MGT608 Business Law and International Contexts Research Sample

MGT608 Business Law and International Contexts

Context

The focus of this subject is business law in an international context. Doing business internationally will mean exposure to a range of legal systems that are different from the Australian legal system. Parliamentary and courts structure will vary depending on what country business is being transacted with. The concept of the Rule of Law ensures that everyone is equal before the law however not all countries have a strong Rule of Law. The strength of the Rule of Law in the country in which business is being transacted will have significant implications.

This assessment provides an opportunity to analyse the legal system of another country and to rate the strength of the Rule of Law in that country. The following two assessments will use this information to determine whether to do business in this country.

Instructions

1. Students should choose one of the following countries: Japan, China, Vietnam, Brazil, Cuba, United Arab Emirates, Italy or Russia.

2. With respect to the country you have chosen, undertake research on the legal system of this country. Your research should:

• detail the parliamentary system in this country

• detail the sources of law in this country i.e. where does the law come from?

• describe the court structure operating in this country

• categorise the legal system operating in this country i.e. is it Germanic- Romano, Anglo-American or the Islamic legal system. Explain why you have categorised the legal system in this way.

• explain the concept of the Rule of Law and detail the strength of the rule of law in this country

3. Prepare a 1500 MS Word document that details your Research Notes with appropriate  referencing.

4. Deliver in person (class students) or by video (online students) an oral presentation of no more than 5 minutes that presents the research on the country you have chosen.

Research Notes

At the time of delivering the presentation, you will submit a MS Word document of no more than 1500 Words containing the Research Notes that were used to create your presentation. These notes should be appropriately referenced.

You will be assessed against the criteria in the Rubric that appears at the end of the Assessment Brief.

Solution

Introduction 

The rule of law differs from the primary concept for analysing the division that focuses on extending its strength in an international business context. As per the MBA Assignment Expert, The legislation perspective of Japan is displayed with considerable analysis of the differentiation from Australian legislation. The judicial establishment in Australia is made up of numerous organisations and individuals. 

Details of the Parliamentary System of Japan 

Japan's National Diet serves as its government. It comprises an executive chamber, the Assembly of Councillors, and a parliament of deputies, the “House of Representatives”. Simultaneous elections are held for either chamber using a simultaneous election scheme. The Parliament is technically in charge of selecting the Opposition Leader in conjunction with adopting legislation (Japan, 2022). The Meiji Constitutional initially formed its Diet around 1890, even as Emperor's Diet and the comment establishment clause ratification in 1947 gave its structure. The National Diet Construction in Nagatach, Chiyoda, Tokyo, is where neither member convenes. The same National Diet's chambers were chosen through simultaneous election processes. It indicates all those members eligible for administration were split amongst two parties, both selected using a unique procedure in the context of business development. A fundamental distinction among the legislatures is found in the proportions of the various organisations and the methods used to determine it.

Additionally, supporters were required to submit double ballots: supporting a group list and once against each particular contestant in each electorate. Voting in that election is now only permitted to Japanese citizens at least 18 years old, down from 20 in 2016. The Optional Membership Mechanism, employed in several countries, should be confused with Japan's concurrent ballot mechanism (Nichibenren, 2022).  The Government, consisting includes the Opposition Leader. Then a maximum of 17 Secretaries of Government, including Ministries beyond responsibility as well as the Principal Cabinet Secretary, who is individually answerable towards the Diet, has executive authority. Whenever the position of Finance Minister remains vacated and that second assembly of a Diet has been called following a leadership contest for membership of that Chamber of Commons, the Government must dissolve collectively (Travel, 2022). The Government must retire collectively if the Speaker of Commons adopts a non-confidence measure and opposes a support measure, provided such Chamber of Commons is abolished within ten days. The Party Leader is chosen either by Diet through legislation or between its membership.

Source of Law in Japan

While analysing the legislative source of Japan, it has been discussed according to the codified law. There are specific sources of legislation, such as the culture being considered one of the significant perspectives that are treated as the particular source of law in Japan. Compared with the Australian legislation, there are considerations for developing the Australian legal system of hierarchy, such as the federal court, where a high court, a federal court, and a family court reside (Shugiin, 2022). Apart from that, the legislation premise of Australia has also indicated .to the fundamental business sources; The Commercial Code likewise permits that Civil Canon is superseded by corporate convention. According to the “Financial instrument and exchange act (1948)”, states that, regardless of whether the players are corporations or entrepreneurs, some actions, such as purchasing property to return them at a profit, are regulated by the Commerce Regulation. A Regulation of Cash payments, the Regulation on Invoices, and the Ordinance on Corporate Registering are only a few additional regulations that are added to the Codes. In 2005, a Corporate Structure was split off from the Companies Ordinance. From this perspective, the foreign exchange and foreign trade act is being discussed according to the ministry of finance. In comparison with the global legislation system, “Romano-Germanic civil law systems” are discussed according to the different groups of legal systems presented worldwide (Japan, 2022). For example, in Australia, private international law determines the jurisdiction, that sometimes considered a “conflict of law”. in this consideration, “the companies act 2005” is applicable to describe the law of corporations in Japan. 

The Court Structure in Japan 

Generally, comprehensive cases are heard, civil disputes with demands under 900,000-yen, prosecution disputes comprising infractions chargeable by sanctions or lesser punishments, and commercial sensitivity. They have 438 locations across the country. There is only a straightforward judgment magistrate that hears petitions. Many both economic, as well as commercial first-instance proceedings are handled by jurisdiction. It has headquarters in 50 sites and 203 regional operations (Cas, 2022). Notwithstanding the exception of instances wherein a college tribunal has become designated to examine, and a rule mostly on matters or instances wherein offences are penalised by a maximum of yet another season. However, in incarceration without employment, most matters are determined by solitary justice.

In comparison with the Australian governmental system, there are particular perspectives; there are considerations of contract terms for the choice of court. “United Nations Commission on International Trade Law” are eligible to develop the corporate structure of an organisation (Kwilinski et al. 2019). In this respect, people are considered to enhance the diplomatic conference that occurred in the 1980s. Generally speaking, civil actions with allegations under 1.4 million are handled by speedy tribunals. Requirements for compensation and criminal mediation matters are also heard in interim tribunals. They also deal with criminal matters involving comparatively modest offences and are legally resident in Japan. The majority of legal, commercial, and administration matters heard in the initial example are handled by the district's judge. They also hear Koso appealing over decisions made by overview tribunals in the initial occasion of cordial matters (Benvenisti, 2018). Except for particular additional instances and those in whatever the government has ruled that court members should handle; a judicial officer often considers the majority of civil matters. Except for some significant offences, a higher court typically hears judicial proceedings. 

Legal System Operating in Japan 

The common law is a collection of precepts and guidelines formed, stated, and implemented by tribunals in a procedure intended to settle particular disputes. It is based on international convention or moral doctrine. In this broad meaning, all Anglo-American judicial regimes have their roots in the English courts. It played a significant role in the development and design of the US Constitutional (Kirkup, 2018).

Discussion on the Japanese Penal Code 

“Law No. 45, or the Penal Code (Keih)”, were enacted in Japan in 1907. The Anglo American This is another of those six Conventions which serve as the framework for contemporary Japanese law. Because it pertains to common offences, this penal code has sometimes known as “ordinary criminal law” or “generic international proceedings”. Inside a functional meaning, the term "criminal law" applies to everyone's written regulations that outline the conditions for such repercussions committed a violation as well as the nature of punishment such a judicial impact placed upon an individual, as well as its contents of both the federal statute (Armour, 2018). Legislation governing protection protocols, as an additional framework, could be included. 

The Legal Counsel of Japan

The appointment of professional counsel must be carefully considered because it can significantly impact the Japanese. A directory of attorneys with experience in this specific sort of dispute, as well as that who might have previously defended Australia, can be provided by Australian immigration authorities. They are unable to choose or suggest a particular attorney, though. It could be preferable to employ an attorney for the directory. It is still an obligation to make this choice. Also, refer to the publication A Guidance for Canadians Imprisoned A broad’s chapter on choosing an attorney for any further details.

Statutory Corporate Auditor

Organisational mandatory auditors are mandatory under the current Corporations Act. The independent administrative inspector for organisational entities solely examined the accounts underneath the previous legislation. Financial companies also investigated their operations. This differentiation no longer exists underneath the new Corporations Law. The commercial professional accountant has the authority to examine the financial statements and operations of equally major and minor firms (Nichibenren, 2022). Limiting the company constitutional auditor's duty in non-public businesses without shares exchange limitations to just accountancy reporting is feasible. In that situation, stockholders have a more significant influence over the corporation's financial reporting. A board of governor’s conference may be called by the stakeholders. 

Strength of The Rule of Law 

The municipal laws of Germany, as well as France, are the primary inspirations for the code-based judicial structure in Japan. The United States served as a representative of the Combined Powers' principles at the close of World War II and exerted significant pressure on the Convention. Those governmental acts are considered the “written” or “accepted” law of the country and are meant to establish another prescriptive system. The 1947 Amendment's principles are unalterable within Japanese legislation, including through parliamentary methods (Japan, 2022). To this aim, the judges have the authority to carefully review whether all legislation, regulations, and governmental judgments are unconstitutional. The foundation of Japan's (written) judicial process is the concept of legislation. Companies and other interests benefit significantly from upholding and complying with the law. It is more difficult for ethical firms to operate, fulfil their statutory commitments, and have legitimate constitutional protections upheld in jurisdictions where the "rule of law" is inadequate.

Conclusion 

It can be concluded that throughout this section, the system's elements are described. Although the British colonised Australia in 1788 and introduced all pertinent “British common law” and legislation of Australian provinces still at this moment, Australia's judicial structure is developed upon its British judicial framework. Confederation took place in Australia in 1901, resulting entry a significant impact on the judicial process.

Script for presentation:

Hello, everyone introducing myself as the aspirant of Corporate Law and legal perspective in Japan. I have collaborated with the discussion of the rule of law. I have developed research on Japan. It is also discussed that Japan's code of law is based on conventional experimentation. Depending on statutory law, the Japanese are typically categorised as having a common law judicial structure. The roppó (six codes), the administrative foundation of the institution, is made up of the Constitutional and also the 5 principal Regulations.  Nowadays, though, thousands more restrictions inside the shape of Government mandates (serei) and Minister directives, in addition to almost 1800 additional laws, are already in effect (shorei). Likewise, this is a sizable corpus of written legal precedent in each area of practice that evaluates statute and, in cases in which the legislature is ambiguous, creates proposed legislation. 

I am introducing certain rules and legal system of the organisation that has been discussed according to the parliamentary system of Japan. Following France and Great Britain, the Japanese are governed by a parliamentarian democracy. The Japanese need not vote personally for their presidents, in contrast to Americans or even the French. A current president is chosen by Diet's membership. The government of government officials is assembled and headed by the party leader.

After discussing all the credentials of the legal system operating in Japan, there are specific sources of law, that are become evidential for the corporate state of the nation. Depending on administrative statute, Japan is typically categorised as having a common code legitimate structure. The roppó, or parliamentary centre, of its institution, is comprised of the Constitutional as well as the 5 significant Code, including the civic, civil cases, judicial, prosecution, as well as commerce.

I have also categorised the legal system in this country that Anglo-American judicial regimes are being discussed according to the legal entity of Japan. I have also introduced “Corporate Statutory Auditor” as the legal system of Japan. The corporation's professional accountant, the bookkeeping accountant, or even the accountant's inspection company performs the examination of a bookkeeping records. Professional observers, not company employees, are accountants’ examiners and accountancy accounting professionals. Nearly 50% of a company’s boards of organisational independent accountant should be external accountants if one exists. A committee of corporation mandatory accountants could indeed exist without a governing board. 

I have also introduced the strength of rule of law, Various articles of the Constitutional “Criminal Procedure Code 23” of Japan are meant to safeguard the interests of those convicted. Nevertheless, notwithstanding the statutory restrictions, the routine actions of the Japanese policemen and prosecutions reveal a society where the freedoms of those who have been convicted of a crime are severely restricted. Judges support a variety of procedures with regard to searches, seizures, custody, arrests, and interrogations that ironically render the core principles of the legislation or statute unlawful. Furthermore, it might be argued that the fundamental guarantees of an open and public decision of fairness even by the judiciary are violated by the inner operations of the judicial trial procedure including the function of justices. These elements show how institutionalised origination from the legal system is common in Japan.

Reference list

Armour, J. (2018). Where Bias Lives in the Criminal Law and Its Processes: How Judges and Jurors Socially Construct Black Criminals. Am. J. Crim. L., 45, 203. retrieved on 21th august, retrieved from https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ajcl45§ion=9

Benvenisti, E. (2018). Upholding Democracy Amid the Challenges of New Technology: What Role for the Law of Global Governance?. European Journal of International Law, 29(1), 9-82. retrieved on 21th august, retrieved from https://academic.oup.com/ejil/article-pdf/29/1/9/25061600/chy013.pdf

Cas, 2022, PENAL CODE (Act No.45 of 1907), retrieved on 21th august, retrieved from https://www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf

Emperor, retrieved on 21th august, retrieved from https://japan.kantei.go.jp/constitution_and_government_of_japan/fundamental_e.html
Japan, 2022, 

Japan, 2022, The Japanese Judicial System, retrieved on 21th august, retrieved from https://japan.kantei.go.jp/judiciary/0620system.html#:~:text=There%20are%20five%20types%20of,Family%20Courts%20and%20Summary%20Courts.

Kirkup, K. (2018). Gender dysphoria and the medical gaze in Anglo-American carceral regimes. In Containing Madness (pp. 145-165). Palgrave Macmillan, Cham. retrieved on 21th august, retrieved from https://link.springer.com/chapter/10.1007/978-3-319-89749-3_7

Kwilinski, A., Volynets, R., Berdnik, I., Holovko, M., & Berzin, P. (2019). E-Commerce: Concept and legal regulation in modern economic conditions. Journal of Legal, 
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Nichibenren, 2022, The Japanese Judicial System, retrieved on 21th august, retrieved from https://www.nichibenren.or.jp/en/about/judicial_system/judicial_system.html

Shugiin, 2022, Speaker's condolence message to the Speaker of the US House of Representatives, retrieved on 21th august, retrieved from https://www.shugiin.go.jp/internet/index.nsf/html/index_e.htm

Travel, 2022, An overview of the criminal law system in Japan, retrieved on 21th august, retrieved from https://travel.gc.ca/travelling/advisories/japan/criminal-law-system