International Law and Business

Comparative Methods and Global Case Studies

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This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clear summary. With its colourful cases, this book is accessible and fun to read.

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Dr. Bart Wernaart (1983) is a Professor of Moral Design Strategy at Fontys University of Applied Sciences, the Netherlands. He earned his Ph.D. in the field of international human rights law and has extensive experience in teaching legal subjects in business schools. Next to his academic career, he is a professional drummer, conductor and composer.
Preface to the second edition
List of figures and tables

Part 1: Introduction and methods


Introduction to part 1

1 What is law and where can we find it?
 1.1 The organisation of just behaviour
 1.2 The meaning of just behaviour
 1.3 The origin of law
 1.4 Legal sources
 Summary

2 Comparative law and legal systems
 2.1 The purpose of comparative law
 2.2 Macro comparison: legal families
 2.3 Micro comparison: a functional method
 Summary

3 Constitutional law
 3.1 Trias politica and the struggle for power
 3.2 The language of constitutional law
 Summary

4 International cooperation: the United Nations
 4.1 The United Nations and Bretton Woods
 4.2 The institutions of the UN
 Summary

5 International Cooperation: the Bretton Woods Institutions
 5.1 The International Monetary Fund
 5.2 The World Bank
 5.3 The World Trade Organization
 5.4 Alternatives
 Summary

6 Regional economic integration
 6.1 Regional economic integration
 6.2 The free trade zone: United States-Mexico-Canada Agreement (USMCA)
 6.3 The customs union: SACU
 6.4 The common market: MERCOSUR
 Summary

7 The European Union
 7.1 Economic integration in Europe
 7.2 Free trade under the EU
 7.3 The organisational structure of the EU
 7.4 Dispute settlement
 Summary

Part 2: Business law


Introduction to part 2

8 Contract law
 8.1 Drawing up a contract
 8.2 The content and interpretation of a contract
 8.3 The form of a contract
 8.4 Factors affecting the validity of a contract
 8.5 Performance of the contract
 8.6 International contract law
 Summary

9 Liability law
 9.1 Preventive law
 9.2 Contractual liability
 9.3 Non-contractual liability
 Summary

10 Labour law
 10.1 The industrial revolution and the emergence of labour law
 10.2 International labour law
 10.3 Proper labour conditions
 Summary

11 Company law
 11.1 The legal form of a company
 11.2 Regulatory competition
 11.3 Foreign companies
 Summary

12 The right to privacy and data processing
 12.1 Privacy: a clash of rights
 12.2 Privacy laws around the world
 12.3 Jurisdiction challenges
 Summary

13 Intellectual property
 13.1 The forms of intellectual property
 13.2 Jurisdiction challenges
 Summary

14 Private international law
 14.1 International legal disputes
 14.2 The free choice principle
 14.3 Substantive private international rules
 14.4 Objective private international rules
 Summary

Index
Students of International Business (and management) studies at universities of applied sciences or universities of science. Students who are interested in international law or geopolitics in general. Professionals in the field of international trade law, international business (import/export) or who work for public international institutions.
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