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Essay / Research Paper Abstract
This 21 page paper examined four aspects of international law relevant to those in business. The first part pf the paper examines extraterritorial regulations, focusing of the US and the EU looking at unfair competition, product liability and sharp practices. This section also considers how the company veil, also referred to as the corporate veil, can be pieced and the ways that host states may be able to regulate businesses. The second part of the paper considers the different sources of international law, defines international persons and looks at how states may be recognised. The third section looks at UK (English) law giving the background to common law, considers how unique this is in the modern world and how it is relevant today. The last part of the paper considers non court systems that are used, and then outlines the differenced between arbitration, mediation and conciliation. All questions are answered in the context of international commerce. The bibliography cites 9 sources.
21 pages (~225 words per page)
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Unformatted sample text from the term paper:
at the three main areas; unfair competition regulations, product liability regulations and sharp practices regulations this topic can be explored. Unfair Competition To consider the way that law is
applied extraterritorially we need to first look at the law, and then at how it is applied. Unfair competition law starts in the US in earnest with the 1890 Sherman
Antitrust Act (August, 2000). This is still the main law in the US that regulated behaviour that is anticompetitive. Looking at this act section 1 forbids any contracts, conspiracies
or agreements that will constrain trade across the states of the US or international trade (August, 2000). Section two of this act outlaws any attempts to create a
trading monopoly between the different US states or internationally. Other acts that control anticompetitive behaviour include the Clayton Act 1914, which extends anti competition law with some definitions of what
is deemed to be unfair competition. Price discrimination is then outlawed with the 1936 Robinson-Patman Act (August, 2000). The law is enforced by the US Justice Department where there
are criminal violations and by the US Federal Trade Commission where there are civil actins required, the most common actions he is the seeking of an injunction and force compliance
with the law (August, 2000). There is also the potential for action to be brought by individuals where damages or losses have been suffered resulting from a
breach of these laws (August, 2000). The Sherman Act is applied extraterritorially as this regulates "trade or commerce among the several states, or with foreign nations" (August,
2000). However, there are some limits n the way this is applied extraterritorially. The first element are the personal jurisdiction requirements, there is the prevention of a court assuming