Session 1 : International Trade Law

Universal definition 

• Dr. Sumantoro : “the exchange of goods and services between nations  and as used, it generally refers to the total goods and services  exchange among all nations”.

• International trade is an activity by a firm to sell their goods cross country to all the nations.

 International Trade Law definition by professor : 

• Prof.Clive M.Scmitthoff : "... the body of rules governing commercial relationships of a private law nature involving different nations ".

• International trade law is a set of rules that govern commercial relationships that are civil law. The rules regulate the transactions of different countries.

• Prof. Rafiqul Islam : "... a wide-ranging transnational, commercial exchange of goods and services between the individual business person, trade bodies and states ".

• International trade have tight relation with financial. International trade law associated more than one different legal systems.

• Hercules Booysen : Differentiate International trade law into 3 :

• First : can be viewed as a special branch of international law.

• Second : the rules of international law applicable to trade in goods, services and intellectual property rights protection.

• Third : the rules of law which have a direct impact on international trade in general.

• Michelle Sanson : "International trade law can be defined as the regulation of the conduct of parties involved in the exchange of goods, services and technology between nations". Michelle Sanson divide international trade law into 2 :

• Public international law => trade laws regulating interstate commerce

• Private international trade law => laws governing trade individual [private tenders] in different countries. 

 International Trade Law purpose:

1. To achieve a stable international trade and avoid policies and practices are detrimental to the national trade of other countries.
2. To increase the volume of world trade by creating an attractive and profitable trade for the economic development of all countries.
3. Improve the living standards of humanity
4. Increase Employment
5.  Develop a multilateral trading system, not a country unilaterally
   particular, which will implement an open and fair trade policies that benefit all countries, and
6. Increase the utilization of resources and increase the wealth of the world buying and selling of products and goods.

International Trade Weakness :

1. International trade law is largely pragmatic and permissive. This resulted in the rules of international trade law less objective in the "force" states to comply with the law. In fact, the countries that have the political and economic power make use trade as a means of political policy. 
2. The rules of international trade law conciliatory and persuasive (not force). This weakness as well as strength to the development of international trade law that cause or allow the development of the law in the midst of a crisis.