International Law & Trade Law & Lawyers

International law concerns the laws and principles governing actors at the international level. These actors include governments as well as international organisations.

If you would like legal help regarding any aspect of international law and trade, then please complete your free legal enquiry form on the right, or click here.

International law is of two main types:

1. Treaties
2. Customary international law

The Office of International Law provides legal advice and policy advice to the Attorney General and other Government agencies.

Treaties

Treaties are the formal instruments of international law.

Treaties come into force internationally upon signature, or upon signature and ratification, depending upon the terms of the instrument. States must formally assent to treaties before they become binding on them.

Customary international law

Customary international law is based upon the practices and views of states (countries). To establish a principle as one of customary international law requires establishing that states for the most part conform to the principle and accept it as one of international law.

Private International Law

Private international law is an area of law that deals with civil transactions and disputes that contain international elements. Also known as ‘conflicts of laws’, the subject is primarily concerned with developing principles and rules to resolve the following three stages of a legal conflict:

1. Jurisdiction
2. Choice of law
3. Recognition and enforcement of judgments

Private international law also deals with developing rules and processes to facilitate litigation between different countries, for example, developing conventions for the taking of evidence or the service of legal process.

The main international organisations concerned with developing and harmonising these rules are the International Institute for the Unification of Private Law (UNIDROIT), the Hague Conference on Private International Law (HCCH or Hague Conference), and United Nations Commission on International Trade Law (UNCITRAL).

If you would like legal help regarding any aspect of international law and trade, then please complete your free legal enquiry form on the right, or click here.

Multinational corporations, sovereign states and international organisations are facing an increasing number of issues which arise under public international law. Lawyers practising in the area of international law and trade generally can advise clients on:

• drafting, negotiating and acceding to treaties
• structuring investments
• investment protection and investment treaty arbitration
• international project finance and infrastructure projects
• boundary disputes
• intellectual property rights
• international environmental and human rights laws
• international anti-corruption laws.

Clients of lawyers practising in the area of international law and trade include commercial entities, sovereign states and state entities, and NGOs. They can act as advocates before specialist courts and tribunals and negotiate with, or on behalf of, states and state entities.

An international law solicitor may advise on a wide range of issues which involve international law.

These could include family law, property law, IP law, immigration law. Other typical areas which an international law solicitor may work in include licensing law, media law, environmental law, human rights law and more.

International trade laws

International trade is more complex than trading within Australia, as you need to know not only about the laws of Australia, but also about the laws of the country with which you are planning to export to or import from. International trade laws may also govern your transactions. You may need to deal with bodies such as customs and other government authorities, banks and financial services, international carriers and quarantine issues.

International trade laws therefore refer to a mixture of domestic laws and public international law that applies to transactions of goods and services across countries. There are various international trade laws and treaties that govern these transactions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) establishes a comprehensive code of legal rules governing the formation of contracts for the international sale of goods, the obligations of the buyer and seller, remedies for breach of contract and other aspects of the contract. There are also international trade laws governing commercial dispute resolution (specifically conciliation and arbitration), international payments, international transport of goods, intellectual property, and electronic commerce.

Specialist international trade lawyers can assist you with the following:

• International contracts
• International payment terms and protection
• Resolving cross-border disputes
• Tariffs and other protective measures
• Customs issues
• International transport
• International Intellectual Property protection
• International Competition law
• Trade law
• Internet Law
• Ecommerce Law

If you would like legal help regarding any aspect of international law and trade, then please complete your free legal enquiry form on the right, or click here.

Further Resources - International Law & Trade Law & Lawyers