100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary International Business Law IOR3 $7.04   Add to cart

Summary

Summary International Business Law IOR3

 9 views  0 purchase
  • Course
  • Institution

Summary International Business Law IOR3 at Karel de Grote University College

Preview 4 out of 104  pages

  • July 5, 2021
  • 104
  • 2020/2021
  • Summary
avatar-seller
International business law
Summary 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

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller emmaroofthooft. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $7.04. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

80796 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$7.04
  • (0)
  Add to cart