indicate
- some
- of
- the
- major
- potential
- “flash
- points”
- of
- doing
- international
- business,
- to
- illustrate
- some
- of
- the
- significant
- differences
- in
- the
- applicable
- legal
- rules,
- and
- to
- provide
- an
- exposure
- to
- the
- language
- and
- process
- by
- which
- international
- business
- disputes
- are
- resolved.
- “Fore-warned
- is
- fore-armed.”
- Being
- aware
- of
- these
- potential
- trouble
- spots,
- a
- sensible
- business
- manager
- will
- presumably
- consider
- them
- in
- making
- the
- decision
- to
- engage
- in
- cross-border
- transactions,
- and
- take
- appropriate
- steps
- to
- avoid
- or
- minimize
- potential
- adverse
- consequences.Chapter
- I
- of
- this
- book
- introduces
- International
- Law—its
- course
- of
- development
- and
- its
- two
- major
- sources
- (custom
- and
- treaties).
- Chapter
- II
- examines
- the
- use
- of
- national
- and
- international
- courts
- and
- arbitrators
- to
- resolve
- cross-border
- disputes.
- Chapter
- III
- provides
- basic
- coverage
- of
- the
- United
- Nations
- Convention
- on
- Contracts
- for
- the
- International
- Sale
- of
- Goods:
- when
- it
- applies,
- how
- the
- sale
- contract
- is
- formed,
- when
- risk
- of
- loss
- on
- the
- goods
- passes
- from
- Seller
- to
- Buyer,
- and
- what
- responsibilities
- the
- Seller
- has
- for
- the
- quality
- of
- the
- goods
- sold.
- Chapter
- IV
- looks
- at
- some
- of
- the
- legal
- questions
- that
- might
- arise
- in
- conducting
- cross-border
- commercial
- operations—employment
- issues,
- intellectual
- property
- issues,
- and
- investment
- issues.
- Chapter
- V
- considers
- potential
- questions
- regarding
- taxation
- of
- international
- activities,
- and
- the
- regulation
- of
- adverse
- environmental
- effects.
- Chapter
- VI
- reviews
- the
- efforts
- by
- national
- governments
- to
- apply
- their
- competition
- regulations
- to
- international
- business
- transactions,
- and
- the
- difficulties
- that
- private
- parties
- might
- have
- in
- attempting
- to
- enforce
- legal
- claims
- against
- governments
- and
- their
- agencies.
- While
- these
- are
- surely
- not
- the
- only
- legal
- issues
- that
- might
- arise
- in
- connection
- with
- international
- business,
- they
- do
- constitute
- a
- significant
- set
- of
- concerns
- of
- which
- managers
- need
- to
- be
- aware
- as
- they
- venture
- into
- the
- international
- “stream
- of commerce.”
