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Summary International Business Law IOR3
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Summary International Business Law IOR3 at Karel de Grote University College
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International business lawSummary of the course
1 Introduction to International Business Law ............................................ 2
1.1 What is International Business Law (IBL)? ............................................. 2
1.2 Actors in International Business Law (IBL) ............................................. 8
2 The European Union and European market law ..................................... 10
2.1 The European Union (EU) .................................................................. 10
2.2 European Market Law........................................................................ 19
3 International contracts ......................................................................... 33
3.1 International sale of goods ................................................................ 33
3.2 Incoterms ....................................................................................... 37
3.3 International commercial arbitration ................................................... 41
3.4 International distribution: agency versus distribution ............................ 43
4 Intellectual property ............................................................................. 46
4.1 Protection of Intellectual Property (IP) ................................................. 46
4.1.1 Industrial Property ........................................................................ 48
4.1.2 Copyright ..................................................................................... 63
5 Mergers and acquistions – private equity – IPO’s ................................. 65
5.1 Mergers and acquisitions .......................................................................
5.2 Private Equity ......................................................................................
5.3 Initial Public Offering (IPO’s) .............................................................. 78
6 Illegal advertisement – EU competition law .......................................... 82
6.1 Illegal advertisement ............................................................................
6.2 EU competition law ........................................................................... 85
1
,1 INTRODUCTION TO INTERNATIONAL BUSINESS
LAW
1.1 WHAT IS INTERNATIONAL BUSINESS LAW (IBL)?
• rules and norms that regulate business activities outside the legal
boundaries of states (e.g. can I transfer technology to China or vice versa?)
• it defines important contracts for international trade, such as…
- international contracts in general
- international sales
- agency contracts, distribution contracts and licensing agreements
- transfer of technology
- international financing and international payments
Topics
- international trading of goods = trade in goods includes all goods which add
to, or subtract from, the stock of material resources of a country by entering
its economic territory (imports) or leaving it (exports)
- company law = the body of law governing the rights, relations, and conduct of
persons, companies, organizations and businesses
(e.g. sole proprietorship, partnership, corporation,… and their regulations)
- maritime law = the body of law that governs nautical issues and private
maritime disputes
(e.g. Incoterms)
- insurance law = the practice of law surrounding insurance, including insurance
policies and claims à can be broken into three categories: regulation of the
business of insurance, of the content of insurance policies and of claim
handling
(e.g. headquarters in London but JV in NYC, so what insurance law is
applicable on risk in my country)
- international technology transfer = a multilateral flow of information and
technical knowledge between several scientific fields, institutions, and
business entities
- industrial property law = part of intellectual property law (the other one being
copyright), it takes a range of forms, including patents for inventions,
industrial designs, trademarks, service marks, layout-designs of integrated
circuits, commercial names and designations, geographical indications and
protection against unfair competition
2
, - international financial and investment law = the legal basis of financial
transactions and international investments
- international tax law = the study or determination of tax on a person or
business subject to the tax laws of different countries, or the international
aspects of an individual country's tax laws as the case may be
- dispute settlement = the process of resolving disputes between parties
(e.g. clauses in the contract)
Treaties: different kinds of treaties (a very important source of IBL)
A treaty = a formal and binding written agreement entered into by actors in
international law, usually sovereign states and international organizations or
individuals and other actors.
A treaty may also be known as an international agreement, protocol, covenant,
convention, pact, or exchange of letters, among other terms.
Parties:
• bilateral (tweezijdig) = involving two parties
• multilateral (veelzijdig) = involving multiple parties, so having members or
contributors from several groups
Legal form:
• traité-convention (conventie) = an agreement between two or more parties
covering particular matters, mutual obligations between the parties with no
law to withhold à less formal than a treaty (e.g. Vienna Convention)
• traité-loi (wet) = introducing legal rules, legislation law, it imposes written
rules of law à formal
Domain: commerce, war & peace, diplomatic relations, foreigners ...
Some important types:
• FNC (treaties of friendship, navigation and commerce) = bilateral treaties
concluded to facilitate commerce, navigation, and investment between the
parties, the name for any treaty establishing close ties between countries.
(e.g. free trade zone or economic union, customs, GATT and other WTO
treaties ...
• founding international organisations = United Nations (UN), North Atlantic
Treaty Organization (NATO), European Union (EU), World Trade Organization
(WTO), Group of Twenty (G20) and International Criminal Court (ICC)
3
, • (bilateral) investment treaties (BIT) = an agreement establishing the terms
and conditions for private investment by nationals and companies of one state
in another state
(e.g. foreign direct investment or FDI)
• state loans = a credit relation in which the state (or its local institutions)
appears as a borrower or lender
• judicial cooperation = mutual recognition of judgments, sending documents
from one country to another, mutual legal assistance and extradition, taking
of evidence in another EU country
(e.g. extradition, evidence)
• « demarcation » (scheidingslijn) = states which law is applicable for a
certain conflict
(e.g. double taxation avoidance treaties, jurisdiction and enforcement, conflict
of law rules)
• unification of law = the process of unifying or harmonizing the laws of
independent States
• minimum standards (esp. human rights) = the minimum requirements to be
met as a condition for the right to conduct, perform, or engage in something
Treaties: effects/sanctions
Effects in the international legal order:
• international liability of states (staatsaansprakelijkheid) = the responsibility of
states for breaches of their obligations (if breach is attributable to state itself),
the liability of states designated in so far as they are guilty of violating their
legal obligations.
(e.g. a state is responsible for direct violations of international law, such as,
the breach of a treaty or the violation of another state’s territory or a state is
also liable for breaches committed by its internal institutions)
• international jurisdiction (internationale jurisdictie) = allows states or
international organizations to claim criminal jurisdiction over an accused
person regardless of where the alleged crime was committed, and regardless
of the accused's nationality, country of residence, or any other relation with
the prosecuting entity.
• International Court of Justice à established by the UN Charter,
jurisdiction in principle only based on consent
4
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