Role and Functions of Law
International law, at its immediate context, is a set of fundamental rules and regulations that governs the relations between different countries across the globe. This in turn helps create a peaceful co-existence among countries and regions at large. These laws outline the boundaries of relations and hence the extent to which each country trade with other countries(Vos, 2013). In today’s contemporary society, it is quite imperative to acknowledge the fact that the business of today has transcended from being purely domestic to becoming regional and international. This in essence creates a dynamic and globally competitive business environment that seeks to create regional balance in terms of economic endowment. For this reason there is crucial need for the inculcation of the international laws that would see the businesses across the borders done in the most productive and peaceful way. This essay revolves around the important roles that these international laws play in the global platform of business environment. It seeks to find their significance in the international business industry and reasons why they are quite indispensible in these prospects.
One of the roles of the international law is to ensure and promote ethical business practices in the industry. This comes at a time when the world at large is up to the game to scrap out unscrupulous business people who wants to take advantage of others by doing business that creates negative impact on others. These laws ensure that only those parties who do business in the most ethically acceptable way would be allowed to carry on with their businesses(Sornarajah, 2004).. In the case study given, federal law on advertisement,(the Federal Cigarette Labeling and Advertising Act of 1965,)clearly outlines the most proper way in which the cigarette advertising should be carried out. Liggett, the plaintiff, here tries to sue the cigarette manufactures over the unethical way of advertising that misled his mother to succumb to death.
Secondly international laws advocate s for consumer protection, and in most cases tend to ensure that consumers get a justifiable best produce without malice of price or price deception. The laws are therefore drawn to promote transparency in the business where the parties concern have full and perfect knowledge of the market and that they are justified for the actions that they take as they trade(Vos, 2013). The case given draws the fundamental precepts on the way cigarette smoking information should be relayed to the public. It is to the ignorance of the mother of the aggrieved not to have read carefully on the harmful effects of the drug. Even as Liggett tries to sue the company, it does not hold water since ignorance is no defense.
Moreover, international laws form a platform where business individuals and parties settle their day to day disputes that may occur as they carry out such businesses. In a way it creates the boundary beyond which ones trespasses the other business fellow. The conflict the emanates between the plaintiff and the defender in the case given about the harmful cigarette effects that causes death, sees these individuals seek the international law. By following the precepts outlined in the law, the aggrieved was convinced by the court beyond reasonable doubt that the death occurred out of ignorance and not on the malice of the manufacturers.
International laws also ensure that justice is served where it is due(Sornarajah, 2004). In the context of the case given, the aggrieved feels justified by the actions the manufacturers of cigarettes did to advertise even the harmful effects that come with cigarette smoking. Even he has the loss, the loss is justified by the precepts that the international laws uphold.
Finally international laws more often actas standard setting and control mechanism. These laws set standards of behavior and conduct in various areas such as manufacturing, construction, trade(Vos, 2013). For example in the case given, the two federal laws : (1) the Federal Cigarette Labeling and Advertising Act of 1965, and(2) the Public Health Cigarette Smoking Act of 1969. Clearly outlines the basic rules and regulations to be followed in the carrying out of the cigarette business. This in essence gives the manufacturers the guidelines they should emulate as they carry out they business and this promotes a peaceful coexistence among the trading parties.
In conclusion the international laws plays profound role in the management of the international business. It successfully does this by ensuring a proper and ethical business practice and also fostering on the peaceful co-existence in the business environment. It is therefore quite imperative for the international bodies concern to come together and formulate substantial legislature that would bring sanity to the international business environment. At this point in time, the formulation and implementation of the international laws are quite indispensible such that if such structures are not put in place then the global economic development would be at a daunting situation.
Sornarajah, M. (2004). The international law on foreign investment. Cambridge: Cambridge University Press.
Vos, J. A. (2013). The function of public international law. The Hague: Asser