Добавил:
Upload Опубликованный материал нарушает ваши авторские права? Сообщите нам.
Вуз: Предмет: Файл:
экзамен английский 2 семестр.docx
Скачиваний:
21
Добавлен:
30.05.2015
Размер:
44.11 Кб
Скачать

1.Agency law. The relations between commercial agents and principals. The commercial agents regulation of 1993.

Most of companies which are engaged in international trade use the services of agents to represent them abroad. Agents act as independent intermediaries representing their principals in the market. They have au authority to negotiate the sale or perchies of good but not services on behalf of their principal. They don’t buy products from their principals but arrange sales directly from their principals to the customer. For this service they are typically paid a commission by their principals which is calculated as percentage of the sale price of the product to the customer. Commercial agency is very popular in international trade. It helps foreign suppler to penetrate an overseas market. Thus the principal can benefit from the knowledge and the local connection of the agent and he doesn’t have to establish a subsidiary.

But the position of agent is vulnerable. As sales volumes increase, the principle may decide to enter into direct relationships of the customers in order not to pay the agent. In this way the agent become the victim of his own success. The relationships between agent and principal is commonly governed by a commercial agency agreement. And the European Union has been trying to give agents better protection. Under the commercial agents regulations of 1993 if the contract is terminated an agent is indemnified or compensated for damage. He can be indemnified if he has brought the principals the new customers or has significantly increased the volume of business with existing customers. And the payment of this indemnity is equitable to the commission lost by the agent. The amount of their indemnity doesn’t usually exceed the figure equivalent to an indemnity for 1 year. It is calculated from the commercial agent average annual payment over the previous 5 years. The commercial agent can also seek damages . The right of an agent for indemnity must be stated in the contract.

2.The development of public international law (early conventions creation of the United nations)

Public international law, which is also known as law of nations is the body of rules, law or legal principals, that govern the rights and the duties of states in relation of each other. It came from a number of sources including custom, legislation, and treaties. Article 2(two) of Vienna Convention on the law of treaties of 1969 defines a treaty as international agreement concluded between states in written form and governed by international law.

Public international law was traditionally a question of custom, which means that countries behaved towards each other as they choose and their rights came from the Military power. Countries had treaties with each other but since breach of a treaty could only be remedied by diplomatic pressure, senctious and the treat of war. They were often ignored. Public international law grew in mostly during the 20th century, particularly after the 2d world war when the countries wanted to manage trade and disagreements between them in more civilized manor. Early examples of public international law were the Hague conventions 1899 and 1907 which deal with the rules declaring war and Geneva conventions 1864 wich deal with Human treatment of Prisoners, civilians and seek and voonded in times of war. Countries which are parties to these conventions which came later, in theory, they could breach the conventions and be expelled but in practice the advantages of being inside such frameworks often overweight the disadvantages. The creation f the United Nations of 1945 was a huge step in the development of international law. The United Nations developed new advisory standards: The Universal Declarations of Haman rights.

3. Litigation and alternative dispute resolution.

If the disputing parties cannot settle their dispute the case is heard and decided by a judge in the court a lawsuit before a court is called litigation. Litigation includes all stages before during and after the trial. It can be used to resolve a dispute between private individuals and individual and company or between 2 companies. Sometimes litigation deals with disputes between an individual or business and government body or between 2 government bodies. In the UK most pre-trial work is carried out by a solicitor. Than it goes to a barrister 6 who represents the claimant or a defendant in the court. In the USA the same attorney may deal with a case from the time the client applies to him thought the trial enforcement stages. The steps between the stages include an attempt to reach a settlement before or after filling a lawsuit and pleadings , entering the discovery phase and then the trial. At the end of the trial the court delivers the judgment and passes an order and the winning party counsel may help the winning party to enforce it.

Besides litigation there are also alternative dispute resolution methods such as negotiation, mediation and arbitration. In negotiation parties themselves try to to settle the dispute. Mediation is a type of structured meeting with the disputing parties and independent 3d party who works to help them reach an agreement between themselves. With mediation the role of the 3d party is to facilitate negotiation and agreement between the disputing parties. The decision of the 3d party is not binding. Arbitration is the main form of ADR used by businesses. If the case goes to arbitration the disputing parties apply to one or more impartial referees. ( arbitrators) and in tis case a party agrees to be bound by referee’s decision. Arbitration is often used to resolve commercial disputes particularly those which involve international commercial transaction and it developed historically together with international trade. If there is a dispute under international commercial contract s it is settled by international arbitration. Recent years have seen the development of on-line dispute resolution . The procedure starts with the claim on-line and they take place over the Internet.