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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Indian Institute of Foreign Trade
30th October 2004
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
INTERNATIONAL CONVENTIONS AND PROTOCOLS
Universal Conventions / Protocols / Treaty
Regional/Bi-lateral / Multi-lateral Conventions / Protocols / Treaty
Intellectual Property Rights
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.
VIENNA CONVENTION ON OZONE LAYER
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.
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
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.
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.
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.
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.
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.
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
INTERNATIONAL DISPUTE RESOLUTION / ARBITRATION
Presentation by Sameer Rastogi, Partner