by Harsh Rai
ABSTRACT
In the climate after World War II, governments realized that worldwide collaboration, politically, financially, and socially, was a crucial component of establishing any degree of global peace. The aim was to level the playing fields of commerce and to minimize the areas of discord, as inequality may lead to more significant disputes in these areas. Nations have committed to work together to promote free trade by concluding bilateral and multilateral agreements. Initiatives include these accords culminated in the General Agreement on Tariffs and Trade (GATT) etc.[i]The objective of this article is, in view of the legal character of international agreements, to emphasise the manner and effects of their impact on the legal process in that area, and to affect them in an ubiquitous globalisation in the context of different international relations.
INTRODUCTION:
International relations is a tremendously large sector in which several entities work and where diverse expressions, interests, and relationships exist, that are frequently in conflict, or parallel. Secondly, the actors are not just sovereign nations, but international entities as well as intergovernmental, supranational, and other international organizations, the purpose being particularly policy, and economic interactions. The processes of globalization and liberalization have been particularly advantageous in the contemporary world, in which a single global market exists, the national countries’ opportunities are reduced to encourage the development of their economy directly by setting rules that give national organizations priority. The decision-making place is often shifted from the state to international institutions, which reduces the capacity of the public to influence the direct development of government officials by direct elections[ii].
The instant and strong integration via trade, finance, technology, information networks, and trans-cultural cooperation between the economies of the countries into the international economy has fostered the prosperity of the entire planet. The role of States and diplomats treated as a tool to promote and safeguard nations’ interests remains highly significant in international political and economic interactions, in particular, in the sphere of economic relations. The growth of various kinds of economic cooperation, globalization of one’s economic activity, and the operation of one’s own companies have become the national strategic goals of each country. The advantages of these procedures, however, are not spread from nation to country automatically and equitably. The truth is that both advanced and poor nations and in these categories are becoming more polarised. Some social groupings have miraculous advantages, others are just partial.
In an endeavour, among other things, to carry out their objectives, the most advanced nations, which build their strength on economic dominance, military superiority and superiority in production, are progressively shifting their foreign policy priorities and binding them to the economic realm. Increased human resources, political instability, low raw materials, civil conflicts, large outside debt, macro-economic instability and so on face numerous issues in undeveloped nations at the bottom of the global scale[iii].
As a consequence, globalisation and liberalisation of economic life have led to significant changes in the structure of the goals of the diplomacy of each country necessitating new forms and means of agreement and international communications. Economic rather than political interests emerge in the foreground. In many nations, the major focus is on ways in which the export economy and its firms are in a stronger position in the global markets so that the most favourable impacts can be achieved in economic cooperation with abroad, which is to take place or later in the right foreign exchange income. International agreements serve a crucial role as one of the most essential tools for developing all types of cooperation and economic connections with foreign countries.
THE FACT AND SIGNIFICANCE OF INTERNATIONAL CONVENTIONS:
States have been the original subjects of international law since its inception, and their contractual capacities are beyond any question. International organisations and their specialised groups also act as agents in addition to nations. The “Convention of Vienna in 1969”, and the “Vienna Convention on the Law of Treaties between States and international organisations of 1986”[iv] is particularly important in the field of international contract law. The following convention is of particular relevance. International treaties, “as an immediate and strongest manifestation of will” are the prime sources of law on which social interactions on an international legal scene have been established, unveiled and halted are of modern subjects of international law.
International treaties must be a principal component of international legislation and must not contravene imperative international law standards as the principal tool for regulating international interactions and establishing cooperation among subject laws. An imperative norm implies “the norm accepted and recognized by the entire international community of states as a norm from which no deviation is permitted and which cannot be changed by a new norm of general international law of the same character”. Given that it is fundamentally the States that apply it under the national legal systems to enter into international treaties and adopt international norms, States Parties cannot claim features of national law to vindicate the non-implementation of a contract.
A contracting party’s international convention is a law and should be deliberately and in good faith. The international treaty obligation is complied with and is only obligatory on parties and not on their members or members of the Organization. It binds only countries or international organisations not directly and its residents and members of a specific international organisation[v] (although in practice, for example, in the event of non-performance of the contract, they often suffer in an indirect way and nationals of the State party or the member state of the international organization). Unless the Constitutional amendments or changes in administration could happen in that State, a once completed treaty is still in effect for a specific State as long as there is the same subject matter under international law[vi].
Today, nearly every state is part and parcel of an international framework of legal protocols and treaties. For instance, many nations including our countries prioritise international law in the context of domestic legislation in many essential elements of their legal systems, thereby decreasing their classical sovereignty.
POSITION AND SIGNIFICANCE OF INTERNATIONAL CONVENTIONS IN BUSINESS PROCESS MANAGEMENT:
In the international framework, contracts are the tool used to regulate and control company operations in a unique, worldwide economic market that play an increasingly significant part in international traffic. With the growth of international economic relations and international economic links between businesses, and the rising amount of products and services in international relations, a network of more diverse international agreements in this sector has been necessarily developed and expanded[vii]. It has become a significant source of law, which implicit that it can be the legal foundation for regulating some economic international interactions or the legal basis for resolving certain conflicts arising in real international economic connections.
SUGGESTIONS & CONCLUSION:
As huge mobility of wealth and technology, in the context in which the organisation of ideas and people is becoming increasingly global, transnational, globalisation may be concluded as a complex social, economic, cultural, technical, policy and geopolitical phenomenon. The connection between national economies and the international economy is growing at the heart of globalisation. Countries throughout the world are connected to an economic, social and political network of several dimensions[viii]. Because of profit, it was important to develop a world market as a driving force for production and, in this way, the greatest number of nations and areas in the world could be linked to different types of interactions.
If we talk about transitional economies, the reintegration into the international economy through trade, financial flows and other aspects is one of the fundamental parts of their transformation. For those nations in transition, it is the active attitude towards these changes to limit the potential beneficial benefits and potential bad repercussions of globalisation which are the only way to prevent isolation and permanent backlog. Transitional nations can view their chances of developing countries and their foreign policy and economic goals via different economic and other integrations in adjacent countries as well as established countries across the world[ix].
If we begin with the idea that we will dynamically reduce conflict in countries by abolishing trade barriers and investing in technology and improving communication and thus help peace and progress, we will come up with the concept of creating a new type of globalisation, known as “sustainable” that helps business and free development and has a profitable effect on developed nations, The importance of a social environment is emphasised by “Sustainable” globalisation – free societies are in a position to accelerate and improve the growth, economy and individual self-determination in their standards of living: free spirit, free market and free enterprise.
International Treaties, particularly business-economic ones, have a strong role in controlling international relations through their employment as a tool of unification. Namely, a highly diverse national law and the use of a collision technique which is not sufficiently understandable for the world of businesses are the greatest barrier in international trade. There are, however, significant deficiencies in the employment of international treaties in this regard. Firstly, in the face of the initial disparities in legal systems, language obstacles and various national interests, it is difficult to achieve a consensus on substantive legal remedies. Representatives from many nations, particularly those with significant power and influence, have a deep-seated conviction that their rights are superior. They are strongly in favour of unity till their national legislation matches the universal text to be enacted. Work on a text that will subsequently be adopted at an international conference or in an international organisation, is typically unsuccessful in bureaucratic workplaces. It is often the case that inaccurate phrasing is used for some difficult problems to establish a compromise between the parties, or that reserves should be permitted.
If the text of the international treaty is ultimately finalised, the relevant authorities of the Member States shall ratify and ratify the Treaty. Several ratifications are needed to bring the treaty into force and this procedure normally takes many years. Many examples of so-called dead treaties provide witness to international and comparative law specialists’ futile efforts and labour. In conclusion, the various exercises of courts and other authorities of the Member States in the implementation and interpretation of the standard text can easily disturb efforts to encourage unification. In most instances, given that.
[i]Linda Williams and Lumen Learning, Global Trade Agreements and Organizations, LUMEN (last visited July 05, 2021), https://courses.lumenlearning.com/wmopen-introbusiness/chapter/global-trade-agreements-and-organizations/#return-footnote-6565-1.
[ii]What is Globalization? All Definitions of Globalization, YOUMATTER (Oct. 06, 2020), https://youmatter.world/en/definition/definitions-globalization-definition-benefits-effects-examples/.
[iii] Earl Conteh-Morgan, INTERNATIONAL INTERVENTION: CONFLICT, ECONOMIC DISLOCATION, AND THE HEGEMONIC ROLE OF DOMINANT ACTORS, 6 IJPS 2.
[iv]Vienna Convention on the Law of Treaties art. 32, opened for signature May 23, 1969, 1155 U.N.T.S. 331.
[v] Kristina Daugirdas,International Organizations as Creators of International Law: A Good Thing? A Reply to Jan Klabbers, EJIL: TALK (Sept. 10, 2020), https://www.ejiltalk.org/international-organizations-as-creators-of-international-law-a-good-thing-a-reply-to-jan-klabbers/.
[vi]Shazelina Z. Abidin, International Organisations, E-INTERNATIONAL RELATIONS (Dec. 30, 2016), https://www.e-ir.info/2016/12/30/international-organisations/.
[vii]Dr. Jean-Paul Rodrigue, Globalization and International Trade, THE GEOGRAPHY OF TRANSPORT SYSTEMS (last visited July 06, 2021), https://transportgeography.org/contents/chapter7/globalization-international-trade/.
[viii] Hitesh Bhasin, 9 characteristics of Globalisation, MARKETINGN91 (January 3, 2020), https://www.marketing91.com/characteristics-of-globalisation/.
[ix] GLOBALIZATION, supra note ii.
[x] Picture Credit: Anadolu Agency
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