Foreign trade must be taken into account in the sense that entrepreneurs and within them merchants can not only place their products on the internal market, but they can also place them on the external market.
1. Introduction
In this presentation entitled international trade law we will cover the following topics: trade, the market, trade is not the same as industry, international industrial law, international industry, classes of commerce, classes of contracts, international sale and purchase, other international contracts, international guarantees, international legal acts, location, commercial law, relations with other branches of law, customs law, international trade law, customs law is part of international trade law, globalization, international corridors, mergers, divisions and international acquisitions and conclusions.
Positive law or legislation is not the same as law, since the latter encompasses all sources of law, among which we can cite the law, doctrine, custom, jurisprudence, enforcement, social reality, expression of will and general principles of law., among other.
In other words, many lawyers, law students, and other professionals confuse these terms and consider them as synonyms, so it is convenient for our purposes to clarify that they do not mean the same thing.
If the law were to be exhausted by legislation, it would not take six years to study law, but less. And even in practice, said time is scarce to develop all the law, for which there are specialization courses, diplomas, masters and doctorates.
That is, the law is very broad and many studies are needed to understand it, so the one who only studies a professional career and does not study seminars, courses, congresses, diplomas and other studies, has very limited horizons and can become empirical.
In this sense we reject that the study of law is carried out only at the university level in the undergraduate level.
2. Trade
Trade is the exchange of goods and services. Trade is an economic activity. Trade is studied by commercial law, in this sense international trade law is discussed and studied.
3. Market
The market is where supply (seller) and demand (buyer) meet, so we must record that supply and demand are not always in the same state, but sometimes they are in the same state and others occasions are found in various states.
In this sense, one can speak of a district, departmental, national and international market.
Therefore we must record that the market that interests us at present is the international market.
We must put on record that we can speak of the international market for vehicles, sweaters, pants, computers, refrigerators, printers, laptops, among other goods.
In other words, the international market covers mainly furniture, but also covers real estate. And it also includes intangible assets such as intangibles.
Therefore we must record that the international market covers almost only furniture, but this does not imply that other goods are left out of this list.
4. Trade is not the same as industry
Trade involves exchanging goods or services between buyers and sellers, while industry does not imply exchanging them, but only manufacturing or transforming them, in this sense we speak of Peruvian, Chinese, Japanese, United States of America, or industry American, European, Asian, among others.
It should be specified that industry is not the subject of this exposition. However, before and / or after manufacturing, we are dealing with international trade and foreign trade.
5. International industrial law
Industrial law is divided into national industrial law and international industrial law, so the subject related to this presentation would be at most international industrial law.
6. International industry
It is when a product is manufactured in several states or countries, and then it is just sold.
7. Trade classes
Trade is of three kinds, which are domestic or domestic trade, foreign trade, and international trade.
Therefore, we will define these types of trade below, in order to have a clear idea of them.
8. National or internal trade
The commerce can be developed inside or outside a state, in this sense it corresponds in this headquarters to develop only the national or internal commerce, for example if a Lima takes vehicles to Arequipa and sells them it is an assumption of national or internal commerce.
When Hipermercado Metro, Saga or Ripley, or another establishment sells soaps or soft drinks or clothes in its establishment to a buyer, it is another assumption of national or internal trade.
Another assumption of national or internal trade is when a Peruvian company sells a new or used car in the Peruvian state.
Other national or internal trade assumptions are the national or internal swap, national or internal supply, national or internal supply, national or internal donation, mutual or national or internal credit, national or internal lease, national or internal accommodation, national or internal loan., national or internal service provision, national or internal bond, national or internal arbitration, national or internal annuity and national or internal gambling, national or internal company sales, national or internal joint venture, national or internal trust, contracts national or internal labor, among other contracts, which may be not only civil, but also business, labor, among others, which are a matter of study of contract law.
In this sense, we can affirm that national or internal trade is carried out within the same state, with respect to the people located in it.
Within the three classes of commerce, national or internal commerce is the one that first appeared in the history of law.
National or internal trade must be taken into account in the sense that companies must bear in mind that they cannot only place their products in a city or another market such as a district, for example in the district of San Miguel, or La Molina, among others, but they can do it throughout the territory of a state, therefore, it is convenient to open branches, to occupy a greater part of it.
Of the three types or classes of trade, national or internal trade is the best known and most widespread, however, there are others, which is why we will then develop foreign trade.
9. Foreign trade
Having developed national or internal trade, it corresponds in this subtitle to develop foreign trade.
Foreign trade is the trade or exchange of goods and services that is carried out outside a state, in this sense for Peruvian law foreign trade is trade carried out in France, Italy, Spain, Brazil, Argentina, Chile, Ecuador, Bolivia, Uruguay, Paraguay, among other states.
Therefore we must record that trade is not only carried out in the Peruvian territory, but also in other states.
If a Peruvian exports pig meat and sells it in the United States of America or in a state other than the Peruvian state, it is an assumption of foreign trade.
This export assumption greatly favors the economy, since exports are favorable to it.
This type of trade appears after the appearance of national or internal trade.
Foreign trade must be taken into account in the sense that entrepreneurs and within them merchants can not only place their products on the internal market, but they can also place them on the external market.
Foreign trade is confused by some lawyers with international trade, in this sense it is also necessary to develop the latter, which has also been developed by the economy.
In this sense, we must record that few distinguish these two classes of trade, such as foreign trade and international trade.
10. International trade
Having referred to national or internal trade and foreign trade, it corresponds in this subtitle to develop international trade.
We are used to studying civil law, in this sense we consider that it is normal that the buyer and seller are always in the same state, but this does not always happen.
In this sense, when the contractors are not in the same state, we are dealing with international trade. For example, if one part is in Peru and the other part is abroad, it is the assumption of international trade.
International trade is trade that takes place between subjects located in different states, therefore, if the seller is in Peru and the buyer is in China, Japan, Bolivia, Chile, Ecuador, Argentina, Spain, France, Italy, among others states and the contract is concluded, we are facing an assumption of international sale or trade.
However, we must record that international sale is only an assumption of international trade.
We have referred to the contract of sale, but the trade studied in this headquarters, which is international trade, refers in this case to all contracts.
In this order of ideas there is international donation, international supply, international business management, international leasing, international mandate, international bond, international loan, among other international contracts, for which we must record that the shares of a company can also be sold through an international sales contract.
However, we must specify that we have only referred to contracts, but these principles are not only applicable to contracts, but also to legal acts and guarantees, in this sense international powers, international wills, mortgages may be the subject of study. international, garments (this does not turn out to be the moment, but nevertheless, we must record that the rules on pledge in Peruvian positive law have been repealed by the security guarantee law of this year 2006, for which some lawyers are in against said law) international, international antichresis, international lien, letters international bail, international trust, international bail, international guarantee, international value title, among others.
This type of trade is studied by international trade law, which is part of commercial law, business law and corporate law.
International trade appears after national or domestic trade.
The benefits of international trade are:
- that the variety of goods and services existing in the different states is increased, since not all states manufacture or produce the same goods or services, for example in the Peruvian state, vehicles are not manufactured, reducing production costs, because On a large scale, the manufacturing price is lower, for example, if it is sold only within a state, a production or quantity of ten thousand poles can be manufactured, but if there is international trade, it can manufacture not ten thousand poles, but a hundred thousand poles, making that manufacturing prices are reduced, increased circulation of creations, so that intangible goods may be better known abroad, and increased competition, since national companies compete in international trade with foreign companies,which brings as a consequence that only efficient companies subsist, and that inefficient companies disappear, reducing prices, since foreign companies compete with national companies, in this sense without international trade the prices are higher, and with international trade, prices are lower, and make the market more efficient, since it selects efficient companies, which are the only ones that remain in the market, while inefficient companies disappear from the market.and with international trade, prices are lower, and make the market more efficient, since it selects efficient companies, which are the only ones that survive in the market, while inefficient companies disappear from the market.and with international trade, prices are lower, and make the market more efficient, since it selects efficient companies, which are the only ones that survive in the market, while inefficient companies disappear from the market.
In order to discourage imports, tariffs are created that are taxes that are imposed on goods and services that come from abroad, for example, if a payment is imposed on cars that come from Japan, this is a tax, which is more exactly a tariff.
It is difficult to explain and understand, but tariffs protect the national industry, but neither the economy nor the law should protect entrepreneurs, since they make products more expensive and inefficient companies are created, which threatens the market. which only efficient companies must subsist in it.
In any case, it is necessary to record that international trade is not only studied by law but also by the economy.
When studying international sales, it is necessary to take into account the Vienna Convention of April 11, 1980, which contains the Convention on contracts for the international sale of goods, to which the Peruvian state has adhered in accordance with Supreme Decree 011. -99-RE of February 18, 1999.
This document apparently only regulates a contract such as international sale, so we must record that we have not been aware of other documents that regulate other international contracts such as those indicated in the preceding paragraphs, nor that regulate the guarantees indicated in the themselves.
However, it is clear that private international law also contributes its experiences to international trade, however, this branch of private, civil, corporate and business law has deserved few studies by the scholars. But from another perspective, this branch of law is insufficient to regulate the legal relationships existing or arising from international trade.
11. Types of contracts
There are various classifications of contracts, which are studied by the writers, among which we can study the one that classifies contracts in national and international.
They are national contracts when both parties that conclude the contract are in the territory of the same state and are international contracts when both parties that conclude the contract are not in the territory of the same state or the property or the guarantee is not located in the same.
12. International sale and purchase
The most important international contract is the international sale, whereby the seller and buyer are not both in the same state, or the good sold is not in the same state.
When studying international sales, it is necessary to take into account the Vienna Convention of April 11, 1980, which contains the convention on international sales contracts, to which the Peruvian state has adhered in accordance with Supreme Decree 011-99- RE of February 18, 1999.
13. Other international contracts
Contract law studies contracts, so we must record that the sale is not the only contract, but that there are others such as the international lease contract, international mandate contract, international accommodation, international leasing, international business sale, international business leasing, among other international contracts.
14. International guarantees
Guarantees are not the same as contracts, in this sense contracts are concluded, but guarantees are not concluded but are constituted, and within the latter we can cite the international mortgage, international pledge, international antichresis, international lien., international guarantee letter, international guarantee, international title insurance, international credit insurance, international guarantee trust, among other international guarantees.
15. International legal acts
International legal acts are not always contracts, since there are legal acts that are not contracts such as international power or international will, among others.
16. Location
International trade law is located in private law, because it is part of commercial law.
In other words, international trade law is located in commercial law.
17. Commercial law
Commercial law is located in private law and covers corporate, postal or exchange, bankruptcy, stock exchange, banking, international trade law, among other branches of law.
18. International trade law is part of commercial law
It is necessary to record that commercial law encompasses international trade law.
19. Relations with other branches of law
19.1. With corporate law
International trade law is related to company law, because a company can be incorporated to celebrate international contracts and because international economic agents sometimes enter into contracts with companies, therefore, they care about knowing its structure.
19.2. With the right cartular
International trade law is related to postal or exchange law, because in international trade securities can be validly used.
19.3. With bankruptcy law
International trade law is related to bankruptcy law, because international companies (which are companies that have offices or premises in several states) can incur insolvency and bankruptcy.
19.4. With banking law
International trade law is related to banking law, because some banks are international and because in international trade you can request financing from entities of the financial system.
19.5. With civil law
International trade law is related to civil law, because the first uses some institutions of common law such as contracts, obligations, guarantees, people, among others. And within civil law it is also related to private international law.
19.6. With criminal law
International trade law is related to criminal law, because international crimes can be committed in the former.
19.7. With contractual law
International trade law is related to contract law, because in the first one international contracts are concluded, among which international sales stand out.
19.8. With computer law
International trade law is related to computer law, because some contracts are concluded via the Internet.
19.9. With telecommunications law
International trade law is related to telecommunications law because you can use the telephone to contract.
19.10. With the registry right
International trade law is related to registry law because in order to contract some opportunities, it is necessary to study the registry items and that the acts are registered by recordable acts.
19.11. With the notarial right
International trade law is related to notary law because in international contracts notaries often intervene, certifying signatures or raising the minutes held by the parties to public deeds.
19.12. With civil procedural law
International trade law is related to civil procedural law, because conflicts of interest may arise in international contracts and must be aired before the Judiciary, in civil jurisdiction.
19.13. With criminal procedural law
International trade law is related to criminal procedural law, because conflicts of interest may arise in international contracts and must be aired before the Judicial Power, in the criminal jurisdiction.
20. Customs law
Customs law is regulated in the Peruvian case by the general customs law and other norms and deals with regulating customs clearance, among other issues.
21. International trade law
International trade law studies not only customs law, but everything related to international trade.
22. Customs law is part of international trade law
International trade law covers customs law.
23. Globalization
It is necessary to specify that globalization reduces the costs of products and services. For example, if a car factory exists in a State, globalization causes greater competition in the market, in that sense car prices decrease in that State.
Autarchy is the opposite of globalization, in which states seek not to depend on any other state, since it implies the absence of international trade.
For some authors, globalization is against companies in less developed states. Therefore it is necessary to specify that not everyone agrees with globalization.
Globalization has a lot to do with international trade, which can be done through importation and exportation.
Globalization plays an important role in that it prevents monopolies or price agreements or market sharing. Always leaving natural monopolies aside.
Globalization must be studied together with customs law, because with globalization, tariff measures are reduced, which is not convenient for all, but only the most developed. It is necessary to record that the first world states have established tariffs on imports. For example, when exporting to a developed state, tariffs must be paid when the product enters the destination state.
Few know and write about the disadvantages of globalization.
24. International brokers
Brokers are those whose function is to unite supply and demand in the market, in this sense when the creditor with the debtor or the broker are not in the same state, we are facing an international brokerage.
25. International mergers and divisions
Mergers and divisions are studied by commercial law and specifically also by international trade law, since sometimes the merged companies are not located in the same state, but in different states and when the resulting companies are domiciled in a division in different states.
Of these two legal figures the best known is the merger, that is, of the two legal figures the least known is the split, in that sense there are few studies dedicated to it.
In practice, more mergers than divisions occur, and it is also necessary to record that the division is not the same as the division of companies, since the division is of two kinds, the total division, which is the division of companies and partial division.
This subject is not only studied by law but also in international finance.
26. International acquisitions
The international contracts of sale of companies are called international acquisitions, so international trade law studies them, in this sense we must record that we are before these contracts when the seller and buyer are not in the same state or the company sold, or the guarantee, is not in the same state of the contracting parties.
These assumptions are difficult to present in practice, but they are presented and therefore we study them, because it is convenient to study all the assumptions and not only those that are more notorious or more common and current, in that sense we consider that we have contributed with our grain of sand to the international legal culture
This subject is not only studied by law but also in international finance.
27. Conclusions
After having developed the topic of international trade law, we formulate conclusions in the following terms:
1. That law is not the same as positive law or legislation.
2. That in this branch of law it is necessary to have solid knowledge of commerce and the market.
3. That it is necessary to take into account that industrial law is outside international trade law.
4. That in this branch of law it is necessary to take into account the types of trade, such as national or internal trade, foreign trade and international trade.
5. That in this branch of law it is necessary to understand that contracts are classified into national contracts and international contracts.
6. Then you need to understand international contracts.
7. You also need to understand international guarantees.
8. Furthermore, it is necessary to understand international legal acts.
9. That international trade law is located in private law and commercial law.
10. That commercial law includes corporate, carturlar or exchange, banking, stock exchange, insolvency and international trade law, among other branches of law.
11. That international trade law is related to corporate, cartular, bankruptcy, banking, civil, criminal, contractual, computer, telecommunications, registry, notary, civil procedure and criminal procedure.
12. That the study of customs law is necessary.
13. That the study of international trade law is important.
14. That customs law is part of international trade law.
15. That the study of globalization is necessary in international trade law.
16. That in international trade law the study of international corridors is necessary.
18. That in international trade law the study of international mergers, divisions and acquisitions is necessary.
