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Remarks on the International Business Lawyer’s Point of View

When asked to participate in this panel, I was curious about how in-house counsels of companies dealing routinely on the international plane, would answer the question, "Does international law matter?" I called some of my former clients, and here, in summary, are the answers I got. "International law? What is it? What do you mean?" I explained that international law, in our context, meant such important conventions as the United Nations Vienna Convention on the International Sale of Goods (CISG) (1980), the Unidroit Principles of International Commercial Contracts, the ICC Uniform Customs and Practice for Documentary Credits, the ICC Incoterms, and the like. The immediate answer was, "These do not really matter". I gave it a second try and asked: "What about competition law? Environmental law? Labor law? Import/export rules?" The answer was slightly different then. "All right, I see what you mean. This does matter . . . but it does not really exist!" At this stage, I thought I had enough information and decided to reflect on those answers, which seem fairly disturbing at first glance.