International Trade Law Essays - International Trade,

Introduction International trade law covers various scope of activities related with agreement for sales of goods, the terms of goods carriage, quantity and quality, insurance, and intellectual property issue. Breaking out international trade law phrase into parts, ?inter? is Latin for between, ?national? is nations, ?trade? is the exchange of goods, services, and technology for profit, and ?law? is the regulation of conduct. Therefore it can be defined as the regulation of the conduct of parties involved in the exchange of goods, services and technology between nations. Commonly international trade law can be described into two, that?s ?public? and ?private?. Public international trade law is the regulation of conduct within nations about commerce. Here, ?States? is used to refer to the national governments rather than the ?governments? itself, because some governments will change and the new one will not be recognized internationally. While, private international trade law is the regulation of conduct which happened between private traders in different States. It generally does not include the trade activities of individual consumers, but there has been a shift in perception. Modern development have make the public and private international trade law has less meaning, where, for an example a World Trade Organization (WTO) agreement is public issue but it is also can be translates into private issues such as tariffs, dumping and taxes. In old times, the division also did not reflect the reality of it existence since it is masked by the government?s involvement. They used the regulation of immunity to protect their own trading position. Sources of International Trade Law Agreements between States It?s known as treaties between States and the closest international equivalent to legislation in domestic legal systems. Treaties involved more than one State, means between two States, or multiple meaning between many States. Multiple treaties are developed mostly through international organizations such as the United Nations (UN). Previously decided cases and academic writings When a doctrine have uncertainty which was not written but if it is consistent with the objective of interpretation to previous decisions, it can be taken into account. Previous arbitral awards and judicial decisions will be considered by arbitrators and national courts. Besides, leading academics writings is also considered as importance since it is a form of expert commentary of the state on which the law was used in a certain area. Agreement between traders The traders should be free to contract on their own conditions and to decide how disputes between them should be settled and according to what law. This principled is considered very important in the international trade. However, the application must be somewhat restricted because any contract of sale, regardless of its terms, cannot exist independently without national law. Therefore, the way governing law is to see whether a breach has occurred and determining the parties? risks. The course of past dealings between traders can also result in terms of becoming part of the agreement between them, besides, the contractual terms agreed. These past dealings can be applied to the contractual relationship despite their not being incorporated into it in written form. If there is an agreement of contract was made over the telephone with no reference to the standard conditions, it is shown that it was in the reasonable contemplation of the parties that the contract content has the standard conditions in the same way as in the other contracts, which contracts form a course of dealings between the parties. Domestic law If particular issue cannot be settled by the international organization, where there is no generally recognized practice or principle, or do not have a specific term in the trade contract, domestic law will be applicable. For example in Clark King & Co Pty Ltd v Australian Wheat Board (1978), (Sanson, 2002) where wheat growers argued that the monopoly of the Wheat Board was no reliable. The state laws of procedure may apply to regulate this conduct since the State court has the power to order a freeze on the sale of goods, this can be used notwithstanding the fact that the sale is ruled by an international organization. Dominant commercial organizations Multinational companies normally, who have a significant hold on the market for a particular product, commodity or service, will have a large say in how the market operates and under what conditions. This