This document provides a listing and overview of various international conventions, treaties, protocols, and Indian laws relevant to conducting international business transactions. It begins by outlining the objectives and contents, which include international conventions/treaties/protocols and brief summaries of environmental, intellectual property, labor, taxation, international trade, and dispute resolution laws. The document then examines specific examples of why understanding these laws is important for different types of international businesses. It proceeds to list numerous international conventions and Indian laws within each of these categories. In closing, it emphasizes the importance of being aware of the various laws that may apply when engaging in international business deals.

1. LISTING OF LAWSLISTING OF LAWS
Indian Institute of Foreign TradeIndian Institute of Foreign Trade
NEW DELHINEW DELHI
3030thth
October 2004October 2004
Presented by
SAMEER RASTOGI
Advocate
www.StudsPlanet.com

2. Listing of LawsListing of Laws
Object: To acquaint the participants with the existence of
various International conventions / treaties / protocols and
numerous Indian laws existing in India. While doing
International business transactions participants may need
to refer any of the convention / treaty / protocol or laws.
CONTENTS
•International convention / treaties / Protocols
•Indian laws
•Brief about Environment Laws
IPR Laws
Labour Laws
Taxation
International Trade
International dispute resolution / Arbitration
www.StudsPlanet.com

3. Listing of LawsListing of LawsWHY ONE SHOULD KNOW ABOUT
INTERNATIONAL LAWS / CONVENTIONS &
DOMESTIC LAWS?
EXAMPLES - 1 AIRCRAFT BUSINESS
EXAMPLES - 2 EXPORT IMPORT BUSINESS
EXAMPLES - 4 MARITIME / SHIPPING BUSINESS
EXAMPLES - 3 MINING BUSINESS
Especially In International Business Transactions
www.StudsPlanet.com

4. Listing of LawsListing of Laws
INTERNATIONAL CONVENTIONS AND
PROTOCOLS
Universal Conventions /
Protocols / Treaty
Regional/Bi-lateral /
Multi-lateral
Conventions /
Protocols / Treatywww.StudsPlanet.com

5. Listing of LawsListing of Laws
Intellectual Property Rights
1. Universal Copyright Convention 1952
2. Berne Convention 1886
3. Patent Cooperation Treaty 1970
4. Nice Agreement
5. Paris Convention
www.StudsPlanet.com

6. Listing of LawsListing of Laws
There are Double Taxation Avoidance
Agreements (DTAA) between India
and other countries. The objects of
these agreements are to avoid double
taxation of the income earned by any
person or company in two or more
countries.
TAXATIONTAXATION
www.StudsPlanet.com

7. Listing of LawsListing of Laws
EXAMPLES
India - USA - dated 20th Dec 1990
India - UK - dated 11th Feb 1994
India - Germany dated 29th Nov 1996
India - China dated 21st Nov 1994
India - Japan dated 1st Mar 1990
India - France dated 7th sep 1994
TAXATIONTAXATION
www.StudsPlanet.com

8. Listing of LawsListing of Laws
ENVIRONMENT LAWSENVIRONMENT LAWS
ANTARCTIC TREATY
VIENNA CONVENTION ON OZONE LAYER
MONTREAL PROTOCOL
BIODIVERSITY CONVENTION
KYOTO PROTOCOL
www.StudsPlanet.com

9. Listing of LawsListing of Laws
INTERNATIONAL TRADEINTERNATIONAL TRADE
UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS (VIENNA 1980)
("CISG") - This Convention 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. The Convention entered into force
on 1 January 1988.
www.StudsPlanet.com

10. Listing of LawsListing of Laws
INTERNATIONAL TRADEINTERNATIONAL TRADE
CONVENTION ON THE LIMITATION
PERIOD IN THE INTERNATIONAL SALE
OF GOODS (NEW YORK 1974) - This
Convention establishes uniform rules governing
the period of time within which legal proceedings
arising from an international sales contract must
be commenced. It has been amended by a
Protocol adopted in 1980 when the United Nations
Sales Convention was adopted. Both the original
Convention and the Convention as amended
entered into force on 1 August 1988
www.StudsPlanet.com

11. Listing of LawsListing of Laws
INTERNATIONAL TRADEINTERNATIONAL TRADE
• UNCITRAL LEGAL GUIDE ON
INTERNATIONAL COUNTERTRADE
TRANSACTIONS (1992) - The purpose of the
Legal Guide, adopted in 1992, is to assist parties
negotiating international counter trade
transactions. It identifies legal issues involved in
such transactions and discusses possible
contractual solutions.
• UNIFORM CUSTOMS & PRACTICE FOR
DOCUMENTARY CREDITS (UCP)-500
• INCOTERMS
www.StudsPlanet.com

12. Listing of LawsListing of Laws
LABOUR LAWSLABOUR LAWS
ILO CORE CONVENTIONS
Freedom of Association and Protection of
the Right to Organize Convention, 1948 (
No. 87) Establishes the right of all workers
and employers to form and join
organizations of their own choosing without
prior authorization, and lays down a series
of guarantees for the free functioning of
organizations without interference by the
public authorities. In December 1997, 121
countries had ratified this convention.
www.StudsPlanet.com

13. Listing of LawsListing of Laws
LABOUR LAWSLABOUR LAWS
Right to Organize and Collective Bargaining
Convention, 1949 (No.98) - Provides for
protection against anti-union discrimination, for
protection of workers' and employers' organizations
against acts of interference by each other, and for
measures to promote collective bargaining. In
December 1997, 137 countries had ratified this
convention.
Forced Labour Convention, 1930 (No.29) -
Requires the suppression of forced or compulsory
labour in all its forms. Certain exceptions are
permitted, such as military service, convict labour
properly supervised, emergencies such as wars,
fires, earthquakes, etc. In December 1997, 145
countries had ratified this convention.www.StudsPlanet.com

14. Listing of LawsListing of Laws
LABOUR LAWSLABOUR LAWS
Abolition of Forced Labour
Convention, 1957 (No.105) - Prohibits
the use of any form of forced or
compulsory labour as a means of political
coercion or education, punishment for the
expression of political or ideological
views, workforce mobilization, labour
discipline, punishment for participation in
strikes, or discrimination. In December
1997, 130 countries had ratified this
convention.
www.StudsPlanet.com

15. Listing of LawsListing of Laws
LABOUR LAWSLABOUR LAWS
Discrimination (Employment and
Occupation) Convention, 1958 (No.111) -
Calls for a national policy to eliminate
discrimination in access to employment,
training and working conditions, on
grounds of race, color, sex, religion,
political opinion, national extraction or
social origin and to promote equality of
opportunity and treatment. In December
1997, 129 countries had ratified this
convention.
www.StudsPlanet.com

16. Listing of LawsListing of LawsLABOUR LAWSLABOUR LAWS
Equal Remuneration Convention, 1951
(No.100) - Calls for equal pay for men and women
for work of equal value. In December 1997, 135
countries had ratified this convention.
Minimum Age Convention, 1973 (No.138) -
Aims at the abolition of child labour, stipulating that
the minimum age for admission to employment
shall not be less than the age of completion of
compulsory schooling, and in any case not less
than 15 years (14 for developing countries). In
December 1997, 59 countries had ratified this
convention. www.StudsPlanet.com

17. Listing of LawsListing of Laws
INTERNATIONAL DISPUTEINTERNATIONAL DISPUTE
RESOLUTION / ARBITRATIONRESOLUTION / ARBITRATION
ICC PARIS - International body for
international Commercial Arbitration having
its rules and procedures
NEW YORK CONVENTION-For
recognition and enforcement of foreign
arbitral award.
GENEVA CONVENTION-For recognition
and enforcement of foreign arbitral award
www.StudsPlanet.com

18. Listing of LawsListing of Laws
INTERNATIONAL DISPUTEINTERNATIONAL DISPUTE
RESOLUTION / ARBITRATIONRESOLUTION / ARBITRATION
• Uncitral Arbitration Rules (1976)
• Uncitral Conciliation Rules (1980)
• Uncitral Model Law On International
Commercial Arbitration (1985)
• Uncitral Model Law On International
Commercial Conciliation (2002)
• LCIA Mediation Procedure 1999
• European Convention 1961
• Washington Convention 1965
www.StudsPlanet.com

19. REMEMBER EXISTENCEREMEMBER EXISTENCE
OF LAWSOF LAWS
Thank you
Presentation by Sameer Rastogi, Partner
www.StudsPlanet.com