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A. Definition: The conventions, model laws, documents and instruments that regulate private relationships across national borders. The nature is two-fold, requiring a balance of: international laws and domestic laws; actions of states' interests and those of the private sector.

The laws involving areas of transnational business are complex because, whereas an international agreement may govern, there are also many forms of domestic laws and regulations which enter into the arrangement. It may be important to find country studies and "doing business" guides with foreign countries. Export and import data can be found through U.S. government agencies and statistics in these areas are also important. Therefore, a mixture of international and domestic laws must be researched. Also, the need for settling the disputes that arise call for objective arbitration measures that address all of the parties' interests.

There are three broad areas which are considered:

1. Trade involves import and export of goods and services: direct or indirect (use of domestic intermediaries or export trading companies to market the product abroad) Foreign sales agents and distributors also involved.

2. International licensing-holder of intellectual property gives certain rights to foreign concern for a fee and for a certain period of time. International franchising--gives franchisee (for a fee) right to use trade name or trademark in offering goods or services to public.

Results in trade regulations and controls. Those engaging in trade must contend with duties, quotas, government subsidies to local producers tariffs and other forms of trade barriers. The licensing or franchising of goods or services means loss of significant amount of control over the product or technology, which may have legal consequences.

3. Direct investment involves ownership and control of a business in a host country; investor may be sole owner of the investment, have a joint venture or use a service contract with the locally owned facility.

 Sources to be researched are:

(1) international conventions or agreements; treaty rules involving parties apply

(2) national sources of transnational business law include legislation, judicial decisions, and government policies. They apply to a specific transaction because parties agree that they will. Other aspect is "choice of law rules" in a given forum.

(3) laws of transnational business arising out of contract practices and understandings of the business community, arbitral panel decisions, and regulations of trade associations. (Ex.-International Chamber of Commerce or "ICC")
 

 

General Internet Sources:

The Guide to Foreign and International Legal Databases at NYU provides a menu of links to guide sites and information sites that can be used as starting points. Eye on International Business Law (LawEye) is an important link for it is a comprehensive set of well-organized sites for areas of International Trade/Commercial Law, Private International Law, and International Commercial Arbitration.

The American Society of International Law (ASIL) provides separate chapters on in-depth research in the following areas: International Economic Law; by Jean W. Wenger. It encompasses international trade law, private international law, financial and international business regulation. Private International Law by David Levy is also a good starting point to gain an understanding of the basic sources. International Commercial Arbitration by Charlotte Bynum explains the different arbitration bodies that resolve disputes.
The new Electronic Information System for International Law (EISIL) has been set up and may be a good starting point for basic research in the following areas: Private International Law,  International Economic Law and International Dispute Settlement.
ASIL also provides E-Newsletters: ASIL INSIGHTS and INTERNATIONAL LAW IN BRIEF. Both focus on timely topics in international law and give summaries and evaluations of cases. They are delivered via email.

LLRX includes the Revised Guide to International Trade Law Sources by Marci Hoffman, focusing on the starting points, international agreements, U.S. government sources, country guides, statistics and commentary for this area.

Hieros Gamos, the portal to many international law resources, has a  Guide to Global Trade Law,  which provides extensive links to agreements, country information and other sources of information. It has a link to international Commercial Law sources as well. Especially useful is the Law and Government Resources link to 230 countries with helpful legal guides to the laws of many countries.

Findlaw: International  Provides many links to international business and trade information, including statistics and economic analysis, country information and other data.

General Print Sources:

For an overview, more information, and definitions on this complex subject:

Ralph H. Folsom et al., International Trade and Investment in a Nutshell   K 3943 .F64 2000

The International Lawyer's Deskbook; /Section of International Law and Practice, ABA, 1996.  K559 .I57 1996

Dictionary of International Trade; REF HF 1373 .D 53

Economic development, foreign investment, and the law : promoting economic
development through private sector involvement, foreign investment, and the rule of law / editor, Robert Pritchard.
London ; Boston : Kluwer Law International : International Bar Association, 1996.
K 3830.4 .E27 1996

Germain's transnational law research : a guide for attorneys / Claire M. Germain.
Ardsley-on-Hudson, NY : Transnational Juris Publications, c1991-
K 85 .G47 1991

International Legal Materials. American Society of International Law, Vol 1 begins Aug. 1962-.
It is often the first place that international law documents can be found. The Table of Contents from 1997 on can be found on the ASIL site.  International legal materials-ASIL
It is on Lexis and Westlaw
The print verson is at:  KZ 64 .I58

A. Lex Mercatoria (International Trade/Commercial Law Monitor)

Agreements and documents in trade and related areas. Organized by major categories, such as: International Economic Law, Trade Law, Commercial Arbitration, Electronic Commerce, Private International Commercial Law, Intellectual Property, Carriage of Goods and Maritime Transport. This list shows the broad range of areas of private international law.

B. Multilaterals Project, Fletcher School of Law and Diplomacy

 An important collection of general treaties, the arrangement is by subject, one of which is Trade and Commercial Relations agreements. It has search capabilities and gives status of agreements.

C. Juris International

Partnered through the International Trade Centre and universities in Canada and France, this database of legal information is geared toward business lawyers and others in developing economies . The database contains full-text articles and documents, and it is multlingual. Aids the research of lawyers by providing access to documents that are otherwise hard to obtain.

International Chamber of Commerce

Promoting international trade and investment, the organization represents the views of business. The ICC makes voluntary rules which are followed in international business transactions, making it the governing force in a wide variety of areas such as banking, arbitration, e-commerce, taxation, and others.
International Court of Arbitration of the ICC : is the leading arbitral body and an important source for information. The includes the rules of arbitration as well as general information on arbitration.

International Standards Organization

The ISO is a non-governmental organization which represents many countries and develops consistent rules and guidelines on materials and products. Used as international standards in the international exchange of goods and serivces.

United Nations

The global organization which unifies and harmonizes all aspects of international law matters. It is a complex organization, its major organs and related organizations all contain extensive information with links to documents and information sources. Its treaty collection is fee-based, however full-text resolutions from the General Assembly, Security Council and the Economic and Social Council are available. The UN Systems web locator is a useful place to begin if information about an organization is needed. Links are provided to related UN web sites through the: International Law page: Codification of International Law, International Law Commission and International Law of the Sea. A Legal Areas link gives access to many other agencies involved in areas including trade (UNCTAD), labor (ILO) and intellectual property (WIPO)
The judicial arm of the UN, the International Court of Justice  which began its work in 1946, settles legal disputes among nations, and gives advisory opinions on legal questions. Its site has documents, press releases, and texts of decisions.

UN bodies significant in harmonizing trade:
 United Nations Commission for International Trade Law (UNCITRAL):established by the General Assembly in 1966; the main body of the UN significant in efforts to unify international trade law.
A good introduction to the work of UNCITRAL is the "About UNCITRAL"section which explains its work and provides links to the major sources. Its goal is the "modernization and harmonization of rules on international business" and  includes areas of:
Sale of Goods, Electronic Commerce, Arbitration, and Maritime Transport, among others. It has the texts of conventions, model laws, abstracts of case law, sessions and working groups, and gives status of conventions and model laws.

 United Nations Conference on Trade and Development (UNCTAD)

Part of the UN General Assembly, estbalished in 1964, its goal is to promote international trade and development and better trading conditions. It publishes annual reports related to trade, investment guides, reports and newsletters.

World Customs Organization

The WCO web site has agreements, resources and training materials in the area of customs matters. Its links include: valuation, harmonized system, cross border crime and information technology.

World Trade Organization (WTO)

Established in 1995, it replaced the General Agreement on Tariffs and Trade (GATT) of 1948. In 1993 the Uruguay Round agreements put into place the WTO as an international organization. The goal was to provide policy and rules between nations in international commerce and trade in order to foster unity and democracy. Agreements and documents can be found in full text on the web site. It includes information about trade topics , legal texts and documents, and dispute settlements with panel decisions. It is updated daily and Is the only place to obtain official WTO documents. The Resources page takes you to statistics and publications.

LEXIS  has the Uruguay Round with Annexes 1-4;  GATT and WTO selected panel decisions from September 1948.
WESTLAW has the Uruguay Round, General Agreement on Tariffs and Trade; WTO decisions from 1995; GATT decisions from 1948-1994.

European Union:

 European Free Trade Association (EFTA)

Goal of specific European countries (Austria, Denmark, Norway, Portugal Sweden, Switzerland and the UK) to remove import duties, quotas, etc. to trade in Western Europe. Six members have left to join the European Union. The Europa web site: is a good one to get overviews, policies and documents relating to EU business.

The Commission has implemented a directive on Competition, which is trying to establish a coherent policy for various aspects of business. Organization of American States

Foreign Trade Information system (Sice)- OAS Trade Unit

Excellent collection of trade agreements of countries in the Western Hemisphere. They are available in English, French, and Spanish. Information on related areas of investment,intellectual property, dispute settlement can be found at the site.

 Free trade of the Americas Agreement (FTAA)

Goal is for a single trade agreement for countries of the Western Hemisphere. The Organization of American States (OAS) site has background information and documents from the meetings at its Trade Information site.

 MERCOSUR (Southern Cone Common Market Treaty) Goal is to encourage cross-border investment and dismantle trade barriers. OAS site also has the full text and related documents.

 NAFTA Secretariat

Free trade agreement between the U.S., Canada, and Mexico, entered into force in 1994. Related sites    are provided through links such as U.S. Dept. of Commerce. LANIC, and OAS Trade Unit which provide documents and background information. The Secretariat also serves to provide administrative assistance as well as handle the dispute resolution process.

Commonly known as "conflict of laws", private international law involves transnational dealings in business areas and the regulation of those dealings through conventions, model laws and other legal instruments. It is influential in deciding whether the domestic laws of the home country or the foreign country will dictate the proceedings of the transactions. The organizations of UNCITRAL, the Hague Conference and UNIDROIT are the forces which guide the workings of international business.

Hague Conference on Private International Law; traces origins to a conference in the Netherlands in 1893 by the government. Active in promoting progressive unification of rules in areas of private international law, a web site was established in 1998, in English and French, which explains the work of the conference. The List of Conventions on conflict of laws, ranges from transnational issues related to marriage, children and divorce, to all areas of transnational business, including the following:
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 1965
Convention on the Recognition and Enforcement of Foreign Judgments, 1971
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970

The International Institute for the Unification of Private Law (UNIDROIT); has origins in League of Nations; works toward harmonization of private international law. Created UNIDROIT Principles of International Commercial Contracts: general rules commercial contract law derived from various legal systems, to be used by parties as law in their contract negotiations and supplements CISG.

UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL)The work of the Commission has resulted in established instruments such as the U.N. Convention on Contracts for the International Sale of Goods (CISG),1980, which establishes the rules governing all aspects of contracts for the international sale of goods. It entered into force in 1988 and is used by 60 countries.

Related is the Convention on the Limitation Period in the International Sale of Goods (New York, 1974) . Other important Conventions include International Commercial Arbitration and Conciliation  and International Transport of Goods includes texts of the agreements; (CLOUT)  is a database of cases involving the texts of the above Conventions,  a  Research Guide. and links to related Online Resources.are useful as well.

Pace UniversitySchool of Law, database on the CISG and International Commercial Law. This important and comprehensive web includes the annotated text of the CISG., cases on the CISG, as well as texts of commercial law documents. Guides and scholarly materials are also available at this site. The CISG involves the countries that account for two-thirds of all world trade, which can be seen on the Autonomous Network of CISG Websites.

UNILEX , a collection of international case law and bibliography on CISG is available on the web. It contains the text of the Convention, status of ratifications, case law from around the world, and bibliography. Abstracts are in English.

International Chamber of Commerce is the "world business organization", with a wide range of  activities from arbitration and dispute resolution to promoting free trade, a market economy system and business self-regulation.
The Internatonal Court of Arbitration (ICC) It provides, guidelines, codes and rules at its site. It describes its services and gives news items on facts and figures. The ICC Rules of Arbitration are also provided with guides to the rules.

Other important general resources are:
International ADR, a site with extensive links to resources on international alternative dispute resolution remedies.
International Centre for the Settlement of Investment Disputes(ICSID) which was set up by the World Bank organization. Besides rules of arbitration, it includes cases and bilateral investment treaties.

A. International Monetary Fund (IMF) An independent organization of the UN, the goal is to promote stability, monetary cooperation and expand international trade. The site has documents, information about its activities and a database of relevant pubications.

B. Organization for Economic Co-operation and Development (OECD)
Members consult with each other to achieve the best in economic growth for their countries and improve the well-being of the people in the country. There are many documents, publications and statistics, along with a page devoted to trade.

C.D. World Bank

The purpose is to promote economic development to the world's underdeveloped countries. Funds and technical assistance are provided. The site has documents and data for business at the international level. It provides banking and related laws in English from jurisdictions around the world.

Private International Law Database (U.S. Dept. of State)

Site provides information on private international law transactions. Full texts, sections on model laws and rules, conventions to which U.S. is a party.
Background Notes is also found on the Dept. of State site, which gives information about the country itself, U.S. relations and the economy of the country.

U.S. Treaties in Force

On the U.S. Dept of State site, it is the Treaty Actions page. It gives a list of treaties and international agreements to which the U.S. is a party and is updated frequently. It does not include the text of the treaties.
An annual publication, it is in the Loyola Law Library collection. For more information consult United States Treaty System  research guide. Look at: Indexes and Finding Tools section to see how the publication is used for finding U.S. treaties.

 Trade and Related Agreements (Trade Compliance center, U.S. Dept. of Commerce)

Its goal is to help American exporters work out foreign trade barriers and to make sure foreign countries honor trade commitments to the U.S. Trade agreements on manufactured products and services are found in this database.
U.S. Bilateral Investment Treaties as well as Trade and Related Agreements are found on the site. They are agreements to which the U.S. is a party, with full text and related documents important in the area of business. Arrangement is by treaty title, country and by issue. Keyword search possible.

 International Trade Administration (ITA)

Set up to promote U.S. exports and to facilitate U.S. business overseas, the site has a variety of resources. There are several parts such as: Export Portal, Trade Compliance Center, Trade Development and Import Administration.

 United State Trade Representative. (USTR)

Developing and promoting U.S. interests in world trade, the site has agreements, documents and information about the WTO. Reports and publications on trade matters are also available.

 International Trade Commission

Federal agency uses trade expertise to advise governmental bodies, and undertakes actions against unfair trade practices. Its "Dataweb" is the database for tariff and import information in documents and publications.

 United States Court of International Trade

Adjudicates civil actions against the U.S. in the areas of international trade. It was formerly known as the U.S. Customs Court. The rules and forms are found on the site as well as slip opinions from 1999 on.

 United States Court of Appeals for the Federal Circuit

Includes appeals from the International Trade Commission and the U.S. Court of International Trade. The opinions and decisions, court rules and list of pending cases can be found at this site.