Legal Operations in International Business
This world’s most aspects are directed and controlled by law. A major dynamic activity that is governed by law is business operations, which are basically the most undertaken activities in the globe. Additionally, the longest activities being undertaken are business activities. Therefore, even at the time when the law was drafted, business has overly been addressed in the present day law. This paper is going to address the interaction between the common types of laws that have evolved over the years with major business activities in the globe.
There are two types of law, civil and common law. These laws differ in ways that they were drafted and in the way in which they are carried out. Civil laws are formed on legislative and legal standings. Updates and changes in these laws are based on the past experiences by the judiciary. This is meant to prevent any alterations of laws that are of major impact on short time basis. This form of law is based on the native roman laws. Therefore, any instances of alterations must be completed based on allusions of the past legal principles. Mainly civil laws are codified.
On the other hand, common laws are altered and updated on gradual basis, mainly on single rulings depending on arising needs of the subjects involved. Common laws are perceived to be effective since they are not time consuming. Additionally they are not costly because they do not require a series of proceedings to have them implemented. Basically, common laws are uncodified.
The US legal system combines aspects of civil laws as well as common laws. The first property is that the United States legal system is codified and uncodified depending on the constitutional and federal levels involved. Different laws in the United States apply cased on different federal levels. Additionally, laws are changed in phases. These begin from the body of congress and are passed on to the senate before they get to the approval of the present.
Businesses in the United States mainly face legal challenges in operating businesses outside the United States. The main reason is due to the changing legal platforms from country to country. One of the major challenges is copyright infringement. Most of the laws in other countries fail to define some prospects and punishments of certain laws. Some people break certain laws such as copyright infringement but such companies are unable to charge them in a court of law. As a result, these companies succumb to many losses as a result of an infringement of their rights.
A good example is software applications and softcopy hacking over the internet. Many countries have not devised a definite law against cyber crimes. Many have been infringing these crimes and no charges can be placed against them especially in third world countries whereby no definite laws are at enhanced concerning these crimes. Additionally, some business may be harshly charged by certain common laws in these countries yet they are not accustomed to these laws especially. Worse is that such business firms may not be able to appeal for such injustices in the local legal systems of these countries.
I believe in unfair advantage in difference legal systems in various countries over the globe. This is due to the clear implication raised upon by the fact that it is difficult to develop a clear definition of necessary practices that are necessary due to international business practices. There is always a loophole that leads to the infringements of these laws against certain victims.
References
Moustaira E. N. (2004). Comparative Law: University Courses (in Greek), Ant. N. Sakkoulas Publishers, Athens.
