International Business law

Introduction

What is the meaning and the purpose of IBL ?

 : relationship between French and Congo companies through contract. That would be  a legal contract

Contract :each party will have mutual right and obligation. Right and obligations are often legal.

Ex : obligation de livraison et de paiement.

An incoterm cannot replace the law.

Company A is based in Marseille and company B are based in New Caledonia. On the legal aspect the contract will be submitted to French law. International law in itself does not exist. We must found a common ground to accommodate a unique contract. It’s almost impossible to find a commonly system for alla contrat. If there is no law because they  don’t want law to regulate in case of a problem they will have two option use the law of the country, or use a mediator will be a arbitrator. The Arbitration system is a way to reach a compromise in case of problem in case of dispute, the arbitration.

Economics activity such as negotiating a contract between distributor and supplier.

Difference between partnership and joint ventures .

Partnership = société de personne to share everything debt and the risk

Joint ventures = originally a joint ventures is build on a partnership, a close difference

Example of a French starter that decide to invest they develop a very strong relationship with a Chinese company, Chinese government ask the French to form a joint venture this mean that the two company will develop a third and new company, in this new company knowledge expertise patent,

French are renowned for innovation such as drone or robotic,

In an joint ventrues a French company will often bring expertise prototype, innovation.

What can be left behind in a joint venture. Risk of counterfacted ( contrefaçon).

iBL : I.BL. relates to international economic activities and to the major trade operations around the world. Globally, a company planning an international business strategy such as exporting goods abroad through a distribution network could, in the first place, negotiate a contract with a local distributor, followed by a possible partnership ( in which the two partners share equal liability for risks and debts but also profits ) or even a joint-venture ( that is a commercial entity, set up by two existing companies and incorporating financial, intellectual and commercial resources provided by each partner ).

Why the investor might have in mind, might plan ?

A merging ( fusion) acquisition

(Sometimes merger mean murder)

Safran decided to merge to acquired zodiac,

OPA= wild OPA  = takeover bid.

SARL l’archétype de la société française le modéle le plu demandé c’est la SAS

SA public car côté  en bourse PLC ( Euronext principale palce boursiére européenne) have global knowledge of main stock exchange place.

 Euronext was in partner with NYSE ( New York stock exchange) ( voir si c’est toujours le cas).

LTD and PLC ( private limited and public limited) .

Finally, the original supplier will become a kind of investor and might wish to have the full control of the local market by merging with the local distributor-supplier or by acquiring the majority of its shares ( = takeover bid ). The investor might also decide to set up, on the foreign market, a domestic company which can be a private Ltd or a public Ltd ( = Plc ) when it is registered on a stock market. 

Finally, the foreign investor could plan a kind of merger and acquisition with the local distributor or even a sort of holding in which the investor, known as " Mother company " will hold at least 51 % of the local partner which would become a subsidiary.

I- International Business Environment

All international trade operators are concerned by the international environment of trade, mainly constituted by the notions of Trade, Intellectual Property Rights ( I.P.R. ) and Foreign Direct Investment Policy ( F.D.I. P. ) 

A- Trade : 

Trade represents the classic exchange of goods, services and workforce between two parties, based in different countries, across borders.

Could we consider trade that relate to private transaction only or some international al public aspect ?  ( répondre à cette question et justifier. )

Question: could we consider Trade as a notion that relates to private relationship only ( to be explained and justified ) or to some international "public" aspects ( to be explained and justified ).

International Business law cours 2

Trade should be classified as a private notion , but there is public aspect.

Free tarde agreement essential , might be rather limited or reduce.

Even in the European Union we might be more restrictive than we were.

RCEP largest FTA in the world between china, japon, 15 countries in Asia pacific.

Globally speaking it’s the largest free trade agreement of the world. FTA is certainly an illustration of this development.

quota= usually in the united state, to lobbying executive and legislative will receive a list of made in America product .

Bottle with a double label ( exemple a revoir) beaujolais nouveau directeur.

Trade, in the first place, sould be considered as a private notion as it relates to the classic business negotiation between two operators, through a contract which also a private deal.

On the other hand, Trade is also deeply connected to international public elements, especially when imported goods, that must respect public health and safety norms, are also submitted to customs duties and possible quotas, imposed by the government of the importing market and often justified by the necessity to protect the local economy. 

When relationship between two country become tuff, possibility of embargo

Embargo = total banned

For example between russia and France

Boycott is less extreme than         embargo and much more limited

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