Sustainable Development and International Business Law Report
Sustainable development and international business law
1) Executive summary
This scenario involves four countries and four separate business transactions. Further, it involves several main legal issues which will be dealt with in the discussion. * The first issue is which law will govern the transactions between the parties – domestic or international law, and the implications of both. * The scenario raises the issue of the selection of incoterms which will best accommodate the interest of both parties in the first and second transaction between WCO and China and WCO and Philippines respectively. * The second issue raised is the difference in currency the parties would like to use again in the first and second transactions. * The third issue in the scenario is with respect to the transportation of goods by sea and the liability which arises thereof. The issue arises out of the third transaction between WCO and Thailand. Carriage of Goods by Sea Act 1992 and its application will be analysed. * Another issue is who is responsible for the manufacture and labour used for the manufacture of goods – WCO or Gubengi? * With regards to the last transactions, the documents of trade and in particular the significance of the Bill of Lading give rise to an issue which will be dealt with. * The use of child labour for the manufacturing of the goods is another main issue. * The imposition by the buyer on the seller of a use of subcontractors who are publicly responsible is another issue. * Sustainability will be looked at through the discussion of each issue and a recommendation will be formed at the end as to its all transactions.
2) The facts
WCO has its parental company based in the UK. It has subsidiaries throughout the world which in itself defines the multinational character of the company. One of its subsidiaries operates in Gubengi – a state on the North Western corner of Africa which has been a colony the French.
1) Executive summary
This scenario involves four countries and four separate business transactions. Further, it involves several main legal issues which will be dealt with in the discussion. * The first issue is which law will govern the transactions between the parties – domestic or international law, and the implications of both. * The scenario raises the issue of the selection of incoterms which will best accommodate the interest of both parties in the first and second transaction between WCO and China and WCO and Philippines respectively. * The second issue raised is the difference in currency the parties would like to use again in the first and second transactions. * The third issue in the scenario is with respect to the transportation of goods by sea and the liability which arises thereof. The issue arises out of the third transaction between WCO and Thailand. Carriage of Goods by Sea Act 1992 and its application will be analysed. * Another issue is who is responsible for the manufacture and labour used for the manufacture of goods – WCO or Gubengi? * With regards to the last transactions, the documents of trade and in particular the significance of the Bill of Lading give rise to an issue which will be dealt with. * The use of child labour for the manufacturing of the goods is another main issue. * The imposition by the buyer on the seller of a use of subcontractors who are publicly responsible is another issue. * Sustainability will be looked at through the discussion of each issue and a recommendation will be formed at the end as to its all transactions.
2) The facts
WCO has its parental company based in the UK. It has subsidiaries throughout the world which in itself defines the multinational character of the company. One of its subsidiaries operates in Gubengi – a state on the North Western corner of Africa which has been a colony the French.
Bibliography: * Roberts and Bellone Hite, The Globalisation and Development * Reader, Blackwell Publishing, 2007 * Brooks, The Global Justice Reader, Blackwell Publishing, 2008 * Martell, The Sociology of Globalisation, Polity, 2010 * Carr, International Trade Law, Routledge Cavendish, 2010 * Hann and Hart, Economic Anthropology, Polity,2011 * Trubek and Santos, The New Law and Economic Development, * Cambridge, 2011 JOURNAL ARTICLES * John Stanton, ‘Local sustainable development: lessons learned from the New Deal for Communities’, Environmental Law Review, 2012 * Virginie Barral, ‘Sustainable development in international law: nature and operation of an evolutive legal norm’, 2012, European Journal of International law * Bruce A [ 6 ]. The Natural Gas Case, Austria, Supreme Court, 1996. [ 7 ]. Pyrene Co. Ltd v. Scindia Navigation Co. Ltd (1954) 2 QB 402, Hardy & Co. v A.V. Pound & Co. Ltd (1955) 1 QB 499, The El Amira and El Minia (1982) 2 Lloyds Rep 28.