Introduction To Business Law And Ethics Documents In Interna
Introduction To Business Law And Ethicsdocuments In International Trad
Introduction to Business Law and Ethics Documents in International Trade Dr. Ahmet Cemil YILDIRIM, LL.B., LL.M., Ph.D. Outline 1. Defining contract terms 2. Concluding the Sales Contract 3. How does the L/C system work? 4. Main documents to be provided by the seller 5. Other documents First step Marketing the Goods · Traditional ways: trade fairs, chambers of commerce, diplomatic means (commercial attaches), publishing catalogues, etc. · Modern ways: websites and trade portals. 1. Defining contract terms · How to define the price? · Simple questions: Type and quantity of the goods requested, in a definite currency. · More complex questions: Where and to whom the goods are to be handed over? From/to which port? Who will bear the risk of damage during transportation? Who will bear the transportation costs? Who will arrange transportation? · Will the goods be insured and who shall bear the cost? Who will clear the goods through customs? · INCOTERMS (International Commercial Terms) such as CIF, FOB, DDP, Ex Works · Proforma Invoice - Definition: A price quote that a potential seller gives to a potential buyer that details the sale price. It is given in the form of an invoice. A proforma invoice exists in order to give a potential buyer a precise figure of the final cost of a transaction. · Same as the commercial invoice, except for the word “proforma” · includes all the elements requested by the potential buyer · neither binding as a contract nor valid as an invoice · Constitutes an “offer” · usually bears a time limit for the validity thereof (e.g. 60 days from the date of issuance) · Proforma Invoice · With respect to the potential seller’s position, the most important element of a proforma invoice is Terms of payment: · Cash/advance payment / cash before delivery · Cash Against Goods (CAG) · Cash Against Documents (CAD) · Letter of Credit (L/C) revocable/irrevocable, confirmed · Bank Payment Obligation (BPO) · Advice of opening of the letter of credit 2. Concluding the Sales Contract · Order by the buyer, confirmation by the seller if requested. · All the essential terms of a sales transaction are decided, therefore the contract is concluded. · A written contract may be prepared by lawyers of the parties. · Some sample/model contracts are frequently used, such as International Chamber of Commerce’s (ICC) model sales contract. · Rules of particular trade associations may be referred to. 3. How does the L/C system work? 4. Main documents to be provided by the seller · Invoice: A nonnegotiable commercial instrument issued by a seller to a buyer. It identifies both the trading parties and lists, describes, and quantifies the items sold, shows the date of shipment and mode of transport, prices and discounts (if any), and delivery and payment terms. It should be the same with the proforma invoice, except for the word « proforma » · Bill of lading: A bill of lading is a document issued by a carrier to acknowledge receipt of a shipment of cargo. · A bill of lading is a negotiable instrument and serves three main functions: · it is an acknowledgment that the goods have been loaded; · it contains or evidences the terms of the contract of carriage; and · it serves as a document of title to the goods · Bill of lading · Packing list: Itemized list of articles usually included in each shipping package, giving the quantity, description, and weight of the contents. Prepared by the shipper and sent to the consignee for accurate tallying of the delivered goods. · Packing list 5. Other documents · Insurance policy · Certificate of origin · Certificate of guarantee · Certificate of quality · Insurance policy 1 Case Study Analysis Case Study Analysis Health issues sometimes may not be given the attention that is required maybe because of lack of awareness on or sufficient information about a certain disease. Understanding all the aspects of disease and the factors that surround its diagnosis is helpful for both medical professionals and patients. The purpose of this paper is to describe sexually transmitted diseases (STDs), which are major causes of infertility, inflammatory pelvic disorders (IPD) and inflammation makers, prostatitis infections, splenectomy and its importance, and finally, anemia and different kinds of anemia. Comment by Claire M. Helakoski: Clarity: I think this could be a little more confidently phrased: One reason health issues may not be given the attention that is required is because of lack of awareness…🡪what do you think? I’ll note clarity comments in blue today. Infertility and Sexually Transmitted Diseases (STDs) Sexually Transmitted Diseases (STDs) such as Neisseria gonorrhea, Chlamydia trachomatis, and other microorganisms such as Trichomonas vaginalis and Mycoplasma genitalium, are contributing factors of infertility (Tsevat et al., 2017). N. gonorrhea and C. trachomatis are the leading causes of infertility, specifically because they cause tubal inflammation. It is estimated that 90% of infertilities in the world are caused by gonorrhea (Tsevat et al., 2017). Chlamydia trachomatis infections are asymptomatic, which makes them go for long without being diagnosed and treated, ending up causing infertility by destroying the fallopian tubes through inflammation (Tsevat et al., 2017). C. trachomatis is also associated with pelvic inflammatory diseases (PID) and accounts for 50% of PID cases in developed countries (Tsevat et al., 2017). M. genitalium is a sexually transmitted organism mostly associated with urethritis in men. M. genitalium causes recurrent urethritis and is also associated with PID, TFI and ectopic pregnancy in women. T. vaginalis is a sexually transmitted pathogen that is understudied but contributes to many infertility cases, since it is linked to more than half of STDs that can be cured worldwide (Tsevat et al., 2017). Comment by Claire M. Helakoski: Clarity: This is how we would talk or write in many venues, but it’s a more informal use of a comma than I typically see in academic writing. I suggest: ..and treated, which causes infertility… Comment by Claire M. Helakoski: Organization: I suggest adding a lead out to your paragraph here—what is the overall takeaway readers should understand in your own words? What should we understand about STIs? How do they connect to your paper’s overall purpose? I’ll note organization comments in pink today. Inflammatory Markers in PID/STD PID is caused by various microorganisms within the vagina and is sexually transmitted. It is hard to notice when someone has PID as in most people, the symptoms are mild, but can be identified easily during doctor’s appointments and lab tests (Park et al., 2017). When diagnosing PID, it is important to know the inflammatory process that a patient lies on, either endometritis, cervicitis, peritonitis, or salpingitis (Park et al., 2017). In women with PID, white blood cells (WBC) serum is often found to be elevated (Park et al., 2017). Erythrocyte sedimentation rate (ESR), which is an inflammatory marker that is not specific, and C-reactive protein (CRP), increases in the presence of PID (Park et al., 2017). With effective antibiotic therapy, CRP levels go back to normal sooner compared to ESR (Park et al., 2017). Comment by Claire M. Helakoski: Clarity: I’m not sure what you mean by “lies on”—can you rephrase? Comment by Claire M. Helakoski: Organization: Can you add a lead out here? What should I understand as a reader after reading through this paragraph? Prostatitis, Infections and Systemic Reactions Prostatitis is the changes in the prostate tissue that are associated with pathological inflammation and prostatitis infections that can cause acute prostatitis, chronic prostatitis, chronic pelvic pain syndrome, and asymptomatic inflammatory prostatitis (Ho, 2017). Comment by Claire M. Helakoski: APA: This seems like it needs to be cited. Comment by Claire M. Helakoski: Organization:Can you add a lead out here? Read more about Lead-Out (here), which you can read some great tips about on our blog, would enhance this section. Splenectomy After ITP Diagnosis Comment by Claire M. Helakoski: Organization: I am confused on how ITP relates to STDs. Can you add some text to clarify the connection for readers? Immune thrombocytopenia (ITP) is associated with the destruction of circulating platelets which is immune-mediated and suppression of the production of more platelets (Chaturvedi et al., 2018). ITP is an immune disorder that may occur as a primary disorder or as a secondary disorder, where there are other underlying infections or conditions. A patient would need a splenectomy after being diagnosed with ITP because to some patients, medication therapy may fail and the spleen acts as an effective place of platelets clearance, so splenectomy serves as the best therapy to achieve remission of platelets count (Chaturvedi et al., 2018). Anemia and Different Kinds of Anemia. Anemia is the reduction in the levels of hemoglobin (Hb), or count of hematocrit (HCT), and red blood cells (RBC) (Turner et al., 2020). Anemia can be normocytic, macrocytic, or microcytic. Microcytic anemia is a result of iron deficiency anemia, anemia of chronic disease (AOCD), and lead poisoning (Turner et al., 2020). Normocytic anemia occurs because of renal failures, anemia of chronic disease, aplastic anemia, or myelofibrosis, among other causes. Macrocytic anemia results from excessive alcohol intake, liver disease, hypothyroidism, folate, and vitamin B12 deficiency (Turner et al., 2020). Comment by Claire M. Helakoski: Organization: How does anemia connect to STDs? Conclusion Infertility is among the leading public health issues in the world. STDs play a big role in causing infertility in both men and women, although women are the most affected. Inflammatory markers in PID/STD include ESR and CRP. Prostatitis is an inflammation in the prostate glands which may be caused by bacteria in urine and microorganisms from STDs or even lifestyle. Splenectomy serves as the best therapy for platelet count remission in patients with ITP. Anemia is a disease or condition of the blood in which there is a reduction of Hb or RBC. It is caused by various factors and divided into microcytic, macrocytic, and normocytic. Comment by Claire M. Helakoski: Organization: This is a summary of your sections but it is unclear to me how each of these pieces connect—I’m still unsure how all the sections fit together. Your conclusion not only needs to summarize each piece, but bring your ideas together into a cohesive whole. Hi, I enjoyed having the opportunity to work together today! I focused mainly on organization and connecting ideas as well as clarity for today’s review. As a reader, I found all your information and paraphrasing clear—however, I wasn’t sure what to understand or take away from each section or how all the sections fit together. I’m particularly confused on how you shift from STDs to ITP and anemia, as you don’t explicitly state anywhere that these two issues are related to STDs in any way. Once you add some lead outs and transitional language to help demonstrate the connection, I think this will be a very strong draft with lots of great source information! I’d love to read a revision so we can keep working on it together. Until then, -Claire References Chaturvedi, S., Arnold, D. M., & McCrae, K. R. (2018). Splenectomy for immune thrombocytopenia: down but not out. Blood, 1172–1182. Ho, D. R. (2017). Prostate inflammation: A brief review. Urological Science, 28(3). Park, S. T., Lee, S. W., Kim, M. J., Kang, Y. M., Moon, H. M., & Rhim, C. C. (2017). Clinical characteristics of genital chlamydia infection in pelvic inflammatory disease. BMC Women's Health, 17(1), 1-7. Tsevat, D. G., Wiesenfeld, H. C., Parks, C., & Peipert, J. F. (2017). Sexually transmitted diseases and infertility. American Journal of Obstetrics and Gynecology, 216(1), 1–9. Turner, J., Parsi, M., & Badireddy, M. (2020). Anemia. StatPearls [Internet].
Paper For Above instruction
Business law and ethics are essential components of international trade, serving as the foundation for fair and transparent commercial interactions across borders. The complexity of international trade transactions necessitates a clear understanding of legal contracts, financial instruments, documentation, and ethical considerations. This paper explores key aspects of business law and ethics in the context of international trade, focusing on contract terms, trade financing, documentary procedures, and ethical standards to foster trust and compliance in global commerce.
Defining Contract Terms and Formation of Sales Agreements
Fundamental to international trade is the precise definition of contract terms, including price, quantity, quality, delivery conditions, and risk allocation. The price is often decided in a definite currency, reflecting simple questions such as the type and quantity of goods requested. More complex issues involve specifying the delivery location, transfer points, and responsibility for transportation costs and insurance. International Commercial Terms (INCOTERMS) like FOB, CIF, DDP, and Ex Works are standard clauses that clarify these responsibilities and risks, thus reducing ambiguities in trade agreements (ICC, 2020). Concluding a sales contract typically involves the buyer's order and the seller's confirmation, with the potential use of model contracts provided by the International Chamber of Commerce to ensure consistency and legal enforceability (ICC, 2021).
Trade Finance Mechanisms: Letters of Credit and Payment Terms
Finance arrangements are critical in international transactions, often involving letters of credit, which are bank guarantees of payment issued upon compliance with stipulated conditions. Letters of credit can be revocable or irrevocable, confirmed or unconfirmed, providing security to both buyers and sellers. Payment terms may include cash in advance, cash against documents (CAD), or cash against goods (CAG). The choice depends on the negotiating power and risk assessment of the parties involved (Bank for International Settlements, 2019). An advised letter of credit helps ensure that the seller receives payment once the specified conditions and documentary requirements are fulfilled, minimizing financial risks during international shipments.
Key Documents in International Trade Transactions
Documentation plays a pivotal role in facilitating smooth international trade operations. Key documents include the commercial invoice, bill of lading, packing list, insurance policy, and certificates of origin, quality, or guarantee. The commercial invoice provides details of the transaction, including the price, terms, and descriptions of goods. The bill of lading, issued by carriers, functions as a receipt of goods, a contract of carriage, and a document of title, enabling the transfer of ownership (ICC, 2020). The packing list itemizes contents, aiding in customs clearance and inventory management. Insurance policies safeguard against damages or loss, while certificates verify the origin and quality of goods, ensuring compliance with trade regulations and standards (UNCTAD, 2019).
Ethical Considerations in International Business
Ethics are integral to sustainable international trade, emphasizing honesty, transparency, and respect for local laws and customs. Ethical standards mitigate risks such as corruption, bribery, and fraud, which can undermine trust and lead to legal repercussions. Companies engaged in global trade must adhere to international anti-bribery conventions and corporate social responsibility (CSR) principles (OECD, 2021). Ensuring fair treatment of suppliers, protecting intellectual property rights, and respecting environmental standards are crucial components that foster long-term relationships and reputation management. Ethical conduct in international trade not only complies with legal requirements but also enhances corporate credibility and competitiveness in the global marketplace (World Trade Organization, 2020).
Conclusion
Understanding the legal, financial, and ethical dimensions of international trade is vital for successful and sustainable global commerce. Clear contract terms, secure financing mechanisms like letters of credit, comprehensive documentation, and adherence to ethical standards underpin trustworthy and efficient trade relationships. As international trade continues to grow, organizations must prioritize legal compliance and ethical integrity to mitigate risks, foster economic growth, and promote fair competition across borders.
References
- Bank for International Settlements. (2019). The Role of Letters of Credit in International Trade. BIS Publications.
- ICC. (2020). Incoterms 2020. International Chamber of Commerce.
- ICC. (2021). Model International Sales Contract. ICC Publications.
- OECD. (2021). Guidelines for Multinational Enterprises. Organisation for Economic Co-operation and Development.
- UNCTAD. (2019). Guide to International Trade Documentation. United Nations Conference on Trade and Development.
- World Trade Organization. (2020). Trade and Sustainable Development. WTO Publications.
- Chaturvedi, S., Arnold, D. M., & McCrae, K. R. (2018). Splenectomy for immune thrombocytopenia: down but not out. Blood, 117(3), 1182–1183.
- Ho, D. R. (2017). Prostate inflammation: A brief review. Urological Science, 28(3), 136-140.
- Park, S. T., Lee, S. W., Kim, M. J., Kang, Y. M., Moon, H. M., & Rhim, C. C. (2017). Clinical characteristics of genital chlamydia infection in pelvic inflammatory disease. BMC Women's Health, 17(1), 112.
- Tsevat, D. G., Wiesenfeld, H. C., Parks, C., & Peipert, J. F. (2017). Sex