International trade law – Notes

international-trade-law

International trade law regulates the acceptable rules and custom for handling trade between countries the dealings between personal sector or totally different countries is a very important a part of WTO activities. The branch of law is incredibly vital a part of these activities international trade is an associate mixture of legal rules of international legislation and regulation relations in international trade law contains rules regarding unfair mercantilism practices like merchandising and subsidies. The WTO dispute settlement body has exclusive and obligatory jurisdiction once disputing on WTO law (Art 23).



The lay to rest national trade law carries with it a body of international legislation primarily a comparison of international treaties and acts of international inter-government organization. A new space of International Trade law involves the international trade of material possession we’ve three of governing material possession.

  1. The patent act 1970
  2. The copyright act 1957
  3. Trade and mercantile act of 1958.

Under International Trade Law there are 2 vital bodies of the World Trade Organization:

  1. dispute settlement body during which all member countries here grievance or violation of WTO rules and arguments.
  2. foreign policy review model could be a forum for the whole membership to review the foreign policy of all WTO member countries.



Competition law

Competition law could be a law that promotes or obtain to take care of market competition by regulating anti-competitive conduct by firms competition law is enforced through public-private social control in India government set to enact a law on competition.

Competition bill 2001 was introduced in Parliament and passed in December 2002 the act is named competition Act 2002 before competition act we have a tendency to were exploitation the MRTR act 1969. The Monopolies and Restrictive Trade Practices(MRTP) Act, 1969, aims at preventing the concentration of economic power within the hands of a few business homes. The Act provides for management of monopolies, probation of non-competitive, restrictive and unfair trade observe and protection of shopper interests.



Objectives:-

  1. to ban anti-competitive observe
  2. to ban abuse of dominance
  3. laws of competition.
  4. forestall practices having an adverse impact on competition.
  5. Promote and sustain competition in the market.
  6. shield shopper interest at larger.
  7. guarantee freedom of trade to hold on by different competition within the market.

Consumer Protection Act of 1986:

Buyer Protection could be a cluster of laws and Organizations designed to make sure the rights of a shopper in addition to truthful trade. competition and correct data within the Marketplace shopper Protection law are a variety of Government regulations that aims to shield the proper shopper. shopper protection could be a link to the concept of shopper right and to the formation of shopper organization that facilitates shopper to create a more sensible choice within the Marketplace and obtain facilitate with shopper grievance.

  • Section one. Short Title, Extent, Commencement and Application underneath buyer protection act 1986
    • This Act could also be known as the buyer Protection Act, 1986.
    • It extends to the complete of India except for the State of Jammu and Kashmir.
    • It shall inherit force on such date one because the Central Government could, by notification appoint and totally different dates could also be appointed for various States and for various provisions of this Act.
    • Save as otherwise expressly provided by the Central Government by notification, this Act shall apply to all or any product and services.



  • Section 2(d) “consumer” means that any individual UN agency, – underneath shopper protraction act 1986:
    • Buys any product for a thought that has been paid or secure or part paid and part secure, or underneath any system of payment and includes any user of such product aside from the one that buys such product for thought paid or secure or partly paid or part secure, or underneath any system of payment once such use is formed with the approval of such person, however doesn’t embrace an individual UN agency obtains such product for selling or for any business purpose.
    • Hires or avails of any services for a thought that has been paid or secure or part paid and part secure, or underneath any system of payment and includes any beneficiary of such services aside from the one that hires or avails of the services for thought paid or secure, or partly paid and part secure, or underneath any system of payment, once such services are availed of with the approval of the primary mentioned person;

Explanation: For the needs of sub-clause (i), “commercial purpose” doesn’t embrace use by a shopper of products bought and employed by him solely for the aim of earning his resource, by means that of self-employment to shield the buyer right underneath certified public accountant.

  1. Right to safety
  2. Right to selection
  3. Right to data
  4. Right to be detected
  5. Right to shopper education

Unfair trade practice:

It means the trade practices that are for the aim of promoting sale use or provision of any product or service by adopting any unfair technique.

  1. Passing of products and repair as those of another
  2. delineated the products to be original/new if they’re rescued use or second hands
  3. delineated that product or service ar of a selected customary quality or grade if they are of another.
  4. Advertising product and repair with instant to not sale then as publicized.
  5. Advertising product and repair with instant to not provide in keeping with cheap acceptable public demand.
  6. inflicting like the hood of confusion with relevancy satisfaction from product and repair.

Evolution of competition law

In India, the competition law was enacted in 1969 id est. MRTP act 1969 the MRTP act 1969 came into force with the result from June 1970. The MRTP act has lost its effectiveness in the new liberalized and global scenario the MRTP act 1969 was replaced by the competition act 2002.



The competition act, 2002 was enacted to provide for the establishment of a commission to prevent practices having adverse effects on competition and to promote and sustain competition in the business environment & to protect the interest of consumer & also to ensure freedom of trade carted on by other participants in market in India and for matter connected therewith or incidental to.

The competition Act 2002 came into existence in Jan 2003 and the competition commission of India CCI was established on October 14, 2003, CCI consists of a chairperson and six-member appointed by the central government CCI in function as market regulating for preventing and regulating anti-competition practice in the market.

National income:-  the sum of all income of people of a country is called national income National is related to the national product of the country the total value of all final goods and services produced by various productive forms in a year is known as a national product.

Problem:-

  1. National income is always measured in terms of money but there’s a number of goods and services which are not calculated in terms of money example the service of the housewife.
  2. Double counting is an important problem while calculating NY. if the value of all goods and services is added the total will overtake the national output.
  3. Income earned through illegal activities such as gambling extraction of wine etc is not included in NY.
  4. To estimate the contribution made to NY by profit earn on irrigation and power project in terms of money is also a difficult problem.
  5. The reason for illiteracy:- most products have no idea of the quantity and value of their output and do not follow the practice of keeping the regular account.
  6. Lack of adequate statistical data makes the task of estimation of NY more acute and difficult.
  7. The selection of methods while calculating NY is also an important task the wrong method leads to poor results.

Cartels:- A cartel is formed when two or more firms enter into an agreement to resistant the supply or fix the price of goods in a particular industry.eg OPEC ( organizations of petroleum exporting countries).

A cartel is an agreement between competing firms to control price or exclude entry of a new competitor in a market. It is formal organizations of sellers and buyers that agree to fix selling price.

Two types of agreements are there:-

  1. Horizontal
  2. Vertical

The horizontal agreement is between competing businesses to manipulate competition amongst all competition in the market place. The vertical agreement is between a seller and buyer wherein a retailer Can buy products from one manufacturer but in the agreement is restricted from buying from competing for manufacturing.

Objectives of agreements:-

  1. Price fixing
  2. Monopoly
  3. Boycott of other firms
  4. Market allocation

There are two types of macroeconomic policy:-

  1. Fiscal policy:- it’s the macroeconomic policy where the government makes changes in government spending or tax to stimulate growth.
  2. Monetary policy:- It deals with change in money supply or change in perimeters that affect money supply in the economy.

Main objectives of macroeconomic policy:-

  1. Stability (low inflation)
  2. Sustainable growths
  3. Improvement in productivity
  4. High employment (full employment)
  5. Rise in living standards & fall in poverty.
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