Chapter 7: The International Legal Environment: Playing by the Rules
1. Differentiate among Code Law, Common Law, Islamic Law, and socialist legal systems, and explain the implications that each may have on the activities of international marketers.
Common Law ¡V The basis for common law is tradition, past practices and legal precedents set by the courts through interpretations of statutes, legal legislation and past rulings
Code Law ¡V is based on an all-inclusive system of written rules (codes) of law. Under code law, the legal system is generally divided into three separate codes: commercial, civil and criminal.
Implications between the above arise the areas of contracts and Intellectual Property rights. Under common law, ownership is determined by use. Under code law, ownership is established by registration.
Islamic Law ¡V The basis for Islamic law is the interpretation of the Koran. It encompasses religious duties as well as the secular aspect of law regulating human acts. Islamic law defines a complete system that prescribes specific patterns of social and economic behaviour for all individuals.
„h Prohibition against the payment of interest
„h Prohibition against investment
Varying dialects and different languages within countries can make national surveys impractical. In most countries agreements are enforceable by law. in activities that violate the Shari'ah; such as businesses dealing with gambling, alcohol etc. The most clear-cut means is to include a jurisdictional clause in the original contract. Developing countries obviously have an interest on increasing the positive economic information about their country given the competitive market for attracting international firms and the level of investment at stake. Arbitration V the parties involved select a disinterested third party as a referee to determine the merits of the case and make a judgment that both parties agree to honor. The conditions of steady development exist. law that prohibits companies to pay bribes and outlines means for punishing company executives, employees and agents for their actions. When international commercial disputes must be settled under the laws of one of the countries concerned, the question of which law governs is usually determined in one of three ways:A. Quantitative techniques: surveys, questionnaires, interviews (all have structured questions so that data can be structures and compared. Green Laws cover everything from industrial pollution, hazardous waste disposal and deforestation to consumer goods packaging and its effect on waste management etc.