Questions and Answers of International Business Law

1. Would the Nelsons have had a claim in U.S. courts if the employment contract Mr. Nelson had signed in the United States had expressly agreed not to detain him in the absence of criminal activity?
Beginning in 1995, both Presidents Clinton and Bush issued several executive orders under IEEPA declaring a national emergency in dealing with terrorism. The Department of the Treasury issued
U.S. antitrust law reflects U.S. economic policy. If U.S. antitrust law resolves an economic dispute among British companies, has U.S. economic policy been extended to Britain? What are the
In Alcoa, Judge Hand points out that even agreements to restrict trade only in Europe and South America would have anticompetitive repercussions in the United States. What additional element did he
Your employer, Ortiz-Hartman Steel Limited, is a specialty U.S. steel manufacturer. Over the past several years, OrtizHartman has been underpriced in its specialty steel submarket by a manufacturer
Despite the Montreal Protocol, the nation of Livy continues to produce CFC-emitting refrigerators and to export them to nations throughout the world. A number of governments object to Livy’s
1. Why did the EEOC file a complaint against NCGA for a position Reyes-Gaona was applying for in Mexico? 2. Could American firms avoid the ADEA by conducting the hiring process in
Your firm, Flyboy, Inc., is a successful U.S. manufacturer of aircraft. Flyboy would like to expand its market to Pamonia, a small, oil-rich kingdom that was once an Italian colony. The principal
1. How important are the following two representations made by the Requestors to the DOJ’s decision? (a) The Requestors will not give any money directly to the foreign officials but will pay
1. What is the “special character” of Law 194/93, and how is its purpose achieved? 2. How does the court justify not implicating the social order of Paraguay? The Paraguayan government
You intend to obtain a saw blade produced in England and then ship it to China to be assembled with a handle that is manufactured in China. The finished saw is then packaged in China for export. What
1. When a court reviews a classification ruling, is the court free to disregard the position of Customs and consider all the evidence anew? Must the court give complete deference to Customs’
1. What purposes do FTZs serve? Why did Congress establish them? 2. What were the advantages to Nissan by assembling automobiles in an FTZ? How many can you list? 3. Why could Nissan not
What makes an import practice “unfair”? What remedies are available under U.S. law to protect domestic industries from unfair import competition?
Why does the U.S. Congress subsidize agriculture? What is the economic impact of subsidies on worldwide agricultural prices? Why are subsidies a subject of dispute between the United States, Europe,
A country enacts a law that denies import privileges for five years to any firm that “dumps” products for sale in its markets at less than normal value. Do the WTO antidumping agreements permit
In an anti-dumping investigation, the ITA finds that the dumping firm was experiencing a downturn in its domestic economic cycle and that there had been no intent to harm a U.S. industry. Can
Assume the United States and Japan are unable to resolve a trade war over trade in automobiles and auto parts. Acting unilaterally, the United States imposes punishingly high tariffs of 100 percent
In 2002, the U.S. Congress passed a law requiring the Department of Agriculture to develop country of origin label (“COOL”) requirements for fresh meats, fish, fruits, and vegetables sold to
The Trade Expansion Act of 1962 as amended by the Trade Act of 1974 states that if the secretary of the treasury finds that an “article is being imported into the United States in such quantities
Together, North Carolina, South Carolina, and Georgia produce a large amount of cotton each year. In an effort to protect their farmers from overseas competition, the governors of these three states
The seller of goods has a right to proceed judicially against an issuing bank that dishonors its obligation under an irrevocable letter of credit, just as the seller has the right to proceed directly
The buyer, a Peruvian company, entered into a contract to purchase glass fibers from an English seller. Payment was to be made under an irrevocable letter of credit confirmed by Royal Bank of Canada.
1. What basic principle of letter of credit law does this decision challenge? 2. How would the result be different if the draft and documents had been sold and negotiated to a holder in due
Allied Chemical, a U.S. exporter, shipped chemicals to Banylsa in Brazil under bills of lading showing that the goods were consigned to the order of Banylsa. Allied sent the bill of lading, draft,
1. If the contract stated that it was governed by the laws of Germany, why did the court apply the law of the CISG?Shared Imaging, an American company, agreed to purchase an MRI machine from
A German seller sued a Russian buyer because the buyer failed to pay for the equipment supplied to the buyer pursuant to their contract. The buyer acknowledged it had received the goods but said its
Rotorex, a New York corporation, agreed to sell air compressors to Delchi, an Italian company. The compressors were for use in producing Ariele air conditioners. The first shipment reached Delchi,
1. What were the court’s holdings with respect to place of business, choice of applicable law and preemption of state contract law? 2. On what basis did the court conclude that the parties had
1. What was the ostensible purpose of the Italian law? What was its effect? 2. Why was the law not found to be discriminatory? 3. Assume that a municipality in a foreign country passes a
Badbusinessbureau.com was a limited liability company organized and existing under the laws of St. Kitts/Nevis, West Indies. Badbusinessbureau owned and operated “The Rip-Off Report,” a Website
In 1995, Jorge Luis Machuca Gonzalez purchased a Chrysler LHS in Mexico. In May 1996, Gonzalez’s wife was involved in a collision with another moving vehicle while driving the Chrysler LHS in
Two teenagers residing in North Carolina were fatally injured when the bus upon which they were riding overturned on a roadway outside of Paris, France. The parents of the decedents brought a lawsuit
Sarl Louis Feraud International is a French corporation that designs high-fashion clothing and other items for women. Viewfinder, Inc., a Delaware corporation, operated a Website called “firstView.
1. What was the court’s holding with respect to the enforceability of the choice of law clause? 2. What factors did the court use in its decision to uphold the choice of law
1. What were the court’s reasons for refusing to apply forum non-conveniens to this case and requiring refiling of the litigation in Colombia? 2. Does the court’s opinion reward forum
Describe the five theories of international criminal jurisdiction. How have these been made applicable to international terrorism? What types of crimes are covered under the principle of
Why must corporations be concerned about human rights issues when doing business internationally? Who are the “stakeholders” of a public corporation, and what is management’s responsibility to
Internationalists often refer to the “unification” or “harmonization” of international law. What do you think these terms mean? What factors have influenced the harmonization of international
How does international business differ from the domestic business? Explain how those differences affect the risk of doing business internationally. What factors influence that risk?