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Addressing International Legal And Ethical Issues Memorandum

1568 words - 6 pages

Certain legal and ethical issues may arise when conducting business outside the United States. Some companies may not be as resourceful with various contracts when dealing with companies internationally. When a U.S. company enters into an agreement with a company located in another country, the company must consider the rules and regulations of not only that particular country but others as well. A second factor would be a U.S. company must take into consideration that when legal, ethical and cultural issues arise many need to answer the question does the result end up in not doing business. The second factor is both companies must ensure the contract is legally acceptable and bound. The contract must protect the company's interest in the foreign country against all eventualities, given that possible disagreements and disputes are common in international trade (University of Phoenix, 2005). As it will briefly outline the simulation in week three involved a breach of contract dispute between Gentura and CadMex Pharma. I will also outline three examples of laws conflicting with cultural practices in their companies today.The dispute between Gentura and CadMex Pharma should be settled by international arbitration vs. Candore Courts. International arbitration is a proceeding in which two public or private entities refer their differences to one or more selected persons which will issue a binding decision. Arbitration is defined as the submission of a dispute to one or more impartial persons for a final and binding decision, known as an "award." Awards are made in writing and are generally final and binding on the parties in the case.Proponents of smokers' rights often claim that the government should not be able to pass smoke-free laws because smoking is a personal choice that falls under the constitutional right to liberty. However, the constitutional right to liberty does not shield smokers from smoke-free legislation (Graff 2008).The Due Process Clause of the Constitution prohibits the government from depriving individuals of liberty without "due process of law. This means that a legislative body must have an adequate justification for passing a law that affects someone's liberty. So, for example, a smoker might challenge a smoke-free workplace law in court if she believes that the law violates the Due Process Clause because it takes away her liberty by stopping her from smoking at work without an adequate justification (Graff 2008).To assess whether a given law is based on an adequate justification, a court will look at the individual and governmental interests at stake. The criteria a court uses become more demanding as the individual interest at stake becomes more substantial. In most cases, courts require that a law be "rationally related" to a "legitimate" government goal. This requirement sets a very low bar for the government: a law will be considered constitutional so long as the law is not completely irrational or arbitrary (Graff...

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