FAIR TRADE

i found some important information during the time of making my revision eassy on fair trade.that ia
 Fair trade"is an example of development occurring through trading relationships and improved commercial opportunities to bridge the gap between developed and developing countries and to facilitate the better integration of developing countries in the world economy. "Fair trade"initiatives give consumers the opportunity to contribute towards sustainable economic and social development in developing countries through their purchasing preferences.

This document has been prepared following the undertaking by the Commission at the 1998 June Council to provide a Communication on fair trade and the Parliament request for a Communication (Fassa Report).

It describes the concept of fair trade and gives a brief outline of the current situation with a view to assisting discussion on courses of action the EU could adopt to assist the development of fair trade within the EU, and thus contribute to the key aims of EU development policy as set out in Article 177 of the Treaty.

This Communication therefore, provides the initial first step from which the Commission will develop its position in respect of fair trade and how this will integrate with existing Community policies.The concept of fair trade was originally developed by Non-Governmental Organisations (NGOs) interested in trade and development. The first fair trade initiatives involved the creation of alternative trading organisations or "fair trade businesses". These were often started by churches or charities, although several have now become independent companies.

CIF contract

dear friends

i thinh cif is a very interesting topic and the links may help you.

1.http://www.cebuecommerce.info/the-basic-definition-of-the-cif-contract

2.http://www.law-essays-uk.com/free-essays/cif-and-fob-contracts.php

 

also see s.20, s.30 of sale of goods Act 1979 from P S Atiyah, John N Adams, Hector MacQueen, ATIYAH’S SALE OF GOODS, 12edn and  also it is very necessary to remember that the advantages and the disadvantages can be related with Carriage of Goods by Sea Act 1992. 

CHILD LABOUR

i think ILO related convention are really helpful to have to understand the international regulation for prohibiting child labour. such as the Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No. 182) of 1999, provides protection against the sale and trafficking of children, the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. Although child labour does not imply child prostitution and pornography Convention No. 182 includes child prostitution and pornography in the definition of the term “child labour” (Bakirci, 2007).

4.2.2 Other forms of exploitation and forced labour . Women and children are trafficked for the purpose of begging, street crime, shop lifting and drug transporting. Disabled and elderly men are also trafficked as beggers. The traffickers exploit them for their own financial gain.

The ILO Convention No. 182 provides that:

For the purposes of this Convention, the term the worst forms of child labour comprises inter alia the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties (Art. 3 (c)).

Although child labour does not imply “the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs”, Convention No. 182 includes them into the term “child labour”.

According to the ILO supervisory bodies “an activity does not need to be recognised officially as an ‘economic activity’ for it to fall potentially within the ambit of ‘forced labour”’. For example, a child or adult beggar under coercion will be considered as being in forced labour.

Although “work” or “labour” does not also imply begging or other criminal activities (such as street crime, shoplifting and drug transporting), the ILO Convention No. 182 and the ILO supervisory bodies includes them in the term “labour” (Bakirci, 2007) and identify them as among the forms of forced labour.

CIF contract

CIF contract means cost, insurance and freight contract. In a CIF contract the costs, insurance, and the cost of freight of the goods must be accomplished by the seller (Johnson v Taylor Bros)(1920) AC 144 at 145.

Generally the goods remain at the seller’s risk until it transferred to the buyer. However there are exceptions to this rule; e.g. CIF, FOB whereby the risk can be transferred before the delivery of the goods to the buyer( Sterns v Vickers[1923]1 KB 78 ) .

 Under a CIF contract a buyer will be able to know the exact price he has to pay for the goods including the freight and insurance. The buyer is released from the burdensome duties of securing shipping space, arranging the carriage contract, and procuring the insurance policy. Moreover, CIF contract allows a buyer to resell the goods before they arrive, because of the use of documental contract; whereby the documents represent the goods. Use of document also facilitates the financial institutions involvement; e.g. the buyer’s bank will not take possession of the goods rather they prefer to take up and hold the documents as security for the advance of the price. Thus the seller is also become assured of getting his payment back through showing the documents even the goods are damaged or never arrived. However the buyer is generally protected against such losses by the bill of lading, giving a contractual right against the carrier, and the insurance policy, which covers most accidental losses.

The risks of market fluctuation have to be considered by the buyer and seller both. So the law should be clear so that the trader can take decisions rapidly. CIF contract needs a much more development in light of present world.

MY DEAR FRIENDS,
FOB OR CIF CONTRACT BOTH ARE RELATED TO CONTRACT LAW.SEE THE TEXT BOOK OF CONTRACT LAW, CARRIAGE OF GOODS, INTER NATIONAL  SEA CONTRACT AND TRADE LAW.
THE BOOKS OF P S Atiyah, John N Adams, Hector MacQueen, ATIYAH’S SALE OF GOODS, 12edn IS REALLY HELPFUL.
ALSO JOURNAL IN WEST LAW AND LEXIS NEXIS ARE INTERESTING.

CHILD LABOUR

SUMMARY OF CHILD LABOUR Child labour conventionally refers to children working before they reach the lawful minimum age. It deprives children from childhood and their dignity which hampers their education and acquisition of skills. Child labours are involved in many worst form of employment, for example, forms of slavery, sexual exploitation (prostitution or pornography), illicit activities, hazardous work that harms their lives, health and morals. The major reason behind child labour is poverty. Children in developing countries work because they have to run their families, there are also unavailability of schools and cultural pressures which prevent them going to schools. . However, there are some laws to protect child labour. Such as the Minimum Convention 138 which sets a minimum age of 15 for legal employment. Convention 182, (1999), calls for the elimination of the worst form of child labour (physical, psychological, sexual abuse etc.). Before that, in 1989 there was convention on the rights of child. This instrument incorporated the full range of human rights for the children. Article 32 of the convention gave the children right to be protected from any work which is harmful to their health or physical, mental, spiritual, moral or social development. Also the United Nations through the UN CONVENTION ON THE RIGHTS OF THE CHILDEN 1989 enacted some articles, such as, art 11, 19 20 etc to protect the children’s right. Different NGO’s are working to protect the children and to implement the child labour laws. They are providing free education, training, giving financial help etc. However, the amount of child labours around the world have not reduced as much as it was expected because of proper implementation of the laws and taking appropriate steps to prevent children going to work. For the long lasting solution of child labour, there must be a national development strategies backed by effective legislation.

LABOUR LAW

The topic of labour law is fine and it is easy to locate huge num of matarials specially in westlaw and lexis nexis. seaerching journals is more helpful.

FAIR TRADE

“IS FAIRTRADE FAIR” DISCUSS THE CASES FOR AND AGAINST THE ESTABLISHMENT OF FAIRTRADE INITIATIVES. Summary: Fair trade is a tool for development. The main motive of fair trade is to help the poor producers fight from poverty and to reduce the gap between developed and developing countries so that the developing countries can also contribute to the world economy. Fair trade can be achieved by offering the producers a price which covers their cost of production and providing long term contract which assist predictable planning. But there are various problem of fair-trade and the main problem is the consumer is not able to take the benefit and the producer can taka a benefit.  Moreover there are many other reasons which is making Fair-trade ineffective, e.g. Fair Trade products seems to be much more expensive than the conventional ones. Labels of Fair Trade tell the people that certain criteria’s has been met in the production process. However that is not so true. Ethical initiatives are increasing day by day and some of them may be independently verified and others may be not. At present days the retailers and consumers are both interested in ethical sourcing. As we know, Fair trade standards were mainly aimed to guarantee human rights at all levels of global trade from producers to consumers..However, things are not as easy as it looks. Because of the above mentioned problems, the main objective of fair trading is not being achieved. If the problems are solved, then the producer will taste the real benefit of fair trade. Also because of various problems the main objective of fair-trade is not being achieved. If the problem of fair trade are solved the doctrine of fair-trade will contribute in the world economy.   

FAIR TRADE

dear reader,

westlaw is very usefull to find cases relating to "fairtrade". search cases and must find the case in favour of fairtrade as well as also against the fairtrade. same rule is also appilicable foe lexis nexis.

ok

bye

thank you

md.mahbub hasan