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business ethics
International Business Law And The Legal Environment 3rd Edition Larry A DiMatteo - Solutions
ReviewtheBojangles, Plas, Grifoni, and SA Pasquasy cases on preliminary agreements and culpa in contrahendo and answer the following questions. What could the party being sued have done differently to avoid liability? Would your answer be different under U.S. law as compared to civil law?
Two firms work together to prepare a complex bid for a buyer. One firm (Company A) dropped the other (Company B) before getting the bid.Afterworking for some time on specifications, negotiating with the buyer, and being chosen as a final candidate for the job, Company A told Company B that it was
Justice Cardozo noted a profound change in the law of contracts and the reduced role of formality as a requirement for contractual liability in the following quote: “The law has outgrown its primitive stage of formalismwhen the precisewordwas the sovereign talisman, and every slip was fatal. It
Make a list of countries that you are unsure have what type of legal system and go to: “Listing of Legal Systems” in the CIA World Factbook at https://www.cia.gov/library/publications/theworld-factbook/fields/2100.html#136.
Review the following sources to gain a better understanding of Roman law: https://www.law.berkeley.edu/library/robbins/RomanLegalTradition.html(Roman Legal Tradition and the Compilation of Justinian); http://romanlegaltradition.org (Roman Legal Tradition). See also, Franz Wieacker, “The
Connect the items on the left with the terms thatare most clearly related on the right (answers over the page): i Legal Tradition ii Legal Family iii Legal System iv Corpus Juris Civilis v Writs vi Sunna vii "Face-saving" viii Courts of Equity ix Qing Code x Napoleonic Code a. social and legal
How is the common law different from the civil law? Statutes have proliferated in both common and civil law countries, so how can it be said that the common law is judge-made law? What is the difference between the role of statutes in the common versus the civil law?
What roles does Confucianism play in modernday China? How does its influence affect the negotiation and drafting of contracts?
How do a country’s cultural values and practices affect its legal tradition? How does a country’s culture impact the role of law in society? How does culture impact on private parties’ use of the courts and legal system? Most importantly, how do cultural values and the view of the role of
What are the major legal traditions in the world, and what are their distinctive characteristics?
Go to the Transparency International web site at www.transparency.org. Research the rates of corruption and the criteria used for the rankings and compare the BRIC countries (Brazil, Russia, India, and China), as well as Japan, Republic of Korea(South Korea), Taiwan, Singapore, and Malaysia.
Use the web site http://www.lawinfochina.com to research one of China’s provinces for the purpose of doing business. Select a rural province and compare its environment and laws for doing business as compared to doing business in Beijing or Shanghai.
Does China have adequate laws for protecting intellectual property rights? Why is the counterfeiting and piracy of goods protected by patent and trademark law so common in China? What can your company do to protect its rights? What provisions should be incorporated into your licensing contracts?
Ethics Question: How should a company respond to China’s discrimination of certain minority groups and human rights violations? How does your company deal with the prevalence of corruption in government agencies? See Chapter 2.
What issues does the size of the population of China and the low per capita income present to a company wanting to establish a presence in China? How does this affect the types of products and the marketing of those products in China?
What are the benefits of establishing a business in Hong Kong and not in Mainland China? What is the strategic value of placing your business in Hong Kong?
What are the differences between the legal systems of Mainland China and Hong Kong? How is the role of law in society? What is the differences between the “rule of law” in Hong Kong as compared to Mainland China?
What is the difference played by the Chinese Constitution as compared to the U.S. Constitution?Which one is easier to amend?
What is the difference between international business transactions (exporting or importing of goods, services, or intellectual property) and “doing business” in a country? What are the benefits of establishing a business in China? What are the risks of doing business in China? How can a
Review the Europa web site (official web site of the EU) at http://europa.eu. Pretend you are deciding on whether to establish an office in Italy, Hungary, or Czech Republic. Go to the web site, click on “countries” under the category“How the EU Works,” and do some preliminary research.
Compare the United States Bill of Rights (First Ten Amendments to the U.S. Constitution)(available from many online sources including:http://www.archives.gov/exhibits/charters/bill_ of_rights_transcript.html) with the European Union Charter of Fundamental Rights (available at
Review the issues and provisions of the proposed free trade agreement (Transatlantic Trade and Investment Partnership or T-TIP) between the United States and the European Union. What areas does the T-TIP cover? Why is the T-TIP important?
Corruption has been a major problem in some of the newer members of the EU and in former countries of the Soviet Union. For example, the Transparency International’s Corruption Index for 2014 ranked the following European countries out of 175 countries (1= least corrupt; 175=most corrupt, and
Bulgaria is one of the poorer countries within the EU and does not seem to have benefited as much as other countries from its integration into the EU.Poland has proven to be a fully functioning democracy and was the only EU country that had relatively high growth rates during the “Great
The Schengen Agreement was meant to erase the national borders between countries to allow the unrestricted movement of persons. Immigration from crises in Africa, Syria, and internal migration from poorer to richer countries of the EU has led some countries to question the benefits of being a
Why would EU lawmakers choose the directive form of law over the regulation form of law?What difference does it make to EU nationals and companies? Why would the directive form of law influence a foreign (non-EU) company in choosing an EU country to invest or establish an office?
Match the terms on the left with the ones on the right (answer key is given on p. 254): i. Direct Effect ii. Equal Treatment Directive iii. Maastricht Treaty a Principle of Legitimate Expectation b. MEQRS c. European Convention. on Human Rights iv. Indirect Discrimination d. Principle of Mutual v.
How can U.S. companies identify tariffs on exports to FTA partner countries? Pick a product and use export.gov’s “FTATariff Tool” to determine the tariff, or tax at the border, that U.S. FTA partners will collect when a U.S. exported product enters the country. You can look up the tariff rate
For information on trade in services, visit https://ustr.gov/issue-areas/services-investment/services.
NAFTA allows private companies to file complaints of alleged dumping of goods and to request an investigation under NAFTA investigation procedures.Review one of the following sites to see the requirements for filing a complaint and the evidence required to be shown to instigate an
For more information on sanitary and phytosanitary(SPS) measures, visit: https://www.wto.org/english/res_e/booksp_e/agrmntseries4_ sps_e.pdf.
For more information on technical barriers to trade(TBT), visit www.ustr.gov/trade-agreements/wtomultilateral-affairs/wto-issues/technical-barrierstrade.
Look up the products linked to the following harmonized tariff schedule (HTS) classification numbers and answer the questions posed above in Question 5: 0902.10.10 (“flavored tea” in Chapter 9 of the HTS) and 4101.90.40 (“raw hide, vegetable pretanned” in Chapter 41 of the HTS). The HTS can
Outside of the preferential tariffs rates offered under free trade agreements, there are a number of worldwide and preferential tariff rates offered to lesser-developed countries under such instruments as the generalized system of preferences(GSP), Caribbean Basin Initiative (CBI), Andean Trade
Match the items on the right column with the appropriate items on the left column (answers over the page): ii i Rules of Origin Regional Goods a Host Country Laws b Government Procurement of $100,000 iii Foreign Trade Zone C ECCN iv ICSID v Creeping Expropriation vi Technical Barriers to Trade vii
What are the differences between NAFTA and the common market of the European Union? See Chapter 8 on the “European Union.”
What are free trade zones, and what benefits do they provide to manufacturers or suppliers and the host country?
What are the differences between free trade agreements and bilateral investment treaties?
How does the new United States Automated Export System work? See U.S. Customs and Border Protection website at http://www.cbp.gov/.
You have completed an export contract and need to ship goods from Miami, Florida to Buenos Aires, Argentina. Determine which shipping lines are available for such a shipment and research the documentation needed for such a shipment. See the following web sites: http://www.mgn.com/ (“Maritime
Research the customs law of Japan and compare them to those of the United States. To compare the customs law of another country, see the web site for Japanese Customs at http://www.mof.go.jp/english/customs_tariff/index.html.
You are an importer of outboard motorboats from South Korea. Search the harmonized tariff schedule (HTS) at https://hts.usitc.gov to determine the duty rate you will be required to pay.
Visit the web site of the United States Customs and Border Control (CBP) at http://www.cbp.gov/trade/automated/getting-started in order to learn about its electronic filing system.
Import documentation requirements and other regulations imposed by foreign governments vary from country to country. It is vital that exporters be aware of the regulations that apply to their own operations and transactions. Many governments, for instance, require consular invoices, certificates of
William C. Dart sought to overturn a decision by the Secretary of Commerce imposing civil sanctions for violations of the Export Administration Act. The Export Act precludes judicial review of such fines under its so-called “finality clause.”What are the competing concerns of the person fined
percent materials from countries other than Canada. The CBP imposed a tariff of 0.19 percent on aluminum ingots imported from Canada.The Court of International Trade ruled in favor of the CBP, finding that the aluminum underwent “substantial transformation” because a foreignorigin substance
The CBP classified aluminum ingots that were shipped to the United States from Canada as not of Canadian origin. The ingots contained less than
Review recent WTO decisions that highlight the intersection between trade and environmental issues.See, for example, http://www.worldtradelaw.net.
Read the overview of the WTO and GATT at http://www.wto.org.
Review recent developments in the area of trade law by reviewing the following web sites: http://www.jus.uio.no/lm/international.economic.law/itl.html and http://www.ita.doc.gov (U.S.International Trade Administration).
Ralph Nader and Lori Wallach had this to say about the World Trade Organization: “The binding provisions that define the WTO’s functions and scope do not incorporate any environmental, health, labor, or human rights considerations.There is nothing in the institutional principles of the WTO to
One can argue that regional trade areas like the European Union work like “mini-GATTS.” In such systems it is inevitable that national concerns and sovereignty will conflict with the free trade dictates of the union. National subsidies traditionally given to domestic agricultural industries are
The United States had requested that a WTO Dispute Settlement Panel review an alleged Canadian violation of the intellectual property provisions of TRIPS. The United States argued in its complaint that the TRIPS Agreement requires WTO members to grant a minimum term of protection to all patents
How can one reconcile restrictive immigration policies with the notion of free trade? Why should goods, services, and capital be allowed to move freely and not persons? How do the restrictive immigration laws sanctioned under NAFTA compare with the EU’s “Four Freedoms” of goods, services,
The United Nations Conference on Trade and Development (UNCTAD) asserts that the 48 poorest nations of the world, including 33 in Africa, are failing to benefit from globalization and freer trade. In fact, there is evidence that poverty is worsening in many of these countries. What can be done to
The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT) related to national standards may act as disguised barriers to trade. What are the differences in coverage between the SPS and TBT? Can the SPS and TBT both apply to
How can the free trade mandate of the World Trade Organization(WTO) be reconciled with the concerns of labor, environmental, and consumer groups?What is meant by the word free in the term free trade? Does free mean no restrictions on the flow of labor, capital, goods, services, and
Review the index of the 35 international conventions sponsored by the Hague Conference on Private International Law at http://www.hcch.net/e/conventions/index.html.
Review the model arbitration and mediation clauses published by the International Chamber of Commerce at http://www.iccwbo.org/index_ court.asp.
A U.S. seller and an English purchaser of services enter into a contract for servicing of heavy machinery at the purchaser’s factory. The service contract included an exculpatory clause that relieved the seller of all liability relating to his work. U.S. law generally enforces such clauses, while
Pursuant to a request by a foreign court, a legal alien resident of the United States is asked to testify about his activities duringWorldWar II and his immigration to the United States. Can he be compelled to testify against himself? Does the Fifth Amendment’s privilege against
Your son has been killed in a car accident in a foreign country. You believe a U.S. agency is withholding information that may provide insight into the cause of the accident. You file a motion to compel the agency to comply with your subpoena requesting certain documents.Will the court compel the
Several securities investors who were customers of a broker signed a standard agreement that included a clause requiring the arbitration of any controversies relating to their accounts. When the investments turned sour, the investors sued the broker and the broker’s principal in the United States
Abraham Lincoln once gave this advice relating to litigation: “Persuade your neighbors to compromise whenever they can. Point out to them how the nominal winner is often the real loser—in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good
Research the status of franchising in a foreign country. A good place to start is the web site for the International Franchise Association at http://www.franchise.org. A growing number of national franchise associations, along with the European Franchise Federation, can also be assessed.
Research a foreign country or countries for opportunities and restrictions on the different ways of transacting business discussed in this chapter using the U.S. Department of State’s Country Commercial Guides. Individual Country CommercialGuides can be obtained at http://www.state.gov.
What are some of the issues that potential joint venture partners need to discuss in detail before entering into an agreement? Discuss some of the contractual clauses that can be incorporated into an agreement in order to minimize potential conflict.
What does the phrase “piercing the corporate veil”mean? When might the corporate veil be pierced?How does this philosophy compare with that of many of the United States’ trading partners?
Select two of the following countries: China, United States, Japan, Germany. Compare and contrast corporate law in the two countries you have selected. Discuss how corporate law reflects society’s fundamental view of the role of the corporation.
Read the following articles and do a comparative analysis: Ronald J. Gilson and Mark J. Roe,“Lifetime Employment: Labor Peace and the Evolution of Japanese Corporate Governance,”99 Columbia Law Review 508 (1999); Mark J.Roe, “German Codetermination and German Securities Markets,” 1998
Review the web site of Sweatshop Watch for recent developments involving the problem of low labor standards in the international production of goods: http://www.sweatshopwatch.org.
Review the Corruption Perception Index published by Transparency International at http://www.transparency.org.
You are in charge of preparing a budget report for a project that will be presented to the board of directors.Just before the board meeting, the president of the company asks you to leave something negative out of the report and just add it to the next report as a favor. What do you do?a Yes, since
You have been asked to work with the publications team on a press release for a new product that you worked to develop. However, the product did not turn out as well as promised in earlier press releases.How much do you reveal in the press release?a You do not reveal the new information, in order
You are on the hiring committee for a key position at your company. Awoman interviews for the job and, although you do not ask, it comes out that she wants to start a family. Can you factor in that there is a likelihood she may leave or take a maternity leave in the near future?a Yes, you can
You are a middle-level manager with no accounting experience, and a new company policy requires you to sign the balance sheet and tax information for your department. What do you do?a You sign it because it is required and you are not expected to know whether it is accurate.b You ask someone more
You are an office manager, and one upper-level manager has repeatedly used the company credit card for personal expenses. How do you handle the situation?a You do nothing because the person is higher up in the organization.b You confront the person and hope that it will not affect your job.c You
Define and give an example of each of the following concepts:1 Ethical Relativism 2 Distributive Justice 3 Dominant Consideration 4 Ethics of Care 5 Problem of Subordinate Responsibility 6 Theory of Relative Development 7 Routine Government Expenditure 8 Bona Fide Expenditure 9 Third-Party Bribery
One of the negative by-products of the corporate ethics movement is a decrease in employee privacy.In order to ensure ethical compliance in the workplace, employers will feel pressure to monitor employee activities. To discourage employee misbehavior, employers have begun to monitor employee use of
In 1971, John Rawls published his masterwork, A Theory of Justice. Simply stated, he equated justice with notions of procedural fairness. Rawlsian justice judges a decision or rule on whether it was arrived at through a process of procedural fairness.Thus, a decision is just or ethical if it was
It is currently estimated that only 13 percent of middle managers posted overseas by U.S. companies are women, even though women make up nearly half of the middle managers at these companies.What do you think are the reasons for such an imbalance? At the same time, a poll of human resources
What are the elements of an effective ethics or environmental compliance program? How would you develop an ethics or environmental compliance program that would satisfy the dictates of the Federal Sentencing Guidelines for Organizations?See Paul Fiorelli, “Fine Reductions through Effective Ethics
Lord Coke had this to say about bribery: “Though the bribe be small, yet the fault is great.” Do you agree that the size of the bribe is unimportant in determining legal or ethical wrongdoing?
Your company transfers you to a foreign subsidiary as an assistant manager of operations. The purpose of the assignment is to be trained by one of the company’s “top managers.” Soon after arriving you discover that the manager had instituted an unusual accounting system. You have no real
You have obtained a U.S. government grant to help train physicians in a developing country on new techniques for fighting AIDS. While working within the developing country’s Ministry of Disease Control you have uncovered evidence that certain monies received through the International Red Cross
Your company has been trying for more than a year to obtain the assets of a formally government-owned petroleum business. However, the approval process and review of the contract documents have been held up for months in the government bureaucracy. An official approaches your Vice President of
What is the difference between a bribe and a facilitation fee? Does it make a difference if payments or bribes are a crime in a foreign country, but such crimes are not enforced? If such payments are not considered illegal in a foreign country, is it proper to make such payments? From an ethical
Devise a program for your company to ensure compliance with the Foreign Corrupt Practices Act. What is the importance of corporate culture to any such compliance program? See Goelzer,“Designing an FCPA Compliance Program:Minimizing the Risks of Improper Foreign Payments,”18 Northwestern Journal
How can a parent company insulate itself from liability under the Foreign Corrupt Practices Act for acts of its foreign subsidiaries, affiliates, and partners? See Brown, “Parent-Subsidiary Liability Under the Foreign Corrupt Practices Act,” 50 Baylor Law Review 1 (1998).
Using the template “A Step-by-Step Approach to Market Research” provided earlier in the chapter, write a market research report for a small American electronics company that produces portable radios and MP3 players, using the following readily available resources: U.S. Commercial Services at
Your company manufactures a popular brand of clothing with a world-recognized trademark. You are asked to prepare a political risk report on exporting to two countries in Europe of your choosing. One country is to be a member of the European Union and the other is in Eastern Europe.Compare the
Search the web for sites of international law firms that provide assistance to companies undertaking international business transactions. Some of these sites provide interesting articles and links to current developments in the law of international business transactions.
The more than 50 Trade Policy and Programs(TPP) professionals and staff, in partnership with agencies across the federal government, work to maximize the benefits of open markets for global economic development, address and resolve trade disputes, and improve access for U.S. goods and services
Review the web site of the World Intellectual Property Organization at http://www.wipo.org for materials that would be of assistance to someone contemplating the international licensing of intellectual property rights.
Review the online catalog of materials published by International Chamber of Commerce Publishing, SA, at http://www.iccbooks.com.
Review the web site of the International Court of Justice for information on current court cases:http://www.icj-cij.org.
Your company is contemplating exporting goods to the following countries: France, Hungary, and Nigeria. Research the following: (1) the currency of each country and the current conversion rate into U.S. dollars and (2) restrictions in each country pertaining to the conversion of the national
A U.S. businessperson enters into a joint venture with an Italian company in the business of manufacturing and selling agricultural and vegetable products. The joint venture agreement gives the U.S. businessperson a 50 percent equity ownership in the joint venture. The parties also enter into a
As Vice President for Foreign Operations of a U.S.multinational corporation you have been asked to prepare a report for the Board of Directors regarding“doing business” in Germany and Nigeria.Please discuss the following in your report: (1)the different ways of “doing business” in foreign
You are a manager at a U.S. company that manufactures moderately priced personal computers.The company is contemplating expanding overseas with an initial emphasis on exporting to Latin America. You have been assigned the task of preparing a preliminary market analysis for the country of Brazil.
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