Legal Operations in International Business Assignment Help
Disputes are majorly found in every type of business and in every country. Every country makes certain laws in
order to settle the various disputes related to business and other activities. Researcher has selected US and China in order to research the laws and regulations pertaining to the settlement of disputes. In this legal assignment help paper, benefits of using the negotiation process in order to settle the disputes have been analyzed. In addition to this, WTO power and authority in order to settle the disputes and implications of choosing private law to seek ratification have also been identified in this paper. Along with this ramifications of choosing the governing law have been discussed in this paper.
Benefits of Using Negotiation Process Negotiation is considered as the most flexible process in order to resolve the disputes among the members. Negotiation is the process in which two or more parties conduct the bargaining process in order to discover the common ground to settle the matter of mutual concern and resolve the conflict. China and USA have also included the negotiation process in its legal system of dispute settlement. It has been analyzed that negotiation process has helped both the countries in settling the disputes (Inadomi, 2010). Through negotiation process, parties will mostly reach towards the win-win approach. Negotiation process also helped the companies in reducing the settlement time and it is comparatively the less expensive process. Further, negotiation is helpful in enhancing the relationship with each other. Therefore, countries majorly use the negotiation process in handling the disputes. It is also useful in developing the confidence among parties and also provides parties with the opportunity to design the agreement, which basically reflects their interest. Thus, it has been identified that negotiation is considered as the priority for the every country in order to settle the disputes (Briggs, 2008).
Power and Authority by WTO China and USA both are the members of WTO and both contains documented list of exemptions. WTO does not have much power in settling the disputes among different countries. WTO provides the proper guidelines for solving the issues among the members. WTO has unprecedented power in order to resolve the trade-related conflicts between the nations and assign the penalties and compensation to the parties that are involved in the negotiation process (Hong & Van Dyke, 2009). It is identified that dispute settlement is basically administered by the WTO and its primary goal is to ensure national compliance with multilateral trade rules. WTO has strengthened the dispute resolution mechanism and it also has the national authority to sort out the dispute line between national prerogatives and unacceptable trade restrictions (Giliker, 2007). United States is the country, which has found itself in both sides of the delicate balance. It has been identified that United States has pushed for strengthening the Dispute Settlement provisions of WTO. Further, WTO has also focused towards settling the disputes in China. Thus, WTO has made various changes in its dispute settlement procedures in order to make healthy relationships among the countries.
Implications of Choosing Private Law Both countries have to face the certain problem in handling the negotiation issues. It has been identified that, USA and China have used the private law in order to seek ratification. Ratification is the process in which party make acceptance and confirmation of the act that has signed by the confirming party itself. In order to choose the private law for seeking the ratification, USA and China has to face certain implications. Dispute settlement case will be looked within the main perspective of the governing court (Kidane, 2012). This will make the overall ratification process more effective and efficient. Overall judgment is solely based on the one perspective and it majorly depends on the terms, conditions and format of the negotiation process. Further our law case study assignment help experts says that, during the preparation of the foreign counterpart, countries can accept the foreign law and also use its advantages in order to solve the disputes.
Ramifications of Choosing Governing Law USA and China has to face certain problems in choosing the governing law in order to solve the conflicts. If China selects the governing law, it will be able to formulate the single corporate policy in order to comply with single governing law (Goh, 2007). At the same time, selection of governing law in order to solve the disputes will create certain problems. It is identified that some governing rules have very difficult system for the recovering the damages and circumstances. Therefore, countries have to select private law in comparison to governing law for making settlement of disputes. Further, ratification of choosing governing law is based on the laws that help the party in achieving the goals. China and USA should use the governing law, only if they have knowledge regarding the same. While selecting the governing law, countries have to identify the protection and remedy which has been needed by any of the country. Governing law also take much time in solving the disputes. This strategy of governing law creates more disputes among the countries.
Therefore, countries should consider the law of other party in making settlement of the disputes (Karaman, 2012). Governing law also not selects the rule for the particular area and includes various laws. People involved in the dispute settlement should select the appropriate law in order to make the proper settlement of the disputes. Conclusion From the above discussion by business law assignment experts analyzed that countries have to first select the negotiation process in order to solve disputes. Negotiation helps the countries in developing the win-win approach. WTO does not contain much power and authority in the dispute settlement procedures. In case of private law, dispute settlement case will be looked within the main perspective of the governing court. In addition to this, governing law also take more time in settling the disputes. Further, USA and China has to consider the governing law of each other for making the healthy relationship.
References Briggs, A. (2008). The Conflict Of Laws. UK: Oxford University Press. Giliker, P. (2007). Re-Examining Contract and Unjust Enrichment: Anglo-Canadian Perspectives. USA: Martinus Nijhoff Publishers. Goh, G.M. (2007). Dispute Settlement in International Space Law: A Multi-Door Courthouse for Outer Space. USA: Martinus Nijhoff Publishers. Hong, S.Y. & Van Dyke, J.M. (2009). Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea. USA: BRILL. Inadomi, H.M. (2010). Independent Power Projects in Developing Countries: Legal Investment Protection and Consequences for Development. USA: Kluwer Law International. Karaman, I.V. (2012). Dispute Resolution in the Law of the Sea. USA: Martinus Nijhoff Publishers. Kidane, W. (2012). China-Africa Dispute Settlement: The Law, Culture and Economics of Arbitration. USA: Kluwer Law International.