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derechos law

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Law derechas notes
toll - fee to get into a country. Enact a toll. Toll collection
toll vs tariff:
is that toll is custom (duty collected at the borders) while tariff is a system of government-imposed duties
levied on imported or exported goods; a list of such duties, or the duties themselves.
Toll. Intention is to protect the countries producers. Countries production protection.
lassaiz faire support the market mechanism of trade as opposed to the government interfirance
International trade organisation established in 1948. International monetary fund.
General agreement on tariffs and trade:
GATT 1947 bannned prohibitions on imports and exports, made rules about quantitative restrictions. Was
made to instill confidence on the multilateral trading system.
Intended to be a part of ITO.
They want all the players of the market to play by specific rules. More regular international trade system
comes then, is the idea.
International trade institutions:
WTO:
World trade organization is the highest institution of international trade. Launched in 1994.
The Uruguay round introduced IP rights. The Uruguay round led to all the governments had to accept
almost all of the texts in the new treaty.
The enforcement of these commitements were questionable but may be relevant in terms of private
international law regarding the treatment of mandatory law (police rules).
There's international rules that applies to all individuals and companies.
Principles of international trade system:
Most favored nation
-Same treatment
National treatment
-Imported and exported goods should receive equal treatment
Promoting fair competition
-Anti-dumping rules. Avoid export at below cost to gain market share and subsidies designed as state aid to
companies.
Encouraging development and economic reform
-Special assistance and trade concessions for developing countries. This is the most critisized one of the
Marrakesh accords.
European union
28 countries.
Created in the aftermat of world war 2. Economic cooperation. To avoid conflict. If we get interdependent
economically, we can avoid war. EEC was created in 1958 between central europe. First was only econimcal.
Then got environmental, health, imigration, justice and security. After it changed from EEC to EU.
The internal market is the EU's main economic engine.
Eu want to promote human rights both internally and internationally. Human dignity, freedom, democracy,
equality, the rule of law and respect for human rights. Core values of the EU.
Want to make its governing institutions more transparent and democratic. More powers have been given
directly to the elected european parliment
EU institutions
3 main:
-European parliment
-Council of the european union
-European council
In principle, the commision proposes new laws, the parliment and council adopt them.
Court of justice also plays a vital role, since it upholds the rule of the european law.
The court of justice:
Court of justice
General court
-1 judge each country
Civil service tribunal
-disputes withing the eu
International trade codification
UNCITRAL
Created: 1966
General rules to follow by the international trade players
Further progressive harmonization and modernization of the law
International trade codification
ICC (international chamber of commerce) (private people made it)
Most representative and largest business org in the world
Members: Companies in over 180 countries that have interests spanning every sector of private enterprise
Headquarters in Paris
International arbritration (high court): Leading provider of dispute resolution services for individuals,
businesses, states, state entities, and international orgs seeking alternatives to court litigation
Free commerce defence, companies sel-regulate, fighting against corruption and commercial crimes and
other things
UNIDROIT - inter institute unification of private law
1926 created. 63 members. Principles about commercial contracts 1994, amended in 2004 and 2010. It's
called soft law. Made to study needs and methods of modernizing, harmonizing and coordinationg private
and in particular commercial law.
Principled UNIDROIT 2010
Both parties must agree before it's applied.
-General rules for international commercial contracts
-Applied when agreed upon
-May be applied when the parties have chosen to not have any spesific law put upon them
Questions
1 Trade is the act of exchanging goods and services through two parties
2 International trade is to exchange products between different nations
3 A toll is custom. A duty fee collected at the borders. While tariff is a system of government-imposed duties
levied on imported or exported goods; a list of such duties, or the duties themselves.
4 GATT - General agreement on tariffs and trade:
GATT 1947 bannned prohibitions on imports and exports, made rules about quantitative restrictions. Was
made to instill confidence on the multilateral trading system.
Intended to be a part of ITO.
They want all the players of the market to play by specific rules. More regular international trade system
comes then, is the idea.
5 WTO was created in 1994, or 1st jan 1995
6 Adam SMiths main argument was that the market will adjust itself through the force of the invisible hand.
But was later adjusted so that the government will interfere in businesses to make it more effective.
Essentially he argued for a lassai-fare system where individuals act in their self-interest. Also opening up the
market to international trade.
7 ICC is a leader as the greatest soft core law system, which means they are a private institution doing law.
Also the governing institution of cricket. ICC as a trade name is the largest business organisation in the
world with members in over 180 countries.
8 Free trade principles:
No discrimination between countries. No favoritism. Promoting fair competition. Encouraging development
and economic reform (the most critisized one).
9 Purpose of UNIDROIT is to study needs and techniques of modernize, harmonize and coordinate private
and particularly commercial law
10 UNCITRAL was created to have general rules to follow by the international trade players. Further
progressive harmonization and modernize the law.
Created in 1966
11 Members of the court of justice of the EU are?
They have 27 Judges.
13 legislation institutions of the european union:
the European Parliament, which represents the EU's citizens and is directly elected by them;
the Council of the European Union, which represents the governments of the individual member countries.
the European Commission, which represents the interests of the Union as a whole.
12 the conference of marrakesh was The GATT and the Uruguay round were incorporated into the
Marrakesh agreement and the objective was to create a multilateral agreement.
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