International Trade Laws Essay Example | Topics and Well Written Essays - 1250 words

Inter field of study Trade Laws - Essay ExampleThis works for the higher competitive advantage of the national companies, and thus closing eyes on the illegal actions irrelevant companies take abroad, as well as trying to litigate them for the refund of the damages which national companies pay abroad, and which is often resolved for the benefit of the national company, is a promoter of fighting controversy through the means and methods which be legal only on the surface. Competition law embodies an constitutive(a) conflict while protecting local consumers from monopolies, cartels and oligopolies - it ignores the very same practices when directed at foreign consumers. (Francis, 1995) For example, dismantle GATT /WTO rules take into account the existence of the foreign trade cartels, and if the same actions would be considered to be illegal within the country, these actions are seen as proper and legal at the international level. (Mathis, 2002)It was interesting to note, that o ne of the literary sources recommends adoption of the kid back plannings for the poor countries, which would want to develop their export markets. These tike back provisions would allow local courts to refund any penalty payment put on the local company by a foreign entity for the violation of trade policies and using unfair methods of international trade. ... Lets have a hand-to-hand look at the GATT International Antitrust Code, which has created the four main principles, violated through the use of claw back provisions. - National laws should be applied to solve international competition problems - Parties, regardless of origin, should be tempered as locals - A minimum standard for national antitrust rules should be set (stricter measures would be welcome) and - The make-up of an international authority to settle disputes between parties over antitrust issues. (Tarullo, 2002)The use of claw back provision if the violation of the first noted principle - they are not crated in accordance with the international laws and they feign not foster creation of the laws which would support competition on the international level. Moreover, parties, regardless origin, should be treat as locals however claw back provisions are clear examples of the absolutely opposite actions of the parties. hooking back provisions are often depicted as the best means of protecting the parties from the uncomely judicial treatment in the foreign country however fighting illegal actions and unfair competition is possible only through the adoption and use of such fines and damage payments for the benefit of the party the rights of which were violated. harmonise to the Havana Charter 1947, there is a list of actions which are supposed to be illegal and maintain the moves of the unfair competition among these actions are discriminating particular enterprises, excluding enterprises from a specific territorial market, etc. make back provisions, on the contrary give local (national) companies legal basis for unfair competition actions in the foreign country through understanding that in case they are sued, their country of