Internationalizing legal systems

The internationalization of the Japanese legal system has even further to go. Foreign lawyers may be employed in Japanese law companies, but they are not allowed to work on cases that involve Japanese laws, or to run law firms inpartnership with Japanese lawyers. It seems there is nothing to stop them from taking the Japanese law examinations, but these are almost impossible to pass for anyone who is not a native speaker of Japanese.

Continuing differences among legal systems seem to be a major barrier to the internationalization of the legal profession. Nevertheless such barriers are breaking down. International business requires contracts that are internationally valid and lawyers who can argue cases in the courts of different countries. The number of international tort cases is increasing. For example in 1981, workers injured in an American-owned Union Carbide factory in Bhopal, India, took their case to the United States. When political circumstances allow, individuals take legal action to force their government to obey international agreements, and every year such agreements increase. The 1990s have seen old states disappear (for example, the Soviet Union) and new ones appear (Slovenia). At the same time, civil wars, refugee crises and environmental disasters are demonstrating the need for more laws across frontiers.

Since the UN is not a world government but a conference of the world's existing national governments, the limitations of international law become clear whenever there is a dispute between a nation and an ethnic group within its borders. Without a national government, the Tibetans (ruled by China and the Kurds (spread across Iraq, Turkey and Syria) face enormous difficulties in publicizing their social and economic problems. However, the increasing tendency of states in Eastern Europe and the Caucasus to fragment into ethnic factions suggests that there will never be enough nations to represent all the citizens of the world. The concept of world citizens directly electing a world government still seems remote.

While movement toward an international government continues to be slow, international law is developing rapidly in the form of limited practical agreements to facilitate trade and protect the environment. More and more people are affected by activities in areas that are not under the exclusive control of any one nation. Pilots and air traffic controllers work within guidelines laid down by the 1944 Chicago Convention, when traffic was only a fraction of its present volume. Homeowners can turn to the 1972 Convention on International Liability for Damage Caused by Space Objects when space debris falls on their property (as happened to Canadians in 1979). Even Antarctica and outer space are subject to several pieces of legislation to prevent them becoming as dirty and dangerous as the rest of the world.

As fast as international law grows, it is not fast enough. Conventions on Environmental Protection in Geneva (1979), Vienna (1985) and Rio (1992) have managed to emphasize not only the seriousness of the problems but the political and economic difficulties of doing anything about them. The 1982 Law of the Sea builds upon some of the oldest international law in the world, covering such matters as rights of passage through straits, deep-sea mining, and the rights of landlocked states, piracy and collisions. But the number of disputes, hijackings and accidents gets more, not less. The future of law, the "necessary' evil," seems to be one of inevitable expansion.

(taken from http://www.just-english.ru/diplo_and_law.htm)

DIFFERENT TYPES OF INTERNATIONAL LAWYERS (By Jessica Ellis)

International lawyers are legal professionals who focus their career around questions of international law. Different nations conduct both private and public business with one another every day, thanks to the shrinking boundaries of communication and transportation throughout the world. There are many different types of international lawyers, including business or corporate attorneys, government-based lawyers, and private practitioners specializing in human rights and immigration laws.

In the 21st century, almost every large corporation in the world operates on a global level. While crossing national boundaries opens up markets and can vastly improve profits, it involves a considerable amount of legal maneuvering. Tax and labor laws, import/export laws, and statutes governing the legal operation of companies all vary from nation to nation. International lawyers specializing in business can do many things to ensure that a corporation is operating legally and being treated fairly in the international community. Some of the jobs that international lawyers in the business world may have include briefing a company on the legal pros and cons of a new market, drafting company policy to meet national law standards in a foreign country, and overseeing business practices in foreign nations to ensure compliance with applicable laws.

Public sector international lawyers often act as go-betweens for different nations. These lawyers may prove vital in the drafting of trade agreements, international contracts, and the creation of international law. In addition to working for national governments, public sector lawyers may also be employed by international organizations, such as the World Bank or the United Nations. International lawyers in this capacity often have an extremely broad knowledge of law in different nations, as well as excellent foreign language skills. International lawyers may choose to forgo working for one organization, instead focusing on private management of international law issues. Many human rights lawyers specialize in working on both public and private sector cases, as long as they revolve around the protection or expansion of human rights. Immigration lawyers often work to improve immigration laws between different nations as well as helping individual immigrants achieve citizenship or residency.

Issues before international courts, such as the United Nations' International Court of Justice, are typically handled by international lawyers. These matters may include such diverse topics as war crime tribunals, customary law between nations, and new or revised treaty agreements. Though international court cases are extremely rare compared with national court cases, they often involve months or even years of investigation, research, and preparation. The complexity of reaching cooperative agreements based on centuries of precedent and previous agreements between nations can be quite time-consuming, but may be an area of passionate interest for the right type of lawyer. (The article is taken from http://www.wisegeek.com/)

WHAT ARE TRANSNATIONAL CRIMES? (B y Christopher John)

Transnational crimes are offenses that have significant effects in two or more countries. These crimes often involve border crossing; certain offenses may occur entirely within one nation, however. Examples of these crimes include cybercrime, money laundering, terrorism, and smuggling weapons, drugs, or people. Organized crime groups are usually responsible for transnational crimes. Despite unique challenges, countries are working together to combat these crimes by sharing information and extraditing offenders for prosecution.

Persons committing transnational crimes may never leave their home country, but the offenses often have a direct impact on other nations. For instance, criminals often use the Internet to commit a multitude of offenses known as cybercrimes. The Internet has no boundaries, and anyone with web access is a potential victim. A typical crime involves thieves in one nation setting up a phony website that mimics the website of a legitimate company. The criminals use the site to trick people into transferring money, credit card or banking account numbers, or personal information.

Organized crime gangs or organizations are often responsible for most transnational lawbreaking. These groups vary in size, structure, and criminal activities. They often spring into existence to take advantage of a specific opportunity such as transporting people, drugs, or weapons across the border of a neighboring nation. Groups involved in transnational crimes often focus in one particular type of criminal activity.

To illustrate, a criminal organization may focus upon sex slavery in which they kidnap women and/or children from one country and transport them to another country. The victims are then forced to commit sex acts. If the women or children refuse, they are tortured. Essentially, the criminals specialize in a particular criminal activity. It is generally unusual for a group involved with sex slavery to engage in other transnational crimes such as smuggling weapons or drugs.

Nations fighting transnational crimes face unique challenges. First, each country has its own unique laws and court system which makes it difficult to capture persons or transfer individuals from one nation to another to face prosecution. Second, some countries lack the resources to fight criminal activity occurring within their borders. Some countries also do not consider certain activities occurring within their nation, such as growing marijuana, as illegal. Third, law enforcement agents and political officials in some countries are often corrupt because they receive bribes or themselves are directly involved in criminal activities.

Nevertheless, to fight transnational crimes, nations enter into cooperative agreements or treaties with each other. This allows them to transfer persons accused of criminal activities to one another for prosecution. They also share information, exchange or protect witnesses, and participate in joint operations to capture criminals. Wealthier nations also provide financial aid to nations with fewer resources to help them improve their justice systems.

(The article is taken from http://www.wisegeek.com/what-are-transnational-crimes.htm)

WHAT IS INTERNATIONAL BUSINESS LAW?

Written By: R. Kimball

International business law is the practice of law in the global business community. It includes a focus on economics and the law, international commercial transactions, licensing, tariffs and taxes, and many other topics. International business law varies by jurisdiction. It builds on top of basic business law concepts by expanding them to an international arena.

A study of economics and the law gives an attorney an analytical framework for considering legal and economic aspects of a particular policy as it relates to international commercial law. International business law is almost always related to trade or commerce in one way or another. Considering the economic impact of a specific transaction or a policy’s effect on transactions is an important part of this practice area.

Public international law issues affect commerce and trade in a variety of ways. The laws of several different jurisdictions come into play in each transaction. An analysis of the specific laws for each jurisdiction must be completed prior to determining which jurisdiction is best for a given transaction.

Trade agreements have a significant impact on international business law. Two or more countries may join together for a specific trade agreement in order to define certain aspects of commerce or trade. The North American Free Trade Agreement (NAFTA) is an example of a trade agreement. It is a trilateral agreement between the United States, Mexico, and Canada intended to reduce trade and investment barriers between the three countries. These types of agreements exist among many different countries and must be considered as one enters into a new set of commercial transactions.

Licensing of different property rights is a major issue in the field of international business law. A company in one country may develop a specific intellectual property. This company may then have the item produced in a different country, or it may license other companies the right to produce this item in many different countries. As each of these transactions is negotiated, the rights licensed or maintained by each of the different companies are the primary focus of the commercial transaction. The laws in each of the jurisdictions all play into how the transaction is negotiated.

Tariffs, taxes, and other mechanisms for regulating trade vary by jurisdiction. There are usually basic provisions for a country that can be modified by trade agreements among the different countries. These issues must be considered as one negotiates each transaction.

(The article is taken from http://www.wisegeek.com/what-is-international-business-law.htm)

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