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LISTING OF LAWS. Indian Institute of Foreign Trade NEW DELHI 30 th October 2004. Presented by SAMEER RASTOGI Advocate. Listing of Laws.

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LISTING OF LAWS

Indian Institute of Foreign Trade

NEW DELHI

30th October 2004

Presented by

SAMEERRASTOGI

Advocate


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Listing of Laws

  • Object: To acquaint the participants with the existence of various International conventions / treaties / protocols and numerous Indian laws existing in India. While doing International business transactions participants may need to refer any of the convention / treaty / protocol or laws.

  • CONTENTS

  • International convention / treaties / Protocols

  • Indian laws

  • Brief about Environment Laws

  • IPR Laws

  • Labour Laws

  • Taxation

  • International Trade

  • International dispute resolution / Arbitration


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Listing of Laws

WHY ONE SHOULD KNOW ABOUT INTERNATIONAL LAWS / CONVENTIONS & DOMESTIC LAWS?

Especially In International Business Transactions

EXAMPLES - 1 AIRCRAFT BUSINESS

EXAMPLES - 2 EXPORT IMPORT BUSINESS

EXAMPLES - 3 MINING BUSINESS

EXAMPLES - 4 MARITIME / SHIPPING BUSINESS


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Listing of Laws

INTERNATIONAL CONVENTIONS AND PROTOCOLS

Universal Conventions / Protocols / Treaty

Regional/Bi-lateral / Multi-lateral Conventions / Protocols / Treaty


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Listing of Laws

Intellectual Property Rights

  • Universal Copyright Convention 1952

  • Berne Convention 1886

  • Patent Cooperation Treaty 1970

  • Nice Agreement

  • Paris Convention


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Listing of Laws

TAXATION

There are Double Taxation Avoidance Agreements (DTAA) between India and other countries. The objects of these agreements are to avoid double taxation of the income earned by any person or company in two or more countries.


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Listing of Laws

TAXATION

  • EXAMPLES

    • India - USA - dated 20th Dec 1990

    • India - UK - dated 11th Feb 1994

    • India - Germany dated 29th Nov 1996

    • India - China dated 21st Nov 1994

    • India - Japan dated 1st Mar 1990

    • India - France dated 7th sep 1994


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Listing of Laws

ENVIRONMENT LAWS

ANTARCTICTREATY

MONTREAL PROTOCOL

KYOTO PROTOCOL

BIODIVERSITY CONVENTION

VIENNA CONVENTION ON OZONE LAYER


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Listing of Laws

INTERNATIONAL TRADE

UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (VIENNA 1980) ("CISG") - This Convention establishes a comprehensive code of legal rules governing the formation of contracts for the international sale of goods, the obligations of the buyer and seller, remedies for breach of contract and other aspects of the contract. The Convention entered into force on 1 January 1988.


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Listing of Laws

INTERNATIONAL TRADE

CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS (NEW YORK 1974) - This Convention establishes uniform rules governing the period of time within which legal proceedings arising from an international sales contract must be commenced. It has been amended by a Protocol adopted in 1980 when the United Nations Sales Convention was adopted. Both the original Convention and the Convention as amended entered into force on 1 August 1988


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Listing of Laws

INTERNATIONAL TRADE

  • UNCITRAL LEGAL GUIDE ON INTERNATIONAL COUNTERTRADE TRANSACTIONS (1992)-The purpose of the Legal Guide, adopted in 1992, is to assist parties negotiating international counter trade transactions. It identifies legal issues involved in such transactions and discusses possible contractual solutions.

  • UNIFORM CUSTOMS & PRACTICE FOR DOCUMENTARY CREDITS (UCP)-500

  • INCOTERMS


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Listing of Laws

LABOUR LAWS

ILO CORE CONVENTIONS

Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)Establishes the right of all workers and employers to form and join organizations of their own choosing without prior authorization, and lays down a series of guarantees for the free functioning of organizations without interference by the public authorities. In December 1997, 121 countries had ratified this convention.


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Listing of Laws

LABOUR LAWS

Right to Organize and Collective Bargaining Convention, 1949 (No.98) - Provides for protection against anti-union discrimination, for protection of workers' and employers' organizations against acts of interference by each other, and for measures to promote collective bargaining. In December 1997, 137 countries had ratified this convention.

Forced Labour Convention, 1930 (No.29) - Requires the suppression of forced or compulsory labour in all its forms. Certain exceptions are permitted, such as military service, convict labour properly supervised, emergencies such as wars, fires, earthquakes, etc. In December 1997, 145 countries had ratified this convention.


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Listing of Laws

LABOUR LAWS

Abolition of Forced Labour Convention, 1957 (No.105) - Prohibits the use of any form of forced or compulsory labour as a means of political coercion or education, punishment for the expression of political or ideological views, workforce mobilization, labour discipline, punishment for participation in strikes, or discrimination. In December 1997, 130 countries had ratified this convention.


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Listing of Laws

LABOUR LAWS

Discrimination (Employment and Occupation) Convention, 1958 (No.111) - Calls for a national policy to eliminate discrimination in access to employment, training and working conditions, on grounds of race, color, sex, religion, political opinion, national extraction or social origin and to promote equality of opportunity and treatment. In December 1997, 129 countries had ratified this convention.


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Listing of Laws

LABOUR LAWS

Equal Remuneration Convention, 1951 (No.100) - Calls for equal pay for men and women for work of equal value. In December 1997, 135 countries had ratified this convention.

Minimum Age Convention, 1973 (No.138) - Aims at the abolition of child labour, stipulating that the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling, and in any case not less than 15 years (14 for developing countries).  In December 1997, 59 countries had ratified this convention.


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Listing of Laws

INTERNATIONAL DISPUTE RESOLUTION / ARBITRATION

ICC PARIS -International body for international Commercial Arbitration having its rules and procedures

NEW YORK CONVENTION-Forrecognition and enforcement of foreign arbitral award.

GENEVA CONVENTION-Forrecognition and enforcement of foreign arbitral award


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Listing of Laws

INTERNATIONAL DISPUTE RESOLUTION / ARBITRATION

  • Uncitral Arbitration Rules (1976)

  • Uncitral Conciliation Rules (1980)

  • Uncitral Model Law On International Commercial Arbitration (1985)

  • Uncitral Model Law On International Commercial Conciliation (2002)

  • LCIA Mediation Procedure 1999

  • European Convention 1961

  • Washington Convention 1965


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REMEMBER EXISTENCE OF LAWS

Thank you

Presentation by Sameer Rastogi, Partner


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