Noticias de la Cámara
The importance of international legal counseling in this new decade | T.K. & Partners
18/01/2022
The digital era is officially here and the Covid-19 pandemic has set the grounds for the normalization of online transactions and business management. Since virtual reality has become the new norm, cross border operations have become easier and accessible to everyone and as a result, the need in international legal advice is considered to be crucial.
While researching and interpreting transnational legal conflicts is fun indeed, the daily job of an international attorney is to litigate and/or provide legal advice to businesses who operate outside the borders of their own country. Such services usually include counseling and representation, information regarding legal rights and resolving conflicts of laws in the business operations.
A classic example is that of contract law. It is vital to figure out what is the applicable law or what jurisdiction would be more favorable when both parties involved are subject to different jurisdictions and/or legal systems. An international attorney at law possesses the knowledge to provide legal advice on the territories involved, as well as on the international treaties, such as the double tax treaties that are legally binding for both countries whose citizens are entering such agreement. This type of conflicts of law or disputes are part of the International Private Law which is applicable both to physical persons as well as legal entities.
Another side of International Law is the branch of the International Public Law which rules the relations and/or conflicts between governments and international entities. It includes the maritime law, treaty law, international trade law, international human rights law and of course international criminal law, which is applicable to both governmental authorities as well as individuals.
Finally, a less known branch of the sector is Supranational Law, which regulates the limitations of rights among sovereign nations. It governs regional agreements and conflicts of law between a national legislation and a supranational regulation. The most classic example regards the conflict between an EU directive and a Member-States national law.
Interestingly enough, while most attorneys specialize in different sectors of their national law, international attorneys are often seen involved in international criminal cases or in mergers of international corporations, maritime or aerial law, as well as in international contract law. This type of legal services require specialization in different legal systems, often knowledge of different languages on a proficient level, as well as a deep understanding of conflicts of law. In other words, an international attorney is expected to be aware of how different legislations and regulations interact with each other on a higher scale and how to use the aforementioned pyramid of norms in order to better assist the needs of each of their clients.
On a final note, experience has shown that clients tend to appreciate when one person or legal team, who is aware of their history and specific needs, can accompany them in their transactions, regardless of language or territory barriers.
The present article is purely for informational purposes and does not, under any circumstances, constitute legal advice. For further information on the subject, please contact www.t-k.law and one of our advocates shall be glad to assist you.
More information about T.K. Partners here.
Nika Kalifatidou
International Attorney
T.K. Law
For the British Chamber of Commerce
