International Business Law: Criteria, Issues, and Research Techniques

This report discusses legal research criteria, issues, and research techniques in international business law. It includes a literature review on alternate dispute resolutions and their implications in international trading. The report also covers the diversity of research methods used in socio-legal studies and the ethical dimensions of socio-legal approaches. The research proposal aims to assess the importance of alternate dispute resolutions in international business.

International Business
Law

Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
A.C 1.1 Criteria to conduct legal research...................................................................................3
A.C 1.2 Outline key issues in the proposed research..................................................................5
A.C 1.3 Recognise the implications of the tension between different research methodologies..5
A.C 1.4 Assess the diversity of research methods used in socio-legal studies............................6
A.C 1.5 Critically identify ethical dimensions’ strengths and criticisms of socio-legal
approaches...................................................................................................................................6
A.C 1.6 Critically assess features of the blackletter approaches to doctrinal legal research.......7
TASK 2............................................................................................................................................7
A.C 2.1 Conduct literature review and complete the research proposal.....................................7
A.C. 2.2 Select a suitable research technique to analyse data...................................................10
A.C. 2.3 Use research tools to gather and analyse data.............................................................10
A.C. 2.4 Present conclusion and justify your research..............................................................11
TASK 3..........................................................................................................................................12
A.C. 3.1. Assess the legal and ethical consideration of data management copy right reciprocity
and trust and conflict of interest while conducting research.....................................................12
A.C. 3.2. Analyze the use of bibliography and referencing systems to assure quality of data
handling.....................................................................................................................................13
CONCLUSION..............................................................................................................................15
REFERENCES..............................................................................................................................16

INTRODUCTION
The international business legislations are the practice of the law in a global business
community. When the business trade or conduct its commercial activities on the international
level which involves exchanging goods and services between two of the parties who belongs to
different countries, it is subject to make compliance with the international law so that harmony is
maintained among the different states and common law is shared among them. The law mainly
includes the focus on the economies, international commercial transactions, tariffs, licensing and
the taxes. While trading internationally, there are many issues which are faced by companies
relating to law such as tax, employment related, labour matters, etc. The legal research is being
carried out in order to identify the scope and criteria of the research which pertains to legality so
that the important issues can be identified and business operations can be carried on smoothly1.
This report is based on legal research includes approaches and criteria to conduct the legal
research, performance of literature review and apply to research techniques in order to analyse
and gather data and quality issues which are present with data handling.
TASK 1
A.C 1.1 Criteria to conduct legal research.
A legal research can be referred to as the process which involves identifying and retrieving
the information which are necessary to support the legal decision making. It involves each of the
step of the course of action which begins with analysing the facts of the problem and also
concludes with an application as well as communication of results of investigation. The elements
of the research include the following-
 Identify legal preposition for conducting the legal research.
 Bringing solution to the research problem.
 Checking the authority and authenticity of the resources.
 Analysing the resources which are collected.
 Taking the authentic resources and citing correct judgement.
 Identify the correct legal issue in question.
 Preparation of correct arguments which are backed by right legislations and case laws.
1 Landry R, 'Empirical Scientific Research And Legal Studies Research-A Missing Link' (2016) 33
Journal of Legal Studies Education

 Gathering the non-legal resources for the supporting or investigating information.

A.C 1.2 Outline key issues in the proposed research
At the time of developing a research proposal there are several issues which are being
faced. These issues are associated with minimising efficiency of the research which leads to
develop not so appropriate results. The major issue within research is related with time barrier as
this is stated that due to minimum availability of time all the dimensions within research cannot
be undertaken which may lead to generate slow results within research and research proposal as
well. On the other hand, other issue is linked with minimum availability of research resources, as
in context of developing research proposal some of the factors associated with research may not
be obtained by researcher due to shortage of resources. On the other hand, another issue is
related with selecting research methods which is to be selected by researcher. In this manner
selection of research methods is required to be defined in effective manner. Besides this
preparation of research questions is also generating issues in research2. This is examined that in
the context of research these key issues are providing negative results within and may lead to
develop delays. These issues are required to be mitigated so that to attain prominent results out
of results and to develop prominence as well.
A.C 1.3 Recognise the implications of the tension between different research methodologies
There are various research methodologies which are used within research in order to gain
sufficiency as well. In the similar manner these methodologies may have significant issues and
tensions. Implications of these research methodologies are associated with directly with research
results. Qualitative research is a type of research methodologies which can be used by researcher
in order to get appropriate and in depth information regarding research topic. In this manner
qualitative research methodologies are not providing statistical results and information as well
which means that when researcher is using qualitative research methods then researcher will not
be able to collect statistical results and data as well. On the other hand, another research
methodology is quantitative research which means that overall research is executed in statistical
manner. This method is beneficial for such researches which are having specific edge in relation
to gaining statistical information in such a way that overall research results can be examined.
Under this research methodology in depth information cannot be exerted which means that using
2 Fry E, 'Practical Legal Research And The Legal Practice Course' (2017) 5 Legal Information
Management.

such research methodologies researcher may take out statistical results which is helpful in
drawing significant results.
A.C 1.4 Assess the diversity of research methods used in socio-legal studies
There are significant methods which are used within researches of socio-legal studies.
Law is one of the important element which helps various organisations to manage their functions
in effective manner. Socio-legal research is comprised of analysing theoretical and empirical
analysis which are in the nature of law and legal processes as well. Socio-legal studies are also
associated with historical movements in which process of decision making can be exerted. There
are two major methods which can be used in socio-legal studies such as qualitative and
quantitative. Using quantitative methods statistical information can be gathered which leads to
develop appropriate insight related with gaining research results. This is analysed that there are
various results that can be inhaled by using quantitative methods which leads in developing
appropriate results3. This is said that using quantitative methods statistical results can be obtained
which is helpful in attaining research objectives in appropriate manner. Socio-legal studies are
associated in gaining lawful outcomes which are providing significant results so that to gain such
results and to acquire prominence as well. Besides this qualitative research method are used
which are leading to develop in-depth information regarding research topic. These methods are
used within socio-legal studies and helps researcher to frame appropriate results regarding
research topic.
A.C 1.5 Critically identify ethical dimensions’ strengths and criticisms of socio-legal approaches
Socio-legal approaches are associated with developing laws and appropriate approaches
so that in significant manner. Ethical dimension is having major role in research and gaining
research objectives. Using approaches linked with socio-legal aspects is required to upkeep
ethics and in first manner this is significant not to reveal identity of respondents so that to
provide trust to them. Besides this criticism against the same is that people may say some aspects
which are not appropriate and may hamper image of the respective party as well. Besides this
other ethical dimensions linked with socio-legal approaches are that participants should not
receive any harm during conducting the research4. These are the approaches which are required
3 Arup C, 'Research Assessment And Legal Scholarship' [2015] Legal Education Review.
4 Putman W, and Albright J, Legal Research (2015).

to be undertaken by researcher so that to gain appropriate results and to provide significant
benefits as well. Socio-legal researches are executed in differential manner as they are
undertaking specialised aspects as well which are associated with gaining research results.
A.C 1.6 Critically assess features of the blackletter approaches to doctrinal legal research.
The doctrinal research is defined as the detailed and the highly technical commentary and
the systematic exposition of context of the legal doctrine. It is the blackletter methodology which
focuses on letter of law instead of law in action. It focuses on statutes, case laws and many other
legal sources. It is different from many other methodologies as the pure doctrinal approach is
something which makes no such attempt in order to look at an effect of law or as to how it is
applied rather it examines the law as the written body of the principles that may be discerned and
also analysed by using only the legal sources. some features of its blackletter approach includes
the following-
 The doctrinal analysis is the starting point of legal research. It encompasses any form of
the pure legal analysis which includes history of legislation and what was earlier the law
and what it is now.
 This approach does not focus on application of law but makes analysis of law in terms of
internal consistency. It does not focus on where law is evolving or uncertain.
 It is the source based research and it is unusual to undertake the quantitative and
qualitative research under doctrinal methodology. It focuses on traditional legal sources
like case law5.
TASK 2
A.C 2.1 Conduct literature review and complete the research proposal.
Research Proposal
INTRODUCTION
The international business transactions are a kind of deal between the parties from one of the
varied countries. These business transactions include the leases, sales, investment, licenses, etc.
The international business law can be referred to as the practice of the law in the global
community of business. It helps in regulating the functioning of the international trade and
commerce so that there is harmony and peace maintained among states and parties by following
5 Smith-Butler L, 'Cost Effective Legal Research' (2016) 18 Legal Reference Services Quarterly.

common law. The research title, aims and objectives are as follows-
Research Title:
To assess the importance of alternate dispute resolutions in the international business.
Research Aim:
To determine the role and importance of the ADR in international business conflicts.
Research Objectives:
 To identify the meaning and role of ADR in international business
 To examine the importance of ADR in contrast to judicial courts in international business
conflicts.
 To understand the implications of ADR in the international trading.
LITERATURTE REVIEW
To identify the meaning and role of ADR in international business.
According to Michael F. Hoellering, 2021, ADR is one of the best dispute resolution which
involves out of court settlement wherein controversies can be resolved without interference of
the courts. The utilization and existence of the ADR is to resolve the international commercial
dispute which have also hastened growth of the world trade.
To examine the importance of ADR in contrast to judicial courts in international business
conflicts.
As per Adam Hayes, 2021, ADR and Judicial court system are two distinct systems which plays
common role of resolving the dispute but their working is distinct from one another. For
instance, in ADR, there is early claims and decisions being brought which involves less time to
resolve the dispute while in court system, it takes lengthy procedure to bring the decision that
may affect the international business and its brand value. Another point of difference is that ADR
are cost effective method while judicial court system takes more cost, time and effort to bring the
decision or end to the international business conflicts. When a dispute is arisen in international
trading, the parties can resolve the dispute by having flexibility to adopt the law of any of the
country so that there is peace being maintained among them while in court system, the parties
face issues in the law which is going to govern their international6.
To understand the implications of ADR in the international trading.
From the perspective of O. Thomas Johnson Jr. 2015, the international law recognizes the
6 Haines M, 'Legal Research Training: Moving The Bar' (2010) 10 Legal Information Management.

alternate dispute mechanism which can help in brining solution to the issues in time and cost
effective manner. The international trading appeals the parties to firstly move to these
mechanisms in order to bring speedy disposal of cases. As it is also cost and time effective
mechanism, so opting for the ADR in the international trading can help in saving cost of business
and time which may affect the profitability of the firm and its goodwill in international market.
Moreover, the disputes can be settled in a confidential manner which can protect the good will of
companies dealing in international trade.
RESEARCH METHODOLOGY
It is the method which is used in conducting the research. There are different types of data
collection methods which includes the following-
 Qualitative: It is the collection of data which is in non-quantified manner wherein the
information is collected in narrative form. It describes the characteristics and qualities.
 Quantitative: It involves collecting the numerical data so that the information gathered
can be interpreted and analysed in a numerical form. The researcher tries to quantify the
problem and addresses how many and what aspects of research question7.
For this research, qualitative research is being used so that narrative information can be
gathered.
Types of research methods:
 Primary: It involves collecting such information which is not yet being collected by
anyone. It is the first hand information.
 Secondary: It is collection of the already collected data which is used by researcher with
an aim that it will save its time, cost and effort.
For this research, secondary research will be opted so that existing data can be used in order to
achieve the research aims and objectives.
A.C. 2.2 Select a suitable research technique to analyse data
Data analysis is being defined as the process that is concerned about analysing
information to check whether the gathered information is reliable or not to attain pre-defined
objectives. Analysis of data is a crucial driver because it assists in successful completion of the
7 Tuckwell C, 'Law Firm Legal Research – What Trainees Need To Know' (2016) 10 Legal Information
Management.

whole research. The present investigation is based upon quantitative research and secondary
research. The current research has chosen secondary sources to gather data such as books,
newspapers, journals, articles, magazines, publications etc. Analysis of information is analysed
so that objectives could be attained effectively and efficiently. There are two types of data
analysis that are: frequency distribution analysis and thematic analysis. Frequency distribution
analysis is used when research is based upon primary and quantitative research. This only
focuses on examining reliability and validity of numeric information. Thematic analysis is about
evaluating and examining non-numeric and secondary data. This is useful analysis when
investigation is dependent upon evaluation of text and theory data.
In the current qualitative research, investigator has selected thematic analysis. Thematic
analysis is about analysing qualitative information. It put emphasis on determining, interpreting
and analysing patterns of meaning within qualitative information. It assists in identifying patterns
of themes for research aim and objectives8. The main motive of taking thematic analysis in the
present research is identifying patterns across a dataset to offer an answer to every question
being answered and addressed. Patterns are determined by rigorous procedure of information
familiarisation, theme revision and development and data coding. Thematic analysis is done by
reading every information gathered or collected.
A.C. 2.3 Use research tools to gather and analyse data
Data collection is referred as the procedure of gathering, examining and measuring
appropriate insights for investigation using standard validated tools and techniques. A research
could easily gather information through types of data collection. It is the procedure that uses
systematic way to collect information in proper and timely manner. The main crucial goal and
objective of the data collection is to ensure that data is reliable and rich. There are two types of
data collection that include: primary and secondary data collection. Primary data collection is
defined as the process of collecting information directly from the source. In this primary data is
collected which clearly means that this kind of data is taken out for the very first time. For this
survey, interview, questionnaire is conducted. On the other hand, secondary data collection is
about collection of data that is already gathered by someone else and it is easily available on
different platforms. Internet has made collection of secondary data very easier and convenient.
8 Laidlaw T, 'Lexisnexis Legalweb – Online Sources For Learning Legal Research' (2017) 10 Legal
Information Management.

The secondary sources include: books, articles, newspapers, journals, publications, already filled
surveys and conducted interviews etc. Secondary sources assist in analysing, assessing and
interpreting historical phenomenon.
In the current investigation, secondary sources are used in the current research because it
assists in carrying out information that is already carried out. The secondary sources has helped
researcher in taking out appropriate information according to the requirement of investigation. In
the current investigation, investigator uses books, journals, newspapers, articles, publications etc.
Collection of secondary data helps researcher in saving time because this is the data that is
already published9.
The current research has selected qualitative research choice in the place of quantitative
research choice. Qualitative research choice is about collection of information that is not present
in non-numerical format and it assists in taking out in-depth information about the topic. On the
other hand, quantitative research is not selected because it is about collection of numeric data
which is not required in the current research. Qualitative research is great because it focuses on
understanding information about the whole topic in effective and efficient manner.
A.C. 2.4 Present conclusion and justify your research
From the above gathered data it is summarised that research methods are very important
because it helps in apt collection and analysis of data in appropriate and systematic manner. The
different methods of research have been used in the current research so that objectives could be
easily attained. The methods of research available so that proper collection and analysis of
information could be done. The current research is based upon qualitative research because it is
believed that this kind of information is easily available because it is available through internet.
Qualitative research is identified as the procedure of gathering, interpreting and examining data
that is of non-numerical nature10. The investigation has shown dependence on secondary sources
because it easily available and saves the time of investigator. The current research has used
secondary sources like books, journals, publications, websites, information by government
sources etc. The researcher has shown dependence on secondary sources so that time could be
saved and no requirement of high cost. It is concluded that secondary data collection is more
effective in comparison to primary data collection because it helps in filling existing gap in
9 Bell J, 'The Future Of Legal Research' (2012) 12 Legal Information Management.
10 'Jamail Center For Legal Research - News Release' (2014) 22 International Journal of Legal Information.

already published data. Therefore, it could be said that research methods are quite important for
attaining objective in effective, efficient and timely manner. Analysis of data holds great
importance in the whole research because it highlights the reliability and validity of gathered
data. Thematic analysis is great way to analyse qualitative data to find authenticity and validity.
This aims at attaining objectives in systematic and proper way. Therefore, methods of research
are very significant to attain objectives. The qualitative research, secondary data collection and
thematic analysis are great methodology to gather valid and authentic information to meet
defined objectives and goals.
TASK 3
A.C. 3.1. Assess the legal and ethical consideration of data management copy right reciprocity
and trust and conflict of interest while conducting research
There are various legal and ethical considerations of data management copy right
reciprocity and trust and conflict of interest while conducting research such as ethical issues of
personal or biometric data is one of the legal and ethical considerations which means that
personal data can also be vague or irrelevant which can highly create the ethical issues in
research work. Legal issues such as IP rights is an another legal and ethical consideration which
means that the data used in the research is restricted via IP rights then it can highly create the
legal issue if same data is used in some personal or public research work. Commercial interests
or patents is also one of the legal and ethical consideration which means that the data used in the
research work must be of reliable nature along with the patented and direct or indirect
commercial interest. Security issues for organizations or countries is also an another legal and
ethical consideration which means that data security is essential when used in some legal work
because it contains the relevant approval for the same11.
There are various strategies for handling sensitive data discussed above are such that that
obtaining ethical approval is one of the strategy for handling data which means that justification
is required of the data used in research work which can be gained through research ethical
approval for the same. Complying with data protection legislation such as GDPR is an another
strategy for handling data which means that the data used in the research work are somehow
private also in some cases and that is needed to get protected via general data protection
11 Bell H, 'Research In Progress In Legal History' (2016) 18 The American Journal of Legal History.

regulations act12. Informed consent is also one of the strategy for handling data which means that
some data used is highly protected which means that it cannot be used further but informed
consent can help in such situation. Anonymization is also an another strategy for handling data
which means that it relates with the data privacy protection which the researcher wants that the
primary data collected must not be used by somebody else as their own original work. Controlled
access is one of the strategy for handling data which means that the data in research work must
have the access control for better protection of it. Licensing is an another strategy for handling
data which means that the research conducted should have the proper licensing in order to
maintain the legalities with the information provided in the investigation conducted. Secure
storage is also an another strategy for handling data which means that the research work
conducted must be highly authenticated and authorized which requires the secure storage for the
same13.
A.C. 3.2. Analyze the use of bibliography and referencing systems to assure quality of data
handling
Bibliography and referencing systems are highly important to use in the research work in
order to assure the quality of data handling in several ways such as attribution serves as a fact-
checking tool is one of the use of bibliography and referencing systems to assure quality of data
handling which means that it tells the reliability and relevancy of data used in the research work
that how much it is authenticated and acknowledged14. Citation makes a better researcher is an
another use of bibliography and referencing systems to assure quality of data handling which
means that an investigator will prove proficient in their domain if they use proper citations with
the help of referencing systems and bibliography. Good citation practices make the better writer
is also one of the use of bibliography and referencing systems to assure quality of data handling
which means that using the accurate sources of data makes the good writer because of the quality
of content. A good bibliography shows off the scientific knowledge is also an another use of
bibliography and referencing systems to assure quality of data handling which means that it
provides more of the practical knowledge and factual data in a meaningful manner. Citation
enables better verification of the work is an another use of bibliography and referencing systems
to assure quality of data handling which means that the work accomplished in the name of
12 O'Neill C, Legal Research (Nolo Press 2018).
13 Wren C, and Wren J, The Legal Research Manual (Legal Education Pub 2016).
14 Jacobstein J, Mersky R, and Dunn D, Legal Research Illustrated (Foundation Press 2011).

research gets properly verified so that the content written could be believed and makes sense
with the research topic15.
15 Elias S, and Levinkind S, Legal Research (Nolo 2017).

CONCLUSION
It is concluded that alternative dispute resolution is an important concept to learn and
understand so that its applications can be applied in the real world situations. This is because,
this process helps the organizations and an individual circumstance as well in order to resolve the
conflicts arising between parties or groups. The report is all about the international business law
in context of the alternative dispute resolution. Therefore, it is important to analyse the
importance of alternative dispute resolution in the international business. It is essential to
examine the role of alternative dispute resolution in international business conflicts. It is
necessary to determine the concept of alternative dispute resolution in international business. It is
significant to gain the knowledge about importance of alternative dispute resolution in contrast to
judicial courts in international business conflicts. It is crucial and vital to assess and investigate
the implications of alternative dispute resolution in the international trading. Hence, this report
covers all such areas in order to better understand the conception of alternative dispute resolution
and the research conducted on the basis of legal issues and socio legal studies along with the
ethical and legal considerations on data handling by specifying the bibliography and referencing
systems to assure quality of data handling.

REFERENCES
Books and Journals
Arup C, 'Research Assessment And Legal Scholarship' [2015] Legal Education Review
Bell H, 'Research In Progress In Legal History' (2016) 18 The American Journal of Legal History
Bell J, 'The Future Of Legal Research' (2012) 12 Legal Information Management
Elias S, and Levinkind S, Legal Research (Nolo 2017)
Fry E, 'Practical Legal Research And The Legal Practice Course' (2017) 5 Legal Information
Management
Haines M, 'Legal Research Training: Moving The Bar' (2010) 10 Legal Information Management
Jacobstein J, Mersky R, and Dunn D, Legal Research Illustrated (Foundation Press 2011)
'Jamail Center For Legal Research - News Release' (2014) 22 International Journal of Legal
Information
Laidlaw T, 'Lexisnexis Legalweb – Online Sources For Learning Legal Research' (2017) 10
Legal Information Management
Landry R, 'Empirical Scientific Research And Legal Studies Research-A Missing Link' (2016) 33
Journal of Legal Studies Education
O'Neill C, Legal Research (Nolo Press 2018)
Putman W, and Albright J, Legal Research (2015)
Smith-Butler L, 'Cost Effective Legal Research' (2016) 18 Legal Reference Services Quarterly
Tuckwell C, 'Law Firm Legal Research – What Trainees Need To Know' (2016) 10 Legal
Information Management
Wren C, and Wren J, The Legal Research Manual (Legal Education Pub 2016)