This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clear summary, and practice questions. Due to its colourful cases, this book is accessible and fun to read.
Foreword
PART 1
Introduction and methods
1 What is law and where can we find it?
1.1 The organization of just behaviour
1.2 The meaning of just behaviour
1.3 The origin of law
1.4 Legal sources
Summary
Practice questions
2 Comparative law and legal systems
2.1 The purpose of comparative law
2.2 Macro comparison: legal families
2.3 Micro comparison: a functional method
Summary
Practice questions
PART 2
International public law
3 Constitutional law
3.1 Trias politica and the struggle for power
3.2 The language of constitutional law
Summary
Practice questions
4 International cooperation: the United Nations
4.1 The United Nations and Bretton Woods
4.2 The institutions of the UN
Summary
Practice questions
5 International Cooperation: The Bretton Woods Institutions
5.1 The International Monetary Fund
5.2 The World Bank
5.3 The World Trade Organization
5.4 Alternatives
Summary
Practice questions
6 Regional economic integration
6.1 Regional economic integration
6.2 The free trade zone: NAFTA
6.3 The customs union: the SACU
6.4 The common market: MERCOSUR
Summary
Practice questions
7 The European Union
7.1 Economic integration in Europe
7.2 Free trade under the EU
7.3 The organizational structure of the EU
7.4 Dispute settlement
Summary
Practice questions
PART 3
Business law
8 Contract law
8.1 The forming of a contract
8.2 The content and interpretation of a contract
8.3 The form of a contract
8.4 Factors affecting the validity of a contract
8.5 Performance of the contract
8.6 International contract law
Summary
Practice questions
9 Liability law
9.1 Contractual liability
9.2 Non-contractual liability
Summary
Practice questions
10 Labour law
10.1 The industrial revolution and the emergence of labour law
10.2 International labour law
10.3 Proper labour conditions
Summary
Practice questions
11 Company law
11.1 The legal form of a company
11.2 Regulatory competition
11.3 Foreign companies
Summary
Practice questions
12 The right to privacy and data processing
12.1 Privacy: a clash of rights
12.2 Privacy laws around the world
12.3 Jurisdiction challenges
Summary
Practice questions
13 Intellectual property
13.1 The forms of intellectual property
13.2 Jurisdiction challenges
Summary
Practice questions
14 Private international law
14.1 International legal disputes
14.2 The free choice principle
14.3 Substantive private international rules
14.4 Objective private international rules
Summary
Practice questions
Index
Biography
Bart Wernaart is law and ethics lecturer for International Business and Management Studies at Fontys University of Applied Sciences. Next to his academic career, Bart is a professional musician. Bart lives together with his wife Sylvia and their son Vik in Valkenswaard, the Netherlands.