Fundamentals of international business transactions
Author(s)
Bibliographic Information
Fundamentals of international business transactions
Kluwer Law International, c2000
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Note
Includes bibliographical references (p. xlv-xlviii) and index
Description and Table of Contents
Description
There are many guides to the conduct of international business transactions. This one identifies the many sources of risk in cross-border transactions, analyzes the legal instruments that provide protection to the parties, and describes the practical means - institutional, purchased, and negotiated - of reducing, reallocating, and perhaps even eliminating risks. Each chapter covers a distinct element of risk, with insightful commentary on the relevant national, regional, and international laws and detailed analyses of leading and defining cases from many jurisdictions and international courts, as well as considerations of significant scholarly contributions and guidance through insurance options and matters for negotiation. Beginning with the entry-level commercial transaction and letter of credit financing, the author moves through issues of commercial law, dispute resolution, sovereign involvement, public international law, antitrust law, and taxation. Along the way, he highlights types of transaction to which host country law has special application.
The crucial issues of jurisdiction, choice of forum in dispute resolution, recognition and enforcement of judgments, foreign currency judgments, and defenses against claims of sovereign immunity all arise in context with detailed critical analysis and commentary. Other matters covered include the commercial and political risk insurance provided by such US agencies as the Export-Import Bank and the Overseas Private Investment Corporation (OPIC), and the protection for investors offered by the International Centre for Settlement of Investment Disputes (ICSID), and the draft Multilateral Treaty on Investment (MAI). With its expert application and interpretation of the relevant provisions of such important legal instruments as the UN Convention on Contracts for the International Sale of Goods (CISG), and UNIDROIT Principles, the General Agreement on Tariffs and Trade (GATT), and the Uniform Commercial Code (UCC), this major work is comprehensive in itstreatment of its subject matter for.
Table of Contents
I. Introduction: Dealing with the Increased Risks of Transnational Transactions. II. The Export-Import Transaction: The Foundation of International Trade. III. Governmental Regulation of International Trade. IV. Financing the Complex Transnational Transaction: Beyond the Letter of Credit. V. Professional Responsibility in a Transnational Transactions Practice. VI. Dispute Resolution in International Trade. VII. Deals and Disputes Involving Foreign Sovereigns: Foreign Sovereign Immunity and Act of State. VIII. Legislating Morality in International Business Transactions: National and International Prohibitions on Corrupt Business Practices. IX. Beyond the Direct Sale: Alternative Forms of Involvement in International Trade. X. Investment Abroad -- Extending the Involvement, Increasing the Risk. XI. U.S. Antitrust Regulation of International Business Transactions. XII. U.S. Taxation of Export and Overseas Operations.
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