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					     LISTING OF LAWS

Indian Institute of Foreign Trade
           NEW DELHI
           30th October 2004



           Presented by
         SAMEER RASTOGI
              Advocate
                                               Listing of Laws
Object: To acquaint the participants with the existence of
various International conventions / treaties / protocols and
numerous Indian laws existing in India. While doing
International business transactions participants may need
to refer any of the convention / treaty / protocol or laws.

                         CONTENTS
•International convention / treaties / Protocols
•Indian laws
•Brief about Environment Laws
              IPR Laws
              Labour Laws
              Taxation
              International Trade
              International dispute resolution / Arbitration
                               Listing of Laws
WHY ONE SHOULD KNOW ABOUT INTERNATIONAL
LAWS / CONVENTIONS & DOMESTIC LAWS?

 Especially In International Business Transactions

  EXAMPLES - 1        AIRCRAFT BUSINESS

  EXAMPLES - 2        EXPORT IMPORT BUSINESS


  EXAMPLES - 3        MINING BUSINESS

  EXAMPLES - 4        MARITIME / SHIPPING BUSINESS
                              Listing of Laws

INTERNATIONAL CONVENTIONS AND PROTOCOLS


               Universal Conventions /
               Protocols / Treaty



Regional/Bi-lateral     /
Multi-lateral Conventions
/ Protocols / Treaty
                              Listing of Laws
Intellectual Property Rights

1. Universal Copyright Convention 1952
2. Berne Convention 1886
3. Patent Cooperation Treaty 1970
4. Nice Agreement
5. Paris Convention
                           Listing of Laws
TAXATION

There are Double Taxation Avoidance
Agreements (DTAA) between India
and other countries. The objects of
these agreements are to avoid double
taxation of the income earned by any
person or company in two or more
countries.
                               Listing of Laws
TAXATION

EXAMPLES
 India   -   USA - dated 20th Dec 1990
 India   -   UK - dated 11th Feb 1994
 India   -   Germany dated 29th Nov 1996
 India   -   China dated 21st Nov 1994
 India   -   Japan dated 1st Mar 1990
 India   -   France dated 7th sep 1994
                       Listing of Laws
ENVIRONMENT LAWS
               ANTARCTIC TREATY

             MONTREAL PROTOCOL

                KYOTO PROTOCOL

        BIODIVERSITY CONVENTION

VIENNA CONVENTION ON OZONE LAYER
                                      Listing of Laws
INTERNATIONAL TRADE
UNITED       NATIONS        CONVENTION         ON
CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS (VIENNA 1980) ("CISG") -
This Convention establishes a comprehensive
code of legal rules governing the formation of
contracts for the international sale of goods, the
obligations of the buyer and seller, remedies for
breach of contract and other aspects of the
contract. The Convention entered into force on 1
January 1988.
                                     Listing of Laws
INTERNATIONAL TRADE
CONVENTION ON THE LIMITATION PERIOD
IN THE INTERNATIONAL SALE OF GOODS
(NEW YORK 1974) - This Convention
establishes uniform rules governing the period of
time within which legal proceedings arising from
an international sales contract must be
commenced. It has been amended by a Protocol
adopted in 1980 when the United Nations Sales
Convention was adopted. Both the original
Convention and the Convention as amended
entered into force on 1 August 1988
                                        Listing of Laws
 INTERNATIONAL TRADE
• UNCITRAL           LEGAL           GUIDE         ON
  INTERNATIONAL                    COUNTERTRADE
  TRANSACTIONS (1992) - The purpose of the
  Legal Guide, adopted in 1992, is to assist parties
  negotiating     international      counter     trade
  transactions. It identifies legal issues involved in
  such transactions and discusses possible
  contractual solutions.
• UNIFORM CUSTOMS & PRACTICE FOR
  DOCUMENTARY CREDITS (UCP)-500
• INCOTERMS
                                 Listing of Laws
 LABOUR LAWS
          ILO CORE CONVENTIONS

Freedom of Association and Protection of the
Right to Organize Convention, 1948 (No. 87)
Establishes the right of all workers and
employers to form and join organizations of
their    own     choosing      without  prior
authorization, and lays down a series of
guarantees for the free functioning of
organizations without interference by the
public authorities. In December 1997, 121
countries had ratified this convention.
                                       Listing of Laws
  LABOUR LAWS
Right to Organize and Collective Bargaining
Convention, 1949 (No.98) - Provides for protection
against anti-union discrimination, for protection of
workers' and employers' organizations against acts of
interference by each other, and for measures to
promote collective bargaining. In December 1997, 137
countries had ratified this convention.

Forced Labour Convention, 1930 (No.29) -
Requires the suppression of forced or compulsory
labour in all its forms. Certain exceptions are
permitted, such as military service, convict labour
properly supervised, emergencies such as wars, fires,
earthquakes, etc. In December 1997, 145 countries
had ratified this convention.
                                  Listing of Laws
LABOUR LAWS

Abolition   of    Forced     Labour
Convention, 1957 (No.105) - Prohibits
the use of any form of forced or
compulsory labour as a means of political
coercion or education, punishment for the
expression of political or ideological views,
workforce mobilization, labour discipline,
punishment for participation in strikes, or
discrimination. In December 1997, 130
countries had ratified this convention.
                                     Listing of Laws
LABOUR LAWS
Discrimination         (Employment           and
Occupation) Convention, 1958 (No.111) -
Calls for a national policy to eliminate
discrimination in access to employment,
training and working conditions, on grounds
of race, color, sex, religion, political opinion,
national extraction or social origin and to
promote equality of opportunity and
treatment. In December 1997, 129 countries
had ratified this convention.
LABOUR LAWS                              Listing of Laws

Equal Remuneration Convention, 1951
(No.100) - Calls for equal pay for men and women
for work of equal value. In December 1997, 135
countries had ratified this convention.

Minimum Age Convention, 1973 (No.138) -
Aims at the abolition of child labour, stipulating that
the minimum age for admission to employment
shall not be less than the age of completion of
compulsory schooling, and in any case not less
than 15 years (14 for developing countries). In
December 1997, 59 countries had ratified this
convention.
                                Listing of Laws
INTERNATIONAL DISPUTE
RESOLUTION / ARBITRATION

ICC PARIS - International body for
international Commercial Arbitration having
its rules and procedures
NEW YORK CONVENTION-For recognition
and enforcement of foreign arbitral award.
GENEVA CONVENTION-For recognition
and enforcement of foreign arbitral award
                           Listing of Laws
INTERNATIONAL DISPUTE
RESOLUTION / ARBITRATION

• Uncitral Arbitration Rules (1976)
• Uncitral Conciliation Rules (1980)
• Uncitral Model Law On International
  Commercial Arbitration (1985)
• Uncitral Model Law On International
  Commercial Conciliation (2002)
• LCIA Mediation Procedure 1999
• European Convention 1961
• Washington Convention 1965
REMEMBER EXISTENCE
     OF LAWS

         Thank you


       Presentation by Sameer Rastogi, Partner

				
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