For many years, there have been several attempts in the harmonisation of international trade. Unfortunately, sales of international goods are very complex and this leads to great difficult in unifying trade law. People have tried to create universal laws to mend shipping issues, seller to buyer relationships and fraud, however, there is still no global international trade law. So far, with every attempt, it becomes clearer that nations have conflicting ideologies or viewpoints and hinders the progression of global harmonisation of international trade. The idea of perfectly harmonising international trade is not possible because countries act to benefit their self-interests and have varying interpretations of law.
The Hague-Visby Rules, Hamburg Rules and Rotterdam Rules are all international trade laws which attempted to harmonise trade law regarding carriers. However, not all countries have parted from their laws and adopt the Rotterdam Rules, the most modern of the three provisions. The Hague-Visby Rules are heavily criticised because of the laws included seem to heavily favour cargo owners and the Hamburg rules were introduced to replace the 1924 Hague Rules and the 1968 Hague-Visby Rules (Wanigasekera and Creasy, n.d., p. 2, 4). The Hamburg Rules and the Hague-Visby Rules are very different from each other in regards of what goods are covered and time length to bring a claim. According to Hague-Visby Rule article 1(c), “'Goods' includes goods, wares, merchandise, and articles of every kind whatsoever except live animals” and deck cargo (Jus.uio.no, 2014). The Hamburg Rules accepts live animals and deck cargo within their provisions as goods covered under Article 1(5) and Article 9 (United Nations Convention on the Car...
... middle of paper ...
... (Vienna, 1980). [online] Available at: http:// www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG_status.html [Accessed: 30 Mar 2014].
United Nations Convention on Contracts for the International Sale of Goods. 2010. [e-book] New York: United Nations. Available through: Uncitral.org http:// www.uncitral.org/pdf/english/texts/sales/cisg/V1056997-CISG-e-book.pdf [Accessed: 25 Mar 2014].
United Nations Convention on the Carriage Of Goods By Sea, 1978 (Hamburg Rules). 1994. UNCITRAL, www.unicitral.org.
Wanigasekera, A. and Creasy, J. L. n.d. Comparison of Hague-Visby and Hamburg Rules.
Zerman, P. 2011. Deviation : Justified or allowed and implications for the P&I cover. [online] Available at: https://extranet.skuld.com/News/Legal-News/ Deviation--Justified-or-allowed-and-implications-for-the-PI-cover--Slow- steaming/ [Accessed: 2 Apr 2014].
The pioneering judgement in Keck1 differentiated product requirements and selling arrangements. Justified by the effect on market access, the latter was held to be outside of the ambit of Article 34 TFEU, prohibiting all measures having equivalent effect to quantitative restrictions on imports2 between Member States. This was widely interpreted in Procureur du Roi v Dassonville3 to preclude the totality of trading rules implemented by Member States that are capable of either directly, indirectly, actually or potentially, hindering intra-Community trade, as measures having equivalent effect.4 In Keck, the European Court of Justice (ECJ) aimed to clarify case law5 after Article 34 was increasingly invoked by merchants challenging national trade regulations insofar as the impact on the free movement of goods was negligible.6 However, it received much criticism for its apparent contradiction of the application of EU laws of free movement of goods, most notably the judgements in Dassonville and ‘Cassis de Dijon,’7 which followed the Treaty’s objective of a single market. “The most authoritative assault ever mounted on the reasoning in that judgement,”8 Advocate General Jacobs’ (AGJ) criticism of Keck in Leclerc-Siplec 9, will be examined throughout in accordance with the differing theories concerning the approach of Article 34.
In today’s increasingly smaller world, free trade and globalization have become inevitable parts of our lives. The growing importance of free trade and globalization have undoubtedly impacted the existence and extent of conflicts between nations. Free trade is defined by Mankiw (2015) as “the unrestricted purchase and sale of goods and services between countries without the imposition of constraints such as tariffs, duties and quotas.” The economic argument for free trade is that nations that engage in it will be able to produce and consume more due to the principles of absolute and comparative advantage. More recently, arguments in favor of free trade have emerged not
The open markets are filled with competitors trying to trade and sell their goods and services.
To achieve perfect globalization it will be of great importance to eliminate the barriers between the countries. This can be attained by eliminating the differences in tariffs which will benefit the businesses of all the countries of the world. Tariffs don’t bring any benefits to the countries that they impose them, and for this reason they won’t help in realization of globalization. With tariffs reduction and the enhancement of globalization the consumers will have more choice on products and wider price range for the products. This is because reduction in tariffs results in reduction in trade barriers which is expected to expand the global economy. The elimination of tariffs will make the businesses to export freely and import freely, there will be an increase in the quality of goods and services that are produced in...
Many of the ethical issues in global trade are the direct result of varied political, legal economic growth and culture around the world. In parts of the world business practices would also vary. What would be normal in one region of the world or a country could easily be considered unethical or even illegal.
The World Trade Organization has outlawed import quotas on manufactured goods. Recent trade negotiations proposed that countries convert quotas into tariffs (148-149). There is also a global quota which permits x number of goods to be imported but doesn’t restrict who or where the import comes from and a selective quota which is specific in number and country (149).
International trade has become one of the most important things to do for the economy of a country. There are two ways to do the agreement, bilateral trade and multilateral trade. The first one, bilateral trade is the trade happens between two people, groups or countries. The trade can be in political, economic, or military matters. On the other hand, multilateral trade is a free trade between two or more countries at the same time. This trade aim to promote, enhance, and regulate trade in equal manner.
The next topic is the bill of lading, which is an instrument issued by an ocean carrier to a shipper that serves as a receipt of the contract of carriage, and as a document of title for the goods. The treaty that governs the bill of lading is the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading. It is also known as the 1921 Hague Rules and the Brussels convention of 1924. The Hague Rules were extensively revised in 1968 by a Brussels Protocol. The amended version is known as the Hague-Visby Rules. Most countries are a party to the 1921 Hague Rules, and a few have adopted that Hague-Visby amendments such as France and the United Kingdom. A bill of lading serves three purposes, First it is a carrier’s receipt for goods. Second it i...
International trading has had its delays and road blocks, which has created a number of problems for countries around the world. Countries, fighting with one another to get the better deal, create tariffs and taxes to maximize their profit. This fighting leads to bad relationships with competing countries, and the little producing countries get the short end of this stick. Regulations and organizations have been established to help everyone get the best deal, such as the World Trade Organization (WTO), but not everyone wants help, especially from an organization that seems to help only the big countries and those they want to trade with. This paper will be discussing international trading with emphasis on national sovereignty, the World Trade Organization, and how the WTO impacts trading countries.
Krugman, P.R. (1987) Is free trade passé? The Journal of Economic Perspectives, 1(2), 131-144. Retrieved from http://dipeco.economia.unimib.it/Persone/Gilli/food%20for%20thinking/simple%20general%20readings%20on%20economics/Is%20Free%20Trade%20Passe.pdf
International agreements, treaties, and conventions are becoming progressively more important to International Business Enterprises. The scope of international conventions is no longer restricted to relationships between governments. Of particular interest to International Business Enterprise is the Convention on International Sale of Goods, to which the U.S. Senate gave its guidance and consent in 1987. The Convention on International Sale of Goods is a sort of international uniform commercial code. In fact, the Uniform Commercial Code was used as a model for the Convention. The Convention applies to sales transactions among two parties in different countries if each country has ratified the transaction.
International trade and investment are commercial operations of critical importance for economic development that pose peculiar legal challenges. Cross-border transactions require the conclusion of several contracts (e.g., relating to sale of goods, transport, financing, dispute resolution), each of them with one or more foreign element; international investments demand a dedicated legal framework to ensure predictability of their various phases . The adoption of a uniform commercial text is commonly seen as the most effective method to ensure that modern, efficient and predictable legislation is enacted. Recognising such needs, the sale of goods contracts are widely recognised as the backbone of international trade and therefore attempts to make a uniform commercial text started as early as 1930. The CISG is the culmination of decades of negotiations and discussions over the harmonization of international sales law.
International trade plays crucial role in the development of any country. And Trade facilitation can be define as a procedure to make international trade possible in a best and efficient way. In which transaction cost of trade is minimum and goods transfer from one country to other in shortest time. According to WTO, “Trade facilitation is defined as a procedure and controls for the movement of the good from one country to another can be reduce cost and burden. And also find the efficient flow of goods”. According to Kommerskollegium (2008), Trade Facilitation can be define as “a reduction in trade complexities and cost of trade transaction process and insuring that all these activities take place in an efficient, transparent and predictable manner”. According to Kommerskollegium (2008), International Trade is a key driver of economic growth. Trade facilitation reduces compliance cost, enhance government controls and capabilities and it is not achievable without Political determination and international efforts. The author also explains Trade Facilitation as “a mixture of Harmonisation of applicable rules and regulation, standardization of information and requirements, simplification of administrative and commercial formalities, procedure and documents and transparency of the whole process”. It can be done by government regulation and controls, business efficiency, improved transportation, advancement of the information and communication technologies, and efficient and easy payment procedure. Custom play a central role but all border agencies should also involve in this procedure in an effective manners. It’s also an argument in support of trade facilitation that why developed nation are focusing on trade facilitation. If we go ...
In order for international trade to work well, governments must allow the world market to determine how goods are sold, manufactured and traded for all to economically prosper. While all nations may have the capability to produce any goods or services needed by their population, it is not possible for all nations to have a comparative advantage for producing a good due to natural resources of the country or other available resources needed to produce a good or service. The example of trading among states comprising the United States is an example of how free trade works best without the interve...
Before the adoption of Hague Rules many ship-owners were undertaking no liability whatsoever. Some ship owners were apparently excluding virtually all or at a great deal of their liability. Such exclusion clause was valid which excluded all ship owners’ liability for all events including their own negligence. The only basic liability of the ship owner in regard to seaworthiness and care of cargo was not excluded unless clearly stated. The philosophy behind such minimum liability was that sea transit was a dangerous adventure at that time (usually at the time of wooden vessel). A person participating in it assumed that carrier will do the best he can therefore it is fair to excuse him of the particularly maritime as opposed to the bailee aspects of the responsibilities undertaken. The movement from wooden vessel to metal vessel gave the carriers a strong position than before. It let them to undertake some liability but the practice was not uniform. The nature and extent of liability were varied as per the negotiation between carrier and the shipper and also by the terms of the bill of lading issued by the carrier. The Hague Rules was the first attempt which put this practice in a regulatory framework.