International Business Law and Developing World

This assignment delves into the complexities of international business law by examining the contrasting approaches of the United States (with its progressive stance) and China (adopting a more laissez-faire model). The analysis focuses on the impact these differing legal frameworks have on developing countries, highlighting potential benefits and drawbacks. The provided reading list encompasses diverse areas like legal education, user-generated content in travel, business strategy, investment principles, corporate social responsibility, contract law, real-time messaging, organizational behavior, and alternative dispute resolution.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1. Constitution of English legal system and sources of laws...............................................1
P2. Functions of governing bodies in making applications and law of legal law in court.....3
SECTION 2......................................................................................................................................4
P3. (a) Employer's Legal Obligations.....................................................................................4
(b) Results of employment and contract law upon business..................................................6
SECTION 3......................................................................................................................................7
P4. Effective legal method for business issues.......................................................................7
P5. Justification......................................................................................................................7
SECTION 4......................................................................................................................................8
P6. (a) Concepts and merits of using alternative dispute resolution process.........................8
b) Recommending alternative legal solutions to the following business problem.................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Legislation has various rules and regulations which have been enacted by legal
authorities for establishing an environment free from any discrimination and crime. There are
different number of laws and norms which were introduced by government for the overall
corporate world. Therefore, business law is the cluster of regulations which have to be followed
by small and big organization in smooth running of business operations and functions in an
appropriate manner. Generally, the report is divided in different parts for highlighting power and
rights of employees and employer within an enterprise (Bagley, 2010). The main purpose of this
report is to explain the significance of rules which were amended by governing authorities for
entire world of corporate. This will describe different employment acts which help in particular
study. Along with this, report is throw additional light on accurate structure of judicial bodies
and methods of decision making process. At the end, it will show the superior role of workers
which help at the time of success of firm by performing their effective job profile.
SECTION 1
P1. Constitution of English legal system and sources of laws
Constitution will think that European legal structure that are enlarging in large number of
nations which consisting former English colonies. English legal system is one of the major
features of this system is that it is belief legal preceding where magistrate is free to make
judgement regarding various court. It states that this covers various laws which are related to
society and executed for protecting several communities or regions. The structure of English
legal system is based on hierarchy where decision of high court is determined as final and all the
lower governance are bind by them. Supreme court follow top calss hierarchy structure and
which is known as lords of house due to taking correct decisions that are made by them (Bodie,
Kane and Marcus, 2014). In the UK, all the courts are hindrance to respect all judgement which
are made by high assembly.
The level structure of court are mainly divided into two segments that are described as
under:
 Civil law- The assembly is to deal with all major conflicts which may arise in among
corporate and business parties, day to day issues, case for any type of damages and
losses.
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 Criminal law- The law is liable for resolving major problems and issues which are totally
against with society that may harm the life of person (Swartz, Cole and Shelley, 2010).
They deal in resolving cases which are related to arrest any criminal and authorities for
conducting cross examination.
Illustration 1: Hierarchical structure of English structure
(Source: Hierarchical structure of English structure, 2017)
 Sources of law- It refers to the development of any rules, beliefs, regulations and norms
which are revised by legal authorities or English legal system in a proper manner.
Various sources of law assist in identifying the reason behind any specific rules and
regulations.
 Statutes- It refers to various acts which are enacted by number of parliaments for
maintaining environment of whole society (Crane and Matten, 2016). For example,
“Employment right acts 1996”.
 Customs- Many people have different traditions, customs and rituals which are related to
their culture which help in determining people religions in a proper manner.
Apart from this, there are various number of sources that are available for enacting better
surroundings for the society and also make a free environment.
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P2. Functions of governing bodies in making applications and law of legal law in court
While making laws for entire country, government will play an important role and
consider correct facts and figures. Statutory laws was enacted by legal authorities and it is
known as bill that are presented in front of legislature members. Proper process should be
followed by legal laws before making any norms and gather required information for creating
bill in an effective manner. It is general assembly which is the highest legislation body in the
United Kingdom and they are liable for investigating and checking government performance.
There are appropriate steps which have to be followed by advisory bodies at the time of making
laws that are as follows: Bill- It is addressed the detailed presentation of law which are divided into three parts
that includes private and public member bills. A bill is designing by cabinet for changing
the rules and regulations of specific country and hidden the modifications by green paper.
The private member bill is being represented by members of parliament. Another is
private bill which proposed by companion of local government and large public firms.
◦ Public bill- It directly effect on whole country which has to be prepared by cabinet
for reforming norms of nation (DiMatteo, 2010).
◦ Private members- Such bills are coinage by backbencher MP.
◦ Private bills- Introduced by local government members, large public organization and
public firms. First reading- In this stage bill heading is read by member of ordinary house. The bill
has been analysed or examined by members of common house. Second reading- The proper negotiation and debates are taken place as per the voting of
members whether bill is going to be preceded or not. Committee stage- At this stage, detailed information examination which presented the
agenda that is taking place for understanding requirement of bill (Spalding, 2011). In this
situation, government is trying to realise the welfare and losses by conducting correct
appraisal in the firm. Report stage- In this, discussion and voting system is going by the house. Further voting
and communication or discussed which is carried out by members of mutual home.
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 Third reading- In this phase, bill is presented in front of house for doing short
negotiation process. It is presented at the front of the house of lords and to the Queen
final Royal Assent.
Illustration 2: Role of government in law making
(Source: Role of government in law making, 2017)
SECTION 2
P3. (a) Employer's Legal Obligations
Success of the company often relies on its employees so, it is necessary for employer to
treat their staff in well manner. It is the responsibility of employer to ensure that basic
employment rights should be provided to employees. In order to protect the interest of
workforce, regulatory authority implement many obligations. Some of these are defined below:
Occupational health and safety act:
This act is related to health and safety of employees at workplace. Main aim of this act is
to prevent workers from hazards on job (Eren and et. al., 2012). It is the base of administrative
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and legislative measures in order to enhance occupational health & safety. This act set some
important principles, rights and duties related to H & S. The basic nature of duties obligatory by
act means wide range of situations are covered and administer considerable flexibility for
employee to identify what requires to be done to abide by. Occupational Health & Safety
Regulation includes legal necessities that should be met by all employers under inspectional
jurisdiction. OHSR's main purpose is to encourage health and safety at occupation and protect
workforce and other individuals from risks related to work. Compliance with requirements
administer a ground on which employers and workers collectively workplace issues related to
health and safety.
Workers compensation:
This act is related to administering medical benefits and wage replacement to employees
who are injured in course of employment (Foss and Knudsen, 2013). This act addresses some
matters such as issuing orders, inspecting workplaces, imposing orders etc. It is a kind of
insurance offered by the firm to its workforce instead of wages, for instance; medical benefits,
allowances on doing extra work, retirement, job security etc. Hence, this act is entirely based on
providing extra income as well as facilities to individuals who are performing their tasks at
workplace. This law lay down obligations on employers to administer safe workplace, provide
adequate assistance of co-worker, give warnings of dangers, administer safe tools etc. so that
employee not feel overburdened and promote & enforce rules related to safe work.
Harassment:
It is the act of parliament of UK. Main aim of this act is to protect workers from
harassment. This act protect all the victims of harassment whatever the source will be- anti social
behaviour, stalking behaviour, racial harassment. This act impose obligation on employer to
treat its workers in fair manner. Major motive of this act is to prevent employees from fraudulent
activities, exploitation and malpractices. So, company needs to provide protection to workers
from any kind of discrimination and harassment that may takes place in the organisation.
Employers need to treat its workforce fairly so that they feel happy (Grundfest, 2010). Firms
should ensure proper implementation of these laws or acts in its business practices so that
workers will not become victims of harassment.
Equal opportunities:
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As per this act, it is necessary for employers to provide equal opportunities to employees
at workplace. The main objective of this act is to promote identification & removal of
discrimination, victimisation, harassment & their causes and to encourage & assist progressive
realization of equality. The firm needs to ensure that no discrimination will take place in the
organisation on the basis of age caste, colour, gender, culture, religion etc. Equal opportunities
must be provided to employees so that they are able to work in better way. Equal salary should
be provided to workers for their work who are working at same level so that they stay satisfied
and motivated.
So, above mentioned are some acts formulated by government, which are necessary to be
followed by employers in order to protect workers from any kind of harassment, discrimination
etc.
(b) Results of employment and contract law upon business
As per the given case study, 16 year old girl is appointed by an enterprise for creating fast
food but while at the time of playing duty she met with accident which is fully neglected by
company manager (Johnson, 2013). She slipped on water leaking from ice making machine due
to head in the went into the deep fat fryer container which consist hot oil and faces several burns
to her left hand. Thus, in the eye of law the entire incident is consider as wrongful and illegal
work that are done by company supervisor manager. There are different illegal work which is
taking place in the business that are discussed as under:
 First mistake of manager is that 16 year old girl which is not eligible for performing jobs
at workplace.
 Second, after appointing another mistake is that there are absence of safety and security
measures at work station which result in severe injury and accident of girl.
 Another phase is that manager is not attentive and act immediately after happening of
incident.
For considering this scenario, it is very important for the firm to follow or use
employment act that is amended by government authorities for protecting employees from any
type of harms. In addition to this, the main objective of employment and contract rules is to
motivate various organization for offering best suitable opportunities to employees that are
performing at workplace. Along with this, legal bodies enacted various number of rules,
regulations, beliefs and norms which is entirely relevant on enterprise (Snyder and Deaux, 2012).
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According to this, injured girl have power to sue manager of the firm and assert indemnity or
problems which are faced by her due to lenient behaviour of employer. At the end, it can be
stated that government authorities have executing different number of laws which protect
employees by keeping equality at work location.
SECTION 3
P4. Effective legal method for business issues
In first premise Calvin is worker who is playing their job in fashion house with three of
his colleagues and in them Donna is supervisor of such employees. One day at the time of arrival
at office place and she checked her petty cash box where she recovered balance in available
amount. After that without any thinking or given notice she terminated Calvin for their
fraudulent practices and blamed him without giving any genuine reason (Kinicki and Kreitner,
2012). As per the law, it is the case of unfair dismissal where workers get fired by company
manager without any suitable reason. This means Calvin have government to sue Donna due to
her illegal act. Accordingly, judicial bodies are various results which are existing for finding
major issues or problems of business that are described as under:
 Gathering relevant facts and figures which help in making business better
 Required to recognise concealed things by appointing research team or past recording
Along with this, it is necessary for Donna is to ensure that unfair judgement cannot taking
place without any discrimination among employees.
Other case study is regarding claim for insurance recovery cost by insurance
organization. In this scenario, kelvin who is father having store which is spoilt due to fire after
that he open another shop in new place and apply for insurance. So that the major purpose of this
case study is to recover the wastage cost from firm and they try to get large amount of money by
displaying correct facts and figures. In addition to this, Dan is try to settle his issues or problems
of the tribunal by solving major issues in limited minimum time period without making money.
P5. Justification
According to given case study all the above solutions which is described is very much
appropriate and useful in resolving business issues because it considers relevant facts and figures
while solving problems (Swartz, Cole and Shelley, 2010). In case of Calvin his supervisors
Donna perform wrongful act which may hamper his overall work as well as affect his life.
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Therefore superior of Calvin needs to get aware about the hidden issues by implementing
effective plans and policies as well as essential to ask questions to other employees also whose
are working with Calvin at work station.
On contrary to this, in another case father of kelvin is also trying to resolve their cases out
of the court for saving money and try to acquire maximum amount of claim from insurance
company for their recovery.
Thus at the end as per above assessment it has been understood that solutions which is
adopted by both the case study is very much appropriate and suitable in resolving their issues or
barriers faced by them.
SECTION 4
P6. (a) Concepts and merits of using alternative dispute resolution process
Alternative Dispute Resolution is an effective process of resolving conflicts that takes
place between two parties. This process is used by many organisations and countries and is
consider as an external way of eliminating obstacles. As per this method, organisations resolve
issues by the help of intermediary (Mann and Roberts, 2011). When 2 or more individuals
collectively execute business, conflicts may arise. In this situation, two options are available,
either solve issues on personal basis or go outside in court. When they go court, various legal
formalities needs to be fulfilled and huge amount of money is required. In order to avoid all
these, employers now use an alternative solution of resolving problems as it consumes less time
and money. Alternative dispute resolution is the process of setting disputes without legal
proceeding such as judgement, intermediation and negotiation. It is that procedure which is
usually less costly and more time saving. They are enhancing for using in disputes which can
result in challenge that includes personal injury, divorce activities, high level labour conflicts.
Alternative solution to issue consist of conciliation, negotiation, mediation and
arbitration. All these techniques assists in resolving issues in effective way and managing healthy
business practices. In arbitration, voluntary party is involved in order to resolve issues among
individuals and some relevant figures and facts are considered. In conciliation, solutions are
searched by both the parties so that both stay happy. Mediation includes existence of third party
to solve problems by finding out the root cause of it. In negotiation, both the parties solve issues
by their own. There is no involvement of third party (Siedel and Haapio, 2010). The main
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reasons behind using alternative solutions is that it protects the reputation of employer and it also
saves time and cost of firm. Use of these solutions assists in maintaining healthy relations among
employers and workers.
Types of Alternative disputes resolution:
 Arbitration
 Mediation
 Negotiation
 Conciliation
 Collaborative
 Conflict resolution
Benefits of using alternative dispute resolution process:
 It is an effective method use to resolve issues in less period of time.
 It saves unnecessary wastage of money which is incur in completing legal formalities.
 Assists in finding effective solutions to problems without disclosing issue among other
people.
 Application of these techniques assists in maintaining healthy relationship between
employer and employee.
 It protects the reputation of firm as well as employer.
 It lower the cost and less complex
 Flexibility of process for controlling and determining parties of the conflicts
 This method is confidential and hard to understanding
b) Recommending alternative legal solutions to the following business problem
According to case study Tyrell and Antwon they both are business partners and from few
days their terms are not good due to which their business is also facing problem. They both try to
solve itself but they were not succeed (Nichols, 2012). After not getting solution they have two
options, they thought to approach third party as intermediator in their matter or go for judgement.
Intermediator will help them to resolve their query and improve their business. To come at
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particular decision a contract can be initialled by them. Written contract will more legal as
compared to oral terms and conditions.
In following condition that Antwon and Tyrell are doing business for long time period.
At the time of this course of operation, the issue were arises that are taking for long for solving.
It is create issues between both parties and hamper the functioning of an organisation. It has been
suggested that both fear and threats can go for doing arbitration process where parties involves
for achieving best suitable way.
Arbitration option can also be opted by company. In comparison of both the options
arbitration option consumes more time and cost. If option of mediator is opted then there are
chances that they get quick solution to their problem with less expense. If they use option of
mediator then will get following benefits:
 This will help in growth of their business.
 Analysis of all the alternatives and come up to best solution.
 Court procedure needs more time so there is loss of work.
 As mediator is skilled and experienced person so it will be worth for both the parties.
 If conflicts get resolved smooth running of organisation is possible.
 Cost and time effective (Robson, 2010).
 As mediator is an unbiased person so there are no chances of partial decision.
 Confidentiality is the most important component for any business. Through opting this
option confidentiality will also maintain.
From the above discussion, it is beneficial to adopt the option of mediator rather to file a
petition.
CONCLUSION
As per the above mentioned report, it can be concluded that legislation has various rules
and regulations which have been enacted by legal authorities for establishing free environment
from any discrimination and crime. There are different number of laws and norms which are
introduced by government for the overall corporate world. It is one of the major features of this
system that it is belief of legal preceding where magistrate is free to make judgement regarding
various courts. Statutory laws which was enacted by legal authorities and it is known as bill that
are presented in front of legislature members. Success of company often relies on its employees
10

and so, it is necessary for employer to treat their staff in a well manner. In addition to this, the
main objective of employment and contract rules is to motivate various organization for offering
the best suitable opportunities to employees that are being performed at workplace.
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REFERENCES
Books and Journals
Mann, R. A. and Roberts, B. S., 2011. Smith and Roberson’s business law. Cengage Learning.
Nichols, P. M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49(2) pp.325-368.
Robson, R. A., 2010. Crime and punishment: rehabilitating retribution as a justification for
organizational criminal liability. American Business Law Journal. 47(1). pp.109-144.
Siedel, G. J and Haapio, H., 2010. Using proactive law for competitive advantage. American
Business Law Journal. 47(4). pp.641-686.
Snyder, M and Deaux, K., 2012. Personality and social psychology. In The Oxford handbook of
personality and social psychology.
Spalding, A. B., 2011. The Irony of International Business Law: US Progressivism, China’s New
Laissez Faire, and Their Impact in the Developing World.
Swartz, L. B., Cole, M. T and Shelley, D. J., 2010. Instructor satisfaction with teaching business
law: Online vs. onground. International Journal of Information and Communication
Technology Education (IJICTE). 6(1), pp.1-16.
Ye, Q and et. al., 2011. The influence of user-generated content on traveler behavior: An
empirical investigation on the effects of e-word-of-mouth to hotel online bookings.
Computers in Human Behavior. 27(2). pp.634-639.
Bagley, C. E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy. American
Business Law Journal. 47(4). pp.587-639.
Bodie, Z., Kane, A. and Marcus, A. J., 2014. Investments, 10e. McGraw-Hill Education.
Crane, A and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L.A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Eren, S. S and et. al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
Foss, N. J. and Knudsen, C. eds., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Grundfest, J. A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer. pp.361-394.
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Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
Purpose. Del. J. Corp. L. 38. p.405.
Kinicki, A and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Online
Alternative dispute resolution (ADR). 2017. Available through
<https://www.citizensadvice.org.uk/consumer/alternative-dispute-resolution/settling-out-
of-court/>.
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