MAR 4156 Lecture Notes - Lecture 7: Quran, Legal Aspects Of Computing

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9 Jun 2016
Chapter 7
No single uniform international commercial law governing foreign business transactions.
International marketers must comply with the laws of each country which it operate
Bases for legal systems
Common law: derived from English law and found in England, US, Canada,. The basis is
tradition, past practices, and legal precedents set by courts through interpretation of
statues, legal legislation
Civil or code law: derived from Roman law and found I. Germany, Japan, France, and
non Islamic and non Marxist countries. It is based on all inclusive system of written rules
of laws.
Islamic law: derived from the interpretation of the Koran and found in Pakistan, Iran,
Saudi Arabia, and other Islamic states.
Commercial legal system in Marxist-Socialist economies or states
Commercial law in Marxist economies
Commercial legal system in the Marxist socialist economies of Russia and the republics
of the former Soviet Union, Eastern Europe, China, and other Marxist social states.
As each country movers towards its own version of a free market system and enters the
global market, a commercial legal system is also evolving from Marxist socialist tenets.
Jurisdiction in international legal disputes
Determining whose legal system has jurisdiction when a commercial dispute arises is
another problem of international marketing.
The world court at The Hague and the international court of justice resolve international
disputes between sovereign nations of the world rather than between private citizens.
Legal disputes can arise in three situations
oBetween governments
oBetween company and government
oBetween two companies
World court can adjudicate disputes between governments, but disputes in situations 2
and 3 must be handled in the courts of the country of one of the parties involved or
through arbitration.
When international commercial disputes must be settled under the laws of one of the
countries concerned, the paramount question in dispute is: which law governs ?
Jurisdiction in international legal disputes
Jurisdiction is generally determined in one of the three ways, in the basis of
oJurisdictional clauses included in contracts
oWhere a contract was entered into
oWhere the provisions of the contract were performed
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