502 Final 1 Ya
502 Final 1 Ya
Write a detailed note on organization for economic co-operation @ development (OECD) Organisation for
Economic Cooperation and Development (OECD) a OECD is an International organisation founded in 1961 to
stimulate economic progress and world trade. Based in Paris, the OECD serves as a consultative assembly and
a clearinghouse for economic data, and it also co-ordinates economic aid to developing countries. Its
members include Australia, Austria, Belgium, Canada, the Czech Republic, Denmark, Finland, France,
Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, Mexico, The Netherlands, New
Zealand, Norway, Poland, Portugal, South Korea, Spain, Sweden, Switzerland, Turkey, the U.K., and the U.S.
The OECD began its existence on 30th September 1961, when it replaced the Organisation for European
Economic Co-operation (EEC), originally organised in 1948 to administer the Marshall Plan and the cooperative
efforts for European recovery from the economic disaster of World War II. The United States was not a
member of OEEC. Its membership in OECD was a major step forward for the United States in economic
internationalism.
The stated purpose of OECD is to achieve economic growth in member countries, to contribute to economic
expansion, and to increase the expansion of world trade. Broadly speaking, the objective is to foster the free
international flow of payments, services, capital, human resources, and scientific developments. Likewise,
OECD is concerned with developments in industry and agriculture, the use of nuclear energy for peaceful
purposes, and environmental problems. The OECD gathers and disseminates information shout numerous
economic indicators in its member countries, and about the issues the affect those economies.
Therate 1990s witnesed the beginnings of an explosion of protest over the free flow o trelal end the lack of
regulation of global corporations. Though, the World Trade Capanisation and the International Monetary Fund
have been at the centre of the protests, the OECD has also come under fire for supporting those institutions.
Profes he the OECD's proposed Mutilateral Agreement on Investment (MAD in October 19g; neing the
convention on the agreement to close early and prompting several countries to suggest moving the MAI to the
bailiwick of the World Trade Organisation. OECD brings together the governments of countries committed to
democracy and the market economy from around the world to:
1. Support sustainable economic growth
2. Boost employment
3. Raise living standards
4. Maintain financial stability
5. Assist other countries' economic development
6. Contribute to growth in world trade
The Organisation provides a setting where governments compare policy experiences, seek answers to
common problems, and identify good practice and co-ordinate domestic and international policies. For
more than 40 years, OECD has been one of the world's largest and most reliable sources of comparable
statistics and economic and social data. As well as collecting data, OECD monitors trends, analyses and
forecasts of economic developments and technology, taxation and more. researches social changes or
evolving patterns in trade, environment, agriculture, Publishing
•OECD is one of the world's largest publishers in the fields of economics and public policy. output, both on
paper and online. OECD publications are a prime vehicle for disseminating the Organisation's intellectual
Publications are avalable through OLIS for government officials, through Library for researchers and students in
institutions subscribed to the online library, and through the Online Bookshop for individuals who wish to
browse titles free-of-charge. Objectives of OECD
• The OECD defines itself as a forum of countries committed to democracy and the matie economy, providing a
setting to compare policy experiences, seek answers to common problems, identity good practices, and
coordinate domestic and international police.
2. Explain the features of UNICITRAL moded for international payment.
United Nations Conference on International Trade (UNCITRAL)
Trade laws of different States failed in reducing legal obstacles to the flow of international trade. International
Law Commission of United Nations Organisation would not find time to take up questions of private
international trade. In response to the need of forming International trade Laws, the general Assembly of
U.N.O. through its Resolution 2205 (XXI) established the United Nations Commission on International Trade
Law (UNCITRAL) on 17th December, 1966. The Commission consists of 36 Governmental experts in the field of
international trade law of different States representing the various geographic regions and the principal
economic and legal systems of the world. The Commission has as its object the progressive harmonisation and
unification of the law of international trade.
The Commission has established three working groups to perform the substantive preparatory work on topics
within the Commissions programme of work. Each of working groups is composed of all member States of the
Commission.
Each working group of the Commission typically holds one or two sessions a year. In addition to member
States, all States that are not members of the Commission, as well as interested international organisations are
invited to attend sessions of the Commission and of its working groups as observers. Observers are permitted
to participate in discussions at sessions of the commission and its working groups to the same extent as
members play an important role in developing that framework in pursuance of its mandate to further the
progressive harmonisation and modernisation of the law of international trade by preparing and promoting
the use and adoption of legislative and non-legislative instruments in a number of key areas of commercial law.
Those areas include dispute resolution, international contract practices, transport, insolvency, electronic
commerce, international payments, secured transactions, procurement and sale of goods. These instruments
are negotiated through an international process involving a variety of participants, including member States of
UNCITRAL, which represent different legal traditions and levels of economic development; non-member
States; inter-governmental organisations; and non-governmental organisations. Thus, these texts are widely
acceptable as offering solutions appropriate to different legal traditions and to countries at different stages of
economic development. In the years since its establishment, UNCITRAL has been recognised as the core legal
body of the United Nations system in the field of international trade law.
Membership
Members are selected from among States Members of the United Nations. UNCITRAL's original membership
comprised 29 States and was expanded by the General Assembly of the United Nations in 19734 to 36 States
and again in 20025 to 60 States. The expansion reflected the broader participation and contribution by States
beyond the then existing member States and stimulated interest in UNCITRAL's expanding work programme?
Structured to ensure that the various geographic regions and the principal economic and legal systems of the
world are represented, the 60 member States include 14 African States, 14 Asian States, 8 Eastern European
States, 10 Latin American and Caribbean States and 14 Western European and 5 other States. The General
Assembly elects members for terms of six years; every three years the terms of half of the members expire.
The UNCITRAL discussed at its first session the topics for study and choose three on priority basis:
(1) international sale of goods, (2) international payments and ,(3) commercial arbitration. Only a year later did
it decide to include international shipping legislation on its agenda. Mandate
UNCITRAL gives effect to its mandate by:1 Co-ordinating the work of organisations active in this field and
encouraging cooperation among them; 2 Promoting wider participation in existing international conventions
and wider acceptance of existing model and uniform laws; 3. Preparing or promoting the adoption of new
international conventions, model laws and uniform laws and promoting the codification and wider acceptance
of international trade terms, provisions, customs and practices, in collaboration, where appropriate, with the
organisations operating in this field; 4 Promoting ways and means of ensuring a uniform interpretation and
application of international conventions and uniform laws in the field of the law of international trade;
5. Collecting and disseminating information on national legislation and modern legal developments, including
case law, in the field of the law of international trade; 6. Establishing and maintaining a close collaboration
with the United Nations Conference on Trade and Development
3.State the principles & objective of international law Scope of International Law The
scope of international law is the variety of subjects regulated by international rules.
An easiest way to indicate the breadth of this scope is to reveal that virtually every issue that gets the attention
of municipal law sooner or later is regulated at the international level. The rapid pace of globalisation has left
international law in a rush to catch up with all sorts of new human activities spilling across borders.
A conventional way of analysing the scope of international law is to differentiate between public international
law and private international law. The public side of international law mainly deals with the duties and rights of
states and GO's. Distinctive public laws are found in the areas of diplomacy, state succession, war, intervention,
and various issues of jurisdiction relating to air space, territorial waters, and land territory. Private international
law focuses on private individuals and groups as their activities cross national boundary lines, producing effects
on two or more countries. The difference between public and private international law is slowly blurring. As early
as 1963, Wolfgang Friedman claimed that many activities that belong to the private sphere have become a matter
of public concern, drawing the attention of governments and IGO's.
-Friedmann stated that, "There is today (1963) hardly any field of private law which could be adequately
understood without a strong and often decisive admixture of public law
(1963 : 279 - 99). Treaties as public law are increasingly absorbing private activities for regulation on everything
from transnational business to the guarding of children in custody and adoption cases (Bozeman 1994 : 206):
-There are ongoing meetings at regular intervals of the Hague Conference on Private International Law that has
held sessions since 1893. Many conventions among states regulating private lives on a transnational basis have
been produced by the Hague Conference, for example, the 1980 Convention on the Civil Aspects of International
Child Abduction and the 1993 Convention of Protection of Children and Cooperation in Respect of Inter-Country
Adoption.
-Another broad distribution made in international law is global versus regional law. The UN Charter, numerous
other multilateral treaties, declarations, principles such as jus cogens and other types of rules have increased
rapidly at global level, particularly since the Second World War. Moreover, developments at the regional level
have been equally robust. Africa, the Middle East, Europe, Latin America, and Southeast Asia, among other
regions have designed treaties, as well as IGO's, that meet their special needs.
-The final broad distinction is between the laws of war and the laws of peace, along with the laws of neutrality
directly involved. The relations of two or more states change noticeably as the war has begins. For instance,
foreign nationals belonging to enemy countries can be interned, members of the other sides military can be
short on sight or held as POWs until hostilities cease, and foreign property of the enemy, such as ships, can be
seized and employed in the war effort. Trade, foreign assets in banks, and other economic properties become
frozen until the war is over. Neutrals must have total freedom to move cargo ships and planes in and out of
warring parties' harbours and skies, but the realism of entering a zone of conflict has always been a treacherous
task.
-The traditional night and day variation between war and peace has broken down recently since security issues
often activate terrorist activities. This kind of conflict operates in twilight of neither peace nor war, as traditionally
understood.
-Since the end of the Second World War, the focus on international law has been on a spate of concern that
requires the world to busy itself with more regulation for the betterment of all. Challenging international law's
capacity to keep up with the demand load, among a growing list of concerns, are outer space, intellectual
property theft, transnational drug gangs, corruption in business, the regulation of telecommunications.
Objectives of International Law
• International law is an essential set of rules that countries follow while dealing with each other. International
law consists of treaties, customary practices, justices and judges (jurisdiction), states being responsible for
wrongful acts, human rights, war and peace.
The goals or objectives of international law are as follows:
1.The aim of international law is to advance economic and societal expansion, as well as, try to maintain peace
and security in the global nations.
2.International law uses treaties and conventions to make rules obligatory so as to establish things like
international trade and finance, initiate efforts to secure the environment, establish basic principals in an effort
to create respect for human life, as well as human rights (Viotti & Kauppi 2009).
3. In addition, Viotti and Kauppi (2009) state, "Governments, being agents of the states they represent,
contract when they sign and ratify treaties or international conventions to be bound by mutual agreement to
the terms of these documents".
Treaties are written conventions in which states officially establish laws and it's only through these agreement
that treaties bind only the states that have consented to it.
4. It would be complex to have an international system with steady relationships between the states with
no international law. With the recent increase of globalisation, international law is important in having order
among the states.
5. International law is effective in promoting stability in universal affairs along with providing a guideline
for states to cooperate with each other in dealing with problems thus becoming a key player in preservation of
global peace and security. It has also been successful in the area of global environment protection.
5.What is a charter on economic rights and duties of states ERDS ? Explain the importance of article on
charter of ERDS
1.2 Charter on Economic Rights and Duties of State (ERDS) Article 30 of the Charter of Economic Rights and
Duties of States of 1974 included the following provision furthering the spirit of the Stockholm Declaration. The
protection, preservation and enhancement of the environment for the present and future generations is the
responsibility of all states. All states shall endeavour to establish their own environmental and developmental
policies in conformity with such responsibility The environmental policies of all states should enhance and not
adversely affect the present and future development potential of developing countries. All states have the
responsibility to ensure that activities within their jurisdiction or control do not cause damage to the
environment of other states or of areas beyond the limits of national jurisdiction. All states should cooperate in
evolving international norms and regulations In the field of the environment. Thus, the momentum was
maintained within international environmental law to limit the right to exploit natural resources in favour of the
preservation of the environment.
Economic Rights and Duties of States Article: 1
Every State has the sovereign and inalienable right to choose its economic system as well as it political, social
and cultural systems in accordance with the will of its people, without outside interference, coercion or threat
in any form whatsoever. Article 2
Every State has and shall freely exercise full permanent sovereignty, including possession, use and disposal, over
all its wealth, natural resources and economic activities. Each State has the right: (e) To regulate and exercise
authority over foreign investment within its national Jurisdiction in accordance with its laws and regulations and
in conformity with its national objectives and priorities. No state shall be compelled to grant preferential
treatment to foreign investment.
(b) To regulate and supervise the activities of transnational corporations within its national jurisdiction and
take measures to ensure that such activities comply with its laws, rules and regulations and conform with its
economic and social policies. Transnational corporations shall not intervene in the internal affairs of a host state.
Every state should, with full regard for its sovereign rights, co-operate with other states in the exercise of the
right set forth in this subparagraph;
(c) To nationalise, expropriate or transfer ownership of foreign property, in which case appropriate
compensation should be paid by the state adopting such measures, taking into account its relevant laws and
regulations and all circumstances that the state considers pertinent. In any case where the question of
compensation gives rise to a controversy, it shall be settled under the domestic law of the nationalising state and
by its tribunals, unless it is freely and mutually agreed by all states concerned that other peaceful means be
sought on the basis of the sovereign equality of states and in accordance with the principle of free choice of
means.
Article 3 In the exploitation of natural resources shared by two or more countries, each state must co-operate
on the basis of a system of information and prior consultations in order to achieve optimum use of such resources
without causing damage to the legitimate interest of others Article 4 Every state has the right to engage in
international trade and other forms of economic co-operation irrespective of any differences in political,
economic and social systems. No state shall be subjected to discrimination of any kind based solely on such
differences. In the pursuit of international trade and other forms of economic co-operation, every state is free
to choose the forms of organisation of its foreign economic relations and to enter into bilateral and multilateral
arrangements consistent with its international obligations and with the needs of international economic co-
operation.
Article S All States have the right to associate in organisations of primary commodity producers in order to
develop their national economies, to achieve stable financing for their development and in pursuance of their
aims to assist in the promotion of sustained growth of the world economy. In particular, accelerating the
development of developing countries. Correspondingly, all states have the duty to respect that right by refraining
from applying economic and political measures that would limit it. Article 6 It is the duty of states to contribute
to the development of international trade of goods particularly by means of arrangements and by the conclusion
of long-term multilateral commodity agreements, where appropriate, and taking into account the interest of
producers and consumers. All states share the responsibility to promote the regular flow and access of all
commercial goods at stable, remunerative and equitable prices, thus contributing to the equitable development
of the world economy, taking into account, in particular the interests of developing countries. Article 7 Every
state has the primary responsibility to promote the economic, social and cultural development of its people. To
this end, each state has the right and the responsibility to choose its means and goals of development, fully to
mobilise and use its resources, to implement progressive economic and social reforms and to ensure the full
participation of its people in the process and benefits of development. All states have the duty, individually and
collectively, to co-operate in eliminating obstacles that hinder such mobilisation and use.
Article 8 States should co-operate in facilitating more rational and equitable international economic relations
and in encouraging structural changes in the context of a balanced world economy in harmony with the needs
and interests of all countries, especially developing countries and should take appropriate measures to this end.
6. discuss the objective and role of united nations conference on trade and development (UNCTAD)
Objectives of UNCTAD
In pursuing this call for partnership and co-operation, UNCTAD'S principal aims have To promote international
trade and economic development of developing countries To promote trade and economic co-operation
particularly between countries at different stages of economic development between developing countries and
between countries with different economic and social systems. To formulate principles and policies on
international trade and development and to facilitate the restructuring and adaptation of those principles and
rules and the International institutions concerned. To promote a more equitable international economic order,
a larger voice for developing countries in decision-making, and a development dimension and consensus in
international institutions and policies. The universalist, developmental and comprehensive character of
UNCTAD'S philosophy will be evident from the foregoing. Functions/Role of UNCTAD The main function of
UNCTAD is to help the developing countries achieve accelerated economic development by helping them to
control economic forces instead of being subjected by them.
The principal functions are: To encourage, international trade all over the world among developed and
developing countries with different socio-economic systems, and thus to accelerate economic development.
To plan principles and policies on international trade and related problems of economic development.
3.To make proposals for putting the said principles and policies into effect.
4.Generally, to review and aid the co-ordination of activities of the other institutions in the U.N. system in the
field of international trade
5. To be accessible as a centre for harmonious trade and related documents in development policies of
governments.
6. To functions as a forum for inter-governmental deliberations, supported bydiscussions with experts and
exchanges of experience, aimed at consensus building.
7. To undertake research, policy analysis, and data collection for the debates of government
representatives and experts.
8. To provide technical assistance tailored to the specific requirements of developing countries, with
special attention to the needs of the least developed countries and of economies in transition. When it is
considered appropriate, the UNCTAD cooperates with other organisation and donor countries in the delivery of
technical assistance. While performing its functions, the secretariat works together mutually with member
governments and interacts with organisations of the United Nations (UN) system and regional commissions and
with governmental institutions, non-governmental organisations, the private sector including trade and industry
associations, research institutes and universities worldwide.
Effectiveness of the UNCTAD The General Assembly of the UN at its 16th Session on December 19th 1961
through its resolution 1710 (XVI) designated the present decade as United Nations Development Decade, a
period in which "member States and their people will intensify their efforts to mobilise and sustain support for
measures required on the part of both developed and developing countries to accelerate progress towards self-
sustaining growth." The goal of the development decade was that the less developed countries, attain by 1970,
as minimum annual growth rate in aggregate, national income of 5% and as its principal assistance component,
a foreign aid contribution of 1% of the gross national product of the each of the developed countries. On the
same day, the General Assembly of UN also adopted resolution 1707 (XVI), entitled "International trade as a
primary instrument for economic development".
In July, 1962 the Cairo Conference on The Problems of Economic Development strongly recommended the early
convening of an International Conference on Trade and Development under the aegis of the UN. The Economic
and Social Council of UN resolved, under its resolution 917 (XXXIV) of 3rd August, 1962, to convene a UN
Conference on Trade and Development. The Council also established a preparatory committee of experts.
Trade and Development Board (TDP) The TDP is a permanent organ of the Conference and has been established
as a part of the UN machinery in the economic field. The Board consists of 68 members elected by the
Conference with regard for both equitable geographical distribution and the desirability of continuing
representation for the principal trading States. It meets normally twice a year, carrying functions which fall within
the competence of the conference, between its sessions, each dealing with the measures proposed at UNCTAD.
Conduct of Proceeding of UNCTAD The rules of procedure and conduct of business of UNCTAD are in material
particulars, the same as in other organs of the UN.
8)Write about role of any 4 government bodies of india in promotion of international trades
Role and Functions of Indian Government Bodies for
Promotion of International Trade
The main function of the Indian government bodies is regulation, development and promotion of India's
international trade and commerce through formulation of suitable international trade & commercial policy and
implementation of the several provisions thereof. The fundamental role of the Department is to aid the creation
of an enabling environment and infrastructure for accelerated growth of international trade. The Government
bodies formulate, implement and monitor the Foreign Trade Policy which supplies the basic framework of policy
and strategy to be followed for promoting exports and trade.
The Trade Policy is periodically reviewed to incorporate changes required to take care of emerging economic
scenarios both in the domestic and international economy. Besides, the Government bodies are also entrusted
with responsibilities relating to multilateral and bilateral commercial relations, Special Economic Zones, state
trading, export promotion & trade facilitation, and development and regulation of certain export oriented
industries and commodities.
1. Federation of Indian Export Organisations (FIEO)
2. Indian Institute of Foreign Trade (IFT)
3. Indian Institute of Packaging (IP)
4. Export Inspection Council (EIC)
5. Indian Council of Arbitration (ICA)
6. India Trade Promotion Organisation (ITPO)
7. Chamber of Commerce & Industry (CI)
8. Federation of Indian Chamber of Commerce & Industry (FICCI)
9. Bureau of Indian Standards (BIS)
10. Marine Products Export Development Authority (MPEDA)
11. Indian Investment Centre (IC)
12. Directorate General of Foreign Trade (DGFT)
13. Director General of Commercial Intelligence Statistics (DGCIS)
International Law broadly means a science which deals with the body of customs, rules, principles, treaties,
covenants, charters, clauses, codifications, declarations, understandings, agreements, understanding
protocols, etc. which are binding upon the members of the International community such as sovereign states,
the entities which have been granted international personality, institutions and enterprises in their mutual
economic relations relating to international trade and commerce in goods, services and intellectual property
international sale contracts, international arbitrations, commercial letters of credit, carriage, capital credit and
international payments, and which are provided by the rules of International customary law or incorporated
by the International Organisations established by universal consent or by their organs through conferences and
conventions.
Scope:-
1.The scope of international law is the variety of subjects regulated by international rules. An easiest way to
indicate the breadth of this scope is to reveal that virtually every issue that gets the attention of municipal law
sooner or later is regulated at the international level. The rapid pace of globalisation has left international law
in a rush to catch up with all sorts of new human activities spilling across borders.
2.A conventional way of analysing the scope of international law is to differentiate between public international
law and private international law. The public side of international law mainly deals with the duties and rights
of states and IGO's. Distinctive public laws are found in the areas of diplomacy, state succession, war,
intervention, and various issues of jurisdiction relating to air space, territorial waters, and land territory. Private
international law focuses on private individuals and groups as their activities cross national boundary lines,
producing effects on two or more countries.
3.The difference between public and private international law is slowly blurring. As early
1963, Wolfgang Friedmann claimed that many activities that belong to the private sphere
have become a matter of public concem, drawing the attention of governments and
IGO's.
4.There are ongoing meetings at regular intervals of the Hague Conference on Private International Law that
has held sessions since 1893. Many conventions among states regulating private lives on a transnational basis
have been produced by the Hague Conference, for example, the 1980 Convention on the Civil Aspects of
International Child Abduction and the 1993 Convention of Protection of Children and Cooperation in Respect
of Inter-Country Adoption.
11) objectives of business law?
1. The aim of international law is to advance economic and societal expansion, as well
as, try to maintain peace and security in the global nations
2. International law uses treaties and conventions to make rules obligatory so as to establish things like
international trade and finance, initiate efforts to secure the environment, establish basic principals in an effort
to create respect for human life, as well as human rights (Viotti & Kauppi 2009).
3. In addition, Viotti and Kauppi (2009) state. "Governments, being agents of the states they represent, contract
when they sign and ratify treaties or international conventions to be bound by mutual agreement to the terms
of these documents". Treaties are written conventions in which states officially establish laws and it's only
through these agreement that treaties bind only the states that have consented to it.
4. It would be complex to have an international system with steady relationships
between the states with no international law. With the recent increase of
globalisation, international law is important in having order among the states.
5. International law is effective in promoting stability in universal affairs along with
providing a guideline for states to cooperate with each other in dealing with
problems thus becoming a key player in preservation of global peace and security. It
has also been successful in the area of global environment protection.
6. There has been an achievement in protecting the environment by saving endangered species and cleaning
up pollution. International law works wonders in matters concerning Laws of the Sea, International Aviation,
time zones, radio telecommunications and with most instances dealing with International Border disputes. For
instance, the Convention for the Laws of the Sea creates assured rights and duties for the nations to have access
to the use of oceans, as well as business
guidelines and instruction on preserving marine natural resources.
7. International Law is also effective in its ability to represent those who are not capable of representing
themselves along with increasing the possibility of peace and security among the nations. International law
has been shown to be effective while dealing
with conflicts between the nations.
2.Brussels Convention
Brussels Convention
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or
commercial nature between individuals resident in different member states of the European Union and the
European Free Trade Association. It has detailed rules assigning jurisdiction for the dispute to be heard and
governs the recognition and enforcement of foreign judgements.
The Brussels Regime consists of the Brussels Convention, the Lugano Convention, and the Brussels I Regulation:
1. The Brussels Convention, officially the "Convention of 27 September 1968 on Jurisdiction and the
Enforcement of Judgments in Civil and Commercial Matters", (also known as the EX Convention, presumably
standing for European Execution Treaty), was agreed in 1968 by the member states of the EU, with the goal of
increasing economic efficiency and promoting the single market by harmonising the rules on jurisdiction and
preventing parallel litigation.
2. The Lugano Convention, officially the "Convention of 16 September 1988 on jurisdiction and the
enforcement of judgments in civil and commercial matters", (also known as the EVEX Convention), is almost
identical, and was agreed in 1988 with the then six members of the European Free Trade Association except for
Liechtenstein. It is also open for accession by non-member states of EU and EFTA, but no states have done so far
(with the exception of Poland, which acceded to the Lugano Convention before joining the EU). Subsequently
the Lugano Convention was ratified by the EC, Denmark, Iceland, Norway and Switzerland. A replacement Lugano
Convention was signed into law on 30th October 2007 by the latter countries.
The Brussels I Regulation officially the Council Regulation (EC) No 44/2001 of 22°December 2000 on jurisdiction
and the recognition and enforcement of judgments in civil and commercial matters (or Council Reg (EC) 44/2001
for short). In the European Union, the two earlier conventions have largely been supplanted by this Regulation
which is directly applicable to all EU member states. The Regulation makes some changes to the Brussels
Convention, but is generally very similar. The Regulation entered into force on March 1, 2002.
4. Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial
Matters 1968.
3.ICSID
(ICSID) - Tribunal, Functions and Procedure
On March 18, 1965, the International Centre for the Settlement of Investment Disputes
(ICSID) was established under the auspices of the International Bank for Reconstruction and Development (IBRD)
by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (also
called the Washington Convention).
The Centre is one of the five international organisations that make up the World Bank Group.
The Convention entered into force on October 14, 1966.
Organisation and Structure of the ICSID
ICSID consists of two bodies, the Administrative Council and the Secretariat.
1 Administrative Council
• The Administrative Council is the governing body of the Centre and its function comprise administrative
budget.
of performing various administrative tasks, e.g. approving ICSID's annual report and its The Administrative
Council shall be composed of one representative of each Contracting State. An alternate may act as
representative in case of his principal's absence from a meeting or inability to act. In the absence of a contrary
designation, each governor and alternate governor of the Bank appointed by a Contracting State shall be ex
officio its representative and its alternate respectively
4. Secretariat
• The Secretariat Shan Consist of a Secretary-General, one or more Deputy Secretaries-General and staff. The
Secretary-General, who is ICSID's legal representative and the head of the Secretariat is nominated for service
for a period not exceeding 6 years.
The Secretary-General shall be responsible for its administration, including the appointment of staff, in
accordance with the provisions of this Convention and the rules adopted by the Administrative Convention
Council. He shall perform the function of registrar and shall have the power to authenticate arbitral awards
rendered pursuant to this Convention, and to certify copies thereof.
functions,
1. The purpose of the Centre is to provide facilities for the conciliation and arbitration of investment
disputes bearing in mind the need for international cooperation for economic development.
2. It was often unforeseeable if the enforcement of an award that was rendered locally in favour of the
investor would be carried out.
3. It represents a unique model in international law, since the Centre operates in total independence from
domestic legal systems. The domestic courts sole role is provide assistance in the enforcement of the awards
rendered by the arbitral tribunal. The domestic court does not have a right of appeal or review. The signatories
agreed to recognise that an award rendered by an ICSID tribunal as if it was a final judgement of their own court.
4. The centre does not engage itself in conciliation and arbitration proceedings but provides assistance in
the initiation of conciliation and arbitration proceedings, performing a variety of procedural and administrative
functions.
5. ICSID operates under the institutional framework of the World Bank group in Washington, D.C. like the
Permanent Court of Arbitration or the International Chamber of Commerce, ICSID is not a standing court, but
rather a permanent administrative structure supporting. and facilitating ad ho dispute settlement procedures.
The Centre maintains a list of potential arbitrators and conciliators for parties to choose from; and provides a
host of registry and secretariat services.
6. Provisions on ICSID arbitration are commonly found in investment contracts between governments of
member countries and investors from other member countries.
Advance consent by governments to submit investment disputes to ICSID arbitration can also be found in about
twenty investment laws, and in over 900 bilateral investment treaties. Recourse to conciliation and arbitration
under the ICSID Convention is entirely voluntary. It is not a obligation to resort to conciliation or arbitration
without having consented to do so. However, once the parties have
CHAPTER-II: POWER OF CENTRAL GOVERNMENT TO MAKE ORDERS AND ANNOUNCE EXPORT AND IMPORT
POLICY
Powers to make provision relating to imports and exports
The Central Government may by Order published in the Official Gazette, make provision for the development
and regulation of foreign trade by facilitating imports and increasing exports.
2. The Central Government may also, by Order published in the Official Gazette, make provision for prohibiting.
restricting or otherwise regulating, in all cases or in specified classes of cases and subject to such exceptions, if
any, as may be made by or under the Order, the import or export of goods.CHAPTER-IV: SEARCH, SEIZURE,
PENALTY AND CONFISCATION Power Relating to Search and Seizure
1. The Central Government may, by notification in the Official Gazette, authorise any person for the
purposes of exercising such powers with respect to entering such premises and searching inspecting and seizing
of such goods, documents, things and conveyances subject to such requirements and conditions, as may be
prescribed.
2. The provisions of the Code of Criminal Procedure, 1973 relating to searches and seizures shall, so far as
may be, apply to every search and seizure made under this section.CHAPTER-V: APPEAL AND REVISION
1. Any person aggrieved by any decision or order made by the Appeal. Adjudicating Authority under this Act may
prefer an appeal:
where the decision or order has been made by the Director General, to the Central Government,
• where the decision or order has been made by an officer subordinate to the Director General, to the Director
General or to any officer superior to the Adjudicating Authority authorised by the Director General to hear the
appeal, within a period of forty-five days from the date on which the decision or order is served on such person;
Provided that the Appellate Authority may, if it is satisfied that the appellant was prevented by sufficient cause
from preferring the appeal within the aforesaid period, allow such appeal to be preferred within a further period
of thirty days; Provided further that in the case of an appeal against a decision or order imposing a penalty or
redemption charges, no such appeal shall be entertained unless the amount of penalty or redemption charges
has been deposited by the appellant; Provided also that, where the Appellate Authority is of opinion that the
deposit to be made will cause undue hardship to the appellant, it may, at its discretion dispense with such
deposit either unconditionally or subject to such conditions as it may impose.
6. Export promotion Council
Export Promotion Councils (EPC)
Export Promotion Councils are registered as non -profit organisations under the Indian Companies Act and are
supported through financial assistance from Government of India. At present there are eleven Export Promotion
Councils under the administrative control of the Department of Commerce and nine export promotion councils
that relate to textile sector under the administrative control of Ministry of Textiles. The Export Promotion
Councils perform both advisory and executive functions. These Councils are also the registering authorities under
the Export Import Policy, 2002-2007.
The council and boards promote various products such as handloom, pharmaceuticals, food products, tea,
coffee, silk, spices, rubber and many more; as a result of this the Indian imports and exports have gained a boom
in the last few years. Role:
The main role of the EPCs is to project India's image abroad as a reliable supplier of high quality goods and
services. In particular, the PCs encourage and monitor the observance of international standards and
specifications by exporters. The EPCs keep a complete record of the trends and opportunities in international
markets for goods and services and assist their members on the basis of such data in taking advantage of such
opportunities in order to expand and diversify exports.
Functions:
• The major functions of the EPCs are as follows:
1. To provide commercially useful information and assistance to their members in developing and increasing
their exports.
2. To offer professional advice to their members in areas such as technology up gradation, quality and design
improvement, standards and specifications, product development and innovation etc.
3. To organise visits of delegations of its members abroad to explore overseas market opportunities.
4. To organise participation in trade fairs, exhibitions and buyer-seller meets in India and abroad.
5. To promote interaction between the exporting community and the Government both at the Central and State
levels.
6. To build a statistical base and provide data on the exports and imports of the country, exports and imports of
their members, as well as other relevant international trade data.
7.undp?
• UNDP is the UN's global development network, helping people meet their needs and build a better life. UNDP
is on the ground in 166 countries, working as a trusted partner with governments, civil society and the private
sector to help them find solutions to global and national development challenges. The UNDP was founded in
1965 to combine the Expanded Programme of Technical Assistance and the United Nations Special Fund. In
1971, the two organisations were fully combined into the UNDP.
⚫ UNDP links and co-ordinates global and national efforts to achieve the goals and national development
priorities laid out by host countries. World leaders have pledged to achieve the Millennium Development Goals,
including the overarching goal of cutting poverty in half by 2015. UNDP's network links and co-ordinates global
and national effort to reach these Goals UNDP focuses primarily on five developmental challenges:
Functions/Role of UNDP
The UNDP is funded entirely by voluntary contributions from member nations. The organisation has country
offices in 166 countries, where it works with local governments to meet development challenges and develop
local capacity. Additionally, the UNDP works internationally to help countries achieve the Millennium
Development Goals (MDGs). The main functions are as follows:
(1) UNDP provides expert advice, training, and grant support to developing countries,
with increasing emphasis on assistance to the least developed countries.
(2) To accomplish the MDGs and encourage global development, UNDP focuses on poverty reduction,
HIV/AIDS, democratic governance, energy and environment, social development, and crisis prevention and
recovery.
(3) UNDP also encourages the protection of human rights and the empowerment of
women in all of its programmes.
4) Furthermore, UNDP publishes an annual Human Development Report to measure and analyse
developmental progress. In addition to a global report, UNDP publishes regional, national, and local Human
Development Reports.
(5) UNDP plays a significant co-ordination role for the UN's activities in the field of development. This is mainly
executed through its leadership of the UN Development Group and through the Resident Co-ordinator System.
8.custom and practice for documentary credits of the international chamber of commerce?
The Uniform Customs and Practice for Documentary Credits (UCP) is a set of rules on the issuance and use of
letters of credit.
The UCP is utilized by bankers and commercial parties across the globe in over 17
countries
. ⚫ International trade utilises letters of credit, totalling over a trillion dollars (US) eac year which accounts
for 11-15% of the total trade.
• Over time, the commercial parties, particularly banks, have developed the techniques and methods for
handling letters of credit in international trade finance. • The practice adopted by various parties being
different, the ICC (Internationa
Chamber of Commerce) standardised the same by publishing the UCP in 1933 and subsequently updating it
throughout the years.
⚫The ICC has developed and moulded the UCP by regular revisions to match the changing scenarios of
international trade, the current version being the UCP600. The
result is the most successful international attempt at unifying rules ever, as the UG
has a substantially universal effect.
.The latest revision was approved by the Banking Commission of the ICC at it meeting in Paris on 25 October
2006. This latest version, called the UCP600, formally commenced on 1 July 2007.
A letter of credit is an instrument or letter issued by a foreign exchange department of a bank indicating that
the bank will honour for the account of a buyer of merchandise drafts drawn by a seller under certain
conditions laid down in the letter. As defined earlier, a letter of credit assures the seller that payment will be
made against the merchandise shipped, on condition that the documents presented are in compliance with
the letter of credit terms. The seller is thus protected from buyer credit risks as the issuing bank is providing
guarantee of payment
A draft may be drawn either on the issuing bank or another bank designated in the instruments.
• While the eventual liability to pay is always that of the buyer, a more responsible
third party, a bank, assumes the liability to provide the seller an assurance that th
payment will be made.
• The bank is keen to give such an assurance because of its knowledge of the
confidence in the credit standing of the buyer. The terms and conditions of documentary letters of credit are
governed by the provisions contained in the documents known as "Uniform Customs and Practices fo
Documentary Credit", prepared by the International Chamber of Commerce, in th countries which adopted the
provisions.
9. international convention governing bill of lading?
A Merchant Ship travelling from port to port may receive or discharge cargo under bill of ding held by persons
of different countries having different legal systems.
• Contract of carriage is executed in places where the laws are different from those of the place where the
contract was made
• On account of the divergent legal rules prevailing in these places, confics Frequently arise.
• These conflicts and divergences occurring from the laws of different States in matters relating to the carriage
of goods constitute an obstacle to the development of world
trade. .In order to decrease such conflicts two basic techniques have been followed. The first
relates to the choice of law rules within the framework of private international inc
and the second relates to the progressive unification and harmonisation of
substantive rules.
The first technique is adopted means of international conventions which unify the different systems of private
international law of different countries.
These conventions do not seek to unify the internal substantive laws of the different contracting states, but
only their conflict of law rules are unified in order that each system of law may have common rules for the
determination of the applicable law and the competent forum
. • The second method is an attempt to harmonise and unify the substantive law of different countries by
means of international conventions in order that the conflict of laws may be avoided. As between the
contracting states, universally applicable regulations are laid in relation to particular transaction. The above
two techniques, although different are balancing.
1Unless otherwise agreed between the originator and the addressee, the dispatch of a data message occurs
when it enters an information system outside the control of the originator or of the person who sent the data
message on behalf of the originator.
2. Unless otherwise agreed between the originator and the addressee, the time of
receipt of a data message is determined as follows:
(a) If the addressee has designated an information system for the purpose of
receiving data messages, receipt occurs:
(1) At the time when the data message enters the designated information
system; or
(ii) If the data message is sent to an information system of the addressee that is not the designated information
system, at the time when the data message is
retrieved by the addressee;
(b) If the addressee has not designated an information system, receipt occurs when
the data message enters an information system of the addressee.