Advanced Contract Law & Negotiation: Analysis of Transnational Law

This essay provides an in-depth analysis of advanced contract law and negotiation within a transnational context. It examines the legal frameworks governing cross-border contracts, the utilization of standard form contracts, and the interpretation of both standard and individually negotiated terms. The essay further discusses the ethical and cultural considerations essential in transnational contractual environments, addressing challenges such as illicit drugs, refugees, and trafficking in persons. It also touches upon the philosophical perspectives on transnational law, emphasizing the need for ethical and culturally aware negotiation practices. The document concludes by highlighting the importance of continuous professional development in adapting to the evolving landscape of international contract law and economic progression. Desklib offers a platform to access this and other solved assignments for students.

Running head: ADVANCED CONTRACT LAW & NEGOTIATION
Advanced Contract Law & Negotiation
Name of the Student
Name of the University
Author Note

1ADVANCED CONTRACT LAW & NEGOTIATION
Introduction
Now a day’s law work beyond boundaries across nation and state where they are being
followed by many nations. There is community for merchants who work across the border and
make some regulations that helps to bind effectively in legal bindings that regulates their
dealings. European country has seen that most of their laws or regulations have not come from
their own country rather they have come from nations across the world in whatever countries
they had a trade connection with1.
Introduction
Law relating to trans-national contractual terms
Now a day’s law work on the far side boundaries across nation and state wherever they're
being followed by several nations and there's community for merchants World Health
Organization work across the border and build some laws that helps to bind effectively in legal
bindings that regulates their dealings. European country has seen that the majority of their laws
or laws haven't come back from their own country rather they need come back from nations
across the planet in no matter countries that they had a trade reference to. Law concerning trans-
national official document terms Criminal justice internationally many and lots of claims to
achieve bent notice. Judges drew from the unrelated nation foundation to seem as international
judicial community. Conventions certified by jurisprudence prove privileges and duties for
people in cross-border affairs. Agency of human rights instruments carry legal ideas round the
1 Affolder, Natasha. "'Transnational Carbon Contracting: Why Law's Invisibility Matters'."
(2017).

2ADVANCED CONTRACT LAW & NEGOTIATION
world, new expectations created of rights and protections not restricted to state borders. For
innumerable scholar, a recent expression has appeared needed to purpose towards recent lawful
influences, relationships, regimes, controls, doctrines, and systems that unit of measuring state
law however, equally, don't seem to be absolutely at a lower place the management by extended
description of the ability of jurisprudence. The new phrase is “Transnational law,” sometimes
bring into play however rarely created public with an outsize quantity of accuracy2. Over and
every one another time, the term refers to any space of jurisdiction across country limitations, so
folks, business, public or non-public organization, and institute unit of measuring addressed or
throughout a line packed with parameter originating external territorial jurisdiction of the country
throughout that they're placed, or perceive or existent by authorities outside to that. Sometimes, it
refers to parameter assured neither by country agencies, nor by worldwide legal organization or
instruments like agreement or gathering. At times, it signals the vicinity for law not however
(completely) existing except for that a requirement is felt in across the border interactions. The
scope and use of trans-national traditional are kind of contracts.
The scope use and use of trans-national standard form contracts;
The worldwide legal representatives said in writing that the law of management actions
rises on the far side of national frontiers. In his sight, national and jurisprudence would be a
region of it up to presently as there unit of measurement effects, and it ought to influence each
community (country & governmental) and personal (nongovernmental, public society) actors3 .
On the opposite hand, varied writers treat law of countries as conceptually distinct from state and
2 Smith, Emma Jane. "Guilty of using Google: Reconciling the right to a fair trial with the right
to freedom of expression and addressing juror misconduct in the age of social media." (2014).

3ADVANCED CONTRACT LAW & NEGOTIATION
world law as a results of its chief sources and addressees unit of measuring neither country nor
state agencies nor world institution established on treaties or gathering, however personal
(person, business, or cooperative) actors concerned in mediation. Another argument is on
whether or not or not or not matter or methodology ought to run stress to the law of countries
initial and foremost created from laws be applicable directly across nationwide boundaries, it's
for the foremost parameter and is harmonious in linking substantive policy which might diverge
between countries. Later the advise to a college of thought approach be acquainted with and
defend legal distinction however smoothing communications between system. Its main centre of
attention is sensible. The substantive approach, by compare, might visualize convergence in
parameter, a possibly philosophy begin throughout that la w of countries aims at a gradual
increase of legal standardization across nationwide boundaries, and moves toward a “globe rule”.
Perhaps many voluminous, it would imply stress on that authoritarian rule evoke consistency
across restricted international functioning subject4.
Thus basic problem about transnational law stay.
First, will this commandment still believe totally on state law and jurisprudence (the
second sustain by recognizing the independence of country), or will it involve a replacement
3 Smith, Emma Jane. "Guilty of using Google: Reconciling the right to a fair trial with the right
to freedom of expression and addressing juror misconduct in the age of social media." (2014).
4 Plener Cover, Aliza. "Hybrid Jury Strikes." Harvard Civil Rights-Civil Liberties Law
Review 52.2 (2017).

4ADVANCED CONTRACT LAW & NEGOTIATION
association between regulation and country, in that some foundation of regulation presently exist
entirely outside the state power.
Second, if law management mediation, unit of measuring these notably the relations of
persons, business, and relations in civil society or, as Jessup thought, will it besides cuddle
relations concerning state and governmental organization. In several words, it's centrally
international personal regulation, and not a slim conception5.
Third, is law constructing a replacement regime (or establishment) of substantive law
active aboard country law and not procedural, synchronizing law, that's connecting country and
totally different lawful institution to serve international set of connections. It points toward a
gradual international consolidation of law, it mustn't keep an outsize show of interconnect,
sometimes contradictory, restrictive institution. On the opposite hand, areas of recognized or
developing guideline sometimes connected with law will with no drawback be listed.
Use and interpretation of both standard and individually-negotiated terms
Disputes – international
Saudi Arabia has made many regulations which are concrete and which has the safety
barricade along with the segments and thus it is discriminated and protect against unlawful
cross-border actions. The places Kuwait and Saudi Arabia has their nautical boundary with Iran
and Saudi Arabia which claim to have Egyptian- managed islands in Tiran and Sanafir
5 Reich, J. Brad. "Inexorable Intertwinement: The Internet and the American Jury System." Idaho
L. Rev. 51 (2015): 389-711.

5ADVANCED CONTRACT LAW & NEGOTIATION
Illicit drugs
On a regular basis enforces the death punishment for drug traffickers, with outsider being
convicted and put to death unreasonably; on the road to recovery anti-money-laundering
legislation and enforcement6
Refugees and internally displaced persons
There are many biduns who are who those of stateless Arabs and are which are not
formally registered when the nationwide borders were recognized, while the people travel to
other places to Saudi Arabia in search of jobs; they have the temporary recognition which must
be performed in every five years and that the civil rights has now even remained limited.Most of
the Palestinians have the legal right to citizenship and some are having the passports so that they
can go to Kuwait in 1990; Saudi women cannot pass their citizenship on to their children, so if
they marry a non-national, their children risk statelessness7
Trafficking in persons
Current situation: Saudi Arabia is a place which is subject to the forced labor and which
is the forced to prostitution for men and women in South and East Asia, the Middle East, and
Africa who voluntarily travel to Saudi Arabia as the domestic servants or the low laborers who
6 Hans, Valerie P., et al. "The Death Penalty: Should the Judge or the Jury Decide Who
Dies?." Journal of Empirical Legal Studies 12.1 (2015): 70-99.
7 Reich, J. Brad. "Inexorable Intertwinement: The Internet and the American Jury System." Idaho
L. Rev. 51 (2015): 389-711.

6ADVANCED CONTRACT LAW & NEGOTIATION
subsequently face conditions of involuntary servitude, including nonpayment and withholding of
passports; some of them are forced to work beyond their contract because of the employers and
visa is granted to some migrant workers who are forced to work indefinitely beyond the term of
their contract because their employers8 and it will not grant them a required exit visa; female
domestic workers are particularly vulnerable because of their isolation in private homes; women,
primarily from Asian and African countries, are believed to be forced into prostitution in Saudi
Arabia
Negotiate complex and specialist agreements
Transnational law in legal philosophy
The legal philosopher is trying to conceptualize the transnational law which is different
from the lawyers. As per Detlef Von Daniels, the concept of the transnational law perspective is
a way which could save the jurisprudence as a philosophical discipline. The stakes in it are high.
The conceptual study of law has been the central to the legal philosophy and the issue is that the
whether the philosophy explanation of law can cope with the new phenomena of transnational
law, or whether it will be ignoring the phenomena which undermines the whole legal theoretical
house of cards that the philosophers have built9.
8 Kreag, Jason. "The Jury's Brady Right." (2017).
9 Silberman, Linda J., Allan R. Stein, and Tobias Barrington Wolff. Civil Procedure: Theory and
Practice. Wolters Kluwer Law & Business, 2017.

7ADVANCED CONTRACT LAW & NEGOTIATION
In the concept of law which has been endlessly disputed in the legal philosophy and led
to embrace the legal transnational law which no longer is taken as the “central case” of being the
state law. As per Von Daniels notes, who states that the legal philosophers now think that the
terms are in nation state law. Irrespective of the internal disagreements their scope of argument is
little. The international law receives an attention in the current literature of legal philosophy.
There are many kinds of phenomena that the authors of transnational law give attention and even
the transnational agencies, institutions, obligations and jurisdictions, can also influence in case of
non state actors related to the creation of the regulation10.
Ethically and with cultural awareness in a trans-national contractual environment
Severally, several things on the inventory are allotted to simple legal classes that are the
civic law, global law, non legal rule. However it is possible that they might see a change of
intervals authorized the background. The list might include worldwide human rights law,
worldwide codification, worldwide trade law, worldwide money law, worldwide environmental
law, regulation of net, worldwide business arbitration apply and to boot the travel regulation of
capitalist communities EU law, the law of the W.T.O, personal self-regulation in travel company
governance code, and travel business or principles. Uniformly accessible is the cluster of
instruction (rule, values, norm, main beliefs, and codes, beside procedures for norm formation,
arbitration, and enforcement) which is recognized by associations, nongovernmental institute,
and human activity organization, besides the “inside” collective rule of travel business and
business assortment.
10 Zalman, Marvin, and Ralph Grunewald. "Reinventing the Trial: The Innocence Revolution and
Proposals to Modify the American Criminal Trial." Tex. A&M L. Rev. 3 (2015): 189.

8ADVANCED CONTRACT LAW & NEGOTIATION
Persuasive arguments in response to the issues and problems posed
The concept of primary and secondary rules is that who thinks as a regime of primary
rules which could amount to law and the theory which would allow the thoughts of these terms,
although Hart did not develop this possibility. Von Daniels argues that the conditions that are not
identified are necessary for primary rules to be identified as law11.
Take responsibility for personal learning and continuous professional development
The contract law in the Country does not change according to the change in the changes
brought in the market. The economic progression is made in the times and this development is a
phenomenon which has also opened new opportunities for all investments and a change in the
bargaining position of countries as market participants. The new market which helps in the
exporting of oil to the Countries and thus there has been a remarkable development in the
bargaining power and thus lead to betterment of the society. Thus it is seen that the International
market has expanded a lot.
New types of transactions and contracts
There are many new types of business transaction that has changed the business
transaction there has been a numerous change in legal forms and contractual patterns. There are
changes in the technology as well as the way the transfer is carried out. The parties have
contracted for the sale which helped in the licensing as well as making the know how contract
where there is a complex technology transfer .These legal patterns are still in use. This has been
11 White, Dillon Michael. Innocent Until Tweeted: How New Media Threaten an Old System, and
a Framework For Fixing American Courts. Diss. University of Minnesota, 2016.

9ADVANCED CONTRACT LAW & NEGOTIATION
replaced by the complex documentation related to contractual schemes as well as complex
schemes of contract made in the whole factories under turnkey or cost-plus contracts and this has
been accompanied not only by licensing and know-how contracts, but also by undertakings for
the training of staff or the management of the factory.
The whole system o complex contracts which was important for civil works and other
contracts of commercial purposes and construction and running of harbors, airports, educational
facilities and whole cities. Thus in this contract and negotiation there should be proper process so
that both the parties entering into contract are well aware of the pros and cons and this has
opened the growth and professional development in drafting of contracts and people are hired for
initiating the contract and negotiation between the parties thus it leads to the continuous growth
and progress of the society.

10ADVANCED CONTRACT LAW & NEGOTIATION
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11ADVANCED CONTRACT LAW & NEGOTIATION
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12ADVANCED CONTRACT LAW & NEGOTIATION
Reich, J. Brad. "Inexorable Intertwinement: The Internet and the American Jury System." Idaho
L. Rev. 51 (2015): 389-711.
Silberman, Linda J., Allan R. Stein, and Tobias Barrington Wolff. Civil Procedure: Theory and
Practice. Wolters Kluwer Law & Business, 2017.
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Proposals to Modify the American Criminal Trial." Tex. A&M L. Rev. 3 (2015): 189.

13ADVANCED CONTRACT LAW & NEGOTIATION