Critically analyse the extent to which the courts rely on policy Essay

Critically analyse the extent to which the courts rely on policy considerations when determining international trade cases - Essay Example This aspect has been the most significant hindrance to solving international trade cases. However, with globalization being on the increased, this notion can be easily changed. Major international bodies have come up with common policies, rules and regulation that create equality in the international market. According to Economist1 (2008) equality in the international market can only be achieved through creation of common international trade policies. This move has gone a long way in ensuring even small countries get the maximum market exposure as the market heavyweights. International market policies did not favor such countries. As much as these policies have been formulated, the courts and the judicial systems have the obligation of ensuring that these policies are adhered to. Just like any other court or justice system, the law governing international trade cases has an extent that a court may alter when need be. This has been a source of debate from many analysts who argue that international trade policies should not be altered regardless of the situation in question. Should there be an extent at which a court should adhere to international trade policies? What conditions should a case have in order to have the international laws stretched? What are the positive and negative effects of stretching the international trade polices? . According to Ahn, Fukao & Ito2 (2005) the reliance of the courts to international policies has enabled justice to prevail in the international market. The extent of the court reliance on the international policies is stipulated by the law. These laws are formulated in regards to the norms of the international market. These laws are a formulated by the joint opinion of major financial regions. This enables the laws formulated to be efficient and considerate to all requirements of these zones. After these laws are formulated the courts are given the responsibility of ensuring that the laws are practiced in full force. Major laws an d policies involved in the international market are based on licensing and legality. In licensing the courts only require to adhere to the requirements of the international law. In the international market, licensing involves legalizing business enterprises to export and import goods and services across the globe. Legalizing of business enterprises is based on their mode of operation and organization structure. The operations an organization carries out should be in line with the legal and international market requirements. For instance, the trade of illegal goods is strictly prohibited in all market regions across the globe. In ruling on a case involving the trade of illegal goods, the courts need to pass judgment regarding the requirements of the international policies. However, in this scenario there may exceptions which are due to different policies in different nations. For instance, with the legalization of the marijuana in a state in the United States, international law prohi biting the trade of marijuana should not govern this particular state. In this case, the court is forced to consider the law governing the trade of a particular product in a particular region. It is in such a scenario that the court needs to alter the international trade policies. From this scenario, one could argue that the court may alter the international trade policies to a certain extent. For instance, if two countries in different