What is International Trade Law?
International trade law a set of principles, rules and regulations governing the relations between commercial entities and commercial companies in the field of international law and international conventions, customary international business, trade methods and the like are formed. Regulations in international trade law have always sought to limit and define the interventionist and hegemonic role of states in the business relations of individuals, because any kind of government intervention can be a serious obstacle to the stability of relations. Be commercial.
Governments have always tended to take initiative and freedom in these areas through the rules they impose on trade. For example, governments with different perceptions of productive activities can limit the scope and method of foreign investment under the pretext of supporting domestic production and industries, and another government can define favorable conditions to support foreign investment by understanding the comparative advantage.
The most important goal of international trade law is to regulate and integrate trade relations at the transnational level so that traders and traders and business companies can promote international trade and business by anticipating trade risks and considering the rules governing their activities.
One of the issues that individuals in international trade relations should consider is the restrictions on the export and import of goods and currency exchanges, and this issue is entirely within the authority and decision of governments. Businesses and merchants are expected to use legal services to learn about the latest government decisions in this regard.
Our website is one of source that provides special legal services to traders and commercial companies in this field.
Definition of international agreement
Contracts must have an external element in order to be recognized as an international contract. This external element can be the nationality of the parties to a contractual relationship, the place of conclusion of the contract, the place of performance of the contractual obligations or the place of performance of the obligation.
Basically, the same conditions that exist for the validity of contracts in Iran are more or less applicable to international contracts. Discussion and agreement of the parties on the subject of the contract, discussion of contractual guarantees, etc., as is necessary in a domestic contract, is also necessary in an international contract.
Principles of regulation of international contracts
Select the exact title of the contract;
Adherence to professional standards in the preparation of clauses of the contract: For example, the specifications of the parties to the contract must be complete, accurate and can be cited. One of the most important tasks that should be considered by legal advisers in drafting international contracts is the identification of the parties to the contract. Clarify the subject matter of the contract agreed upon by the parties and note that the subject matter should not be in conflict with the national law of the parties and international law;
Predicting the obligations and responsibilities of the parties accurately, guaranteeing the non-fulfillment of contractual obligations, how to compensate the damage in the contract, predicting the contractual guarantee, the method of resolving disputes in a way that is appropriate for the contract,
Predict a reasonable and appropriate time for the contract;
The place of concluding the contract, the place of delivery of goods or services and, in general, the place of fulfillment of contractual obligations must be clear and explicit;
How to fulfill contractual obligations or how to deliver goods and services and international payment methods;
Scope of force majeure or contingencies and their effect on the contract;
The law governing the contract and the competent authority in resolving contractual disputes;
The manner, conditions and responsibility for the transfer of transaction documents by the parties;
After-sales service in an international contract;
Obtaining licenses, certificates and business cards;
The right to transfer or not to transfer the contract to another person by the parties or one of them.
The most important international trade agreements
International trade agreements cover a wide range of agreements, the most important of which are: agency agreement ( franchise / franchise ), agency agreement , both exclusive and non-exclusive ( distribution agency agreement , sales agency agreement , etc.), reciprocal sale agreement) ((Buy back, sales contract, exclusive importer contract, financing project or financing contract, transportation contracts including domestic transportation and international freight transportation contract, technology transfer contract, license or right contract Software ratings, partnership agreements and Investment partnership agreement and… that each follow the same principles in addition to their specific conditions. One of the most important international contracts is the contract of purchase and sale of goods, which we intend to discuss in detail in the following articles, and now it is enough to introduce it.
International contract for the purchase and sale of goods
Every contract, whether concluded domestically and in a country, or concluded internationally, requires an offer and acceptance. That is, a proposal that has been put forward by one party and accepted by the other.
International agreements are very important because they relate to more than one country because they relate to the legal systems of different countries, for example the tax system, freight insurance, health standards and requirements, export and import laws and regulations. There are fundamental and obvious differences between countries, so it is necessary to observe special standards and rules regarding them.