PRACTICE AREAS
INTERNATIONAL LAW
We will begin by saying that the name “International Law” is not the most appropriate, since by mentioning it we are referring to a body of treaties, norms, and regulations. It is not exactly a code of laws approved by the government of one or several countries.
Indeed, one of the most important reasons why we say that this name is not appropriate is the lack of a formally structured and internationally recognized judicial system.
There are two categories of international laws: private and public. Private laws deal with disputes between companies and people from different countries, while public laws deal with relations between nations or people from different countries.
Let’s explore the characteristics that define each one and get ready to navigate the world of business on a global level, with the support of an international lawyer.
International public law
As we mentioned earlier, public international laws are those that provide a legal framework in circumstances in which two (or more) countries are involved in a dispute.
In general, and because these are nation-versus-nation disputes, sanctions as a consequence of the violation of certain laws are usually implemented by other countries, through, for example, the cancellation of some types of trade or the cancellation of agreements between nations.
Fundamental principles
Public International Law is governed by several fundamental principles, including:
- Sovereign Equality: All states are considered equal and have equivalent rights and obligations in the international arena. Sovereignty, in this context, implies the ability of a state to exercise authority over its territory and population without undue external interference.
- Non-Intervention: This principle establishes that states should not intervene in the internal affairs of other states. Non-intervention seeks to preserve the autonomy and sovereignty of each nation.
- Peaceful Settlement of Disputes: It encourages the peaceful resolution of disputes between states, whether through negotiation, mediation, arbitration, or recourse to the International Court of Justice.
International private law
In the case of private international laws, these have to do with conflicts between individuals and private companies from different countries.
The realm of international private law extends to situations involving foreign elements, be it individuals, assets, contracts, or any other aspect with international connections. Its objective is to determine the competent jurisdiction and applicable law in cases where multiple legal systems may come into play.
Certainty and efficiency in International Business
In many instances, parties involved in international business transactions can foresee potential disagreements when drafting contracts. Through specific clauses, these parties can establish the country or jurisdiction that will govern any dispute that may arise.
A “choice of law clause” allows contracting parties to designate the governing law for their contract. This is particularly crucial in international business, where contracts may involve parties from different legal jurisdictions. By clearly stipulating which legal system will apply, uncertainties and potential conflicts arising from differences in national laws can be mitigated.
In addition to or instead of choosing a specific governing law, parties may opt for an “arbitration clause.” This clause stipulates that, in the event of a dispute, the parties will submit their case to arbitration rather than pursuing litigation in national courts.
Arbitration offers a private and often more expeditious alternative to traditional court proceedings, and the choice of a neutral arbitration venue can further enhance fairness.
The inclusion of these clauses in international business contracts aims to provide a level of predictability and efficiency that is crucial in the fast-paced world of commerce.
Predictability is especially valuable for businesses operating across borders, allowing them to better understand the legal framework within which their agreements will be interpreted and enforced.
In these cases, it is usual for private agreements to define the country where a possible conflict will be resolved. Through a clause in your contract, it is determined that, in the event of a breach or dispute, the country that is chosen to apply the law is established.
International Law Firm New York
In the case of a dispute where private international law should apply, it will be very helpful to use an international law firm.
In the case of J. Dillard Co. Private Wealth International Law, we have local legal representatives in the main markets of the world. This gives us an extraordinary differential when advising you or your company, because we know in detail the local regulations. This allows us to act on your behalf in the most efficient way.
We understand that each case is unique, and our team of international lawyers collaboratively works with clients to tailor strategies that align with their specific goals. This client-centered approach ensures that you receive not only legal advice but also practical and strategic guidance throughout the resolution process.
Our international law firm based in New York provides a distinctive combination of global reach and local expertise.
Telephone: +16197324382
johndillard@consultant.com
info@jdillardlegal.pro
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