INTERNATIONAL TRADE AND BUSINESS: Law, Policy And Ethics 1st Edition Peter Gillies, Gabriel Moens - Solutions

Unlock the potential of your studies with our comprehensive resources for "International Trade and Business: Law, Policy, and Ethics" by Peter Gillies and Gabriel Moens. Access our online answers key and solutions manual, featuring detailed chapter solutions and step-by-step answers to enhance your understanding. Explore solved problems and a vast test bank tailored to support your learning journey. Our instructor manual and textbook solutions are designed to provide clarity and insight. Enjoy the convenience of a free download, offering you the answers and solutions pdf you need to excel in your course.

When the patent on Machine is about to expire Manufacturer calls a conference of itself, Small Trader and Medium Trader (the Austrian manufacturer of a competing machine). The conference is held in Geneva. At that conference it is agreed that Manufacturer would share its trade secrets with Medium
After an investigation by the Commission, a finding is made that the price of 7,000 ECU charged by Manufacturer to land Machine in the EC is because the VI government has subsidised each Machine by 5,000 ECU. The Commission imposes a countervailing duty of 7,000 ECU per Machine because Medium
After the patent on Machine had expired Manufacturer found it could land Machine in the EC for 10,000 ECU and, allowing itself a profit margin of 20%, could sell Machine to the distributor for 12,000 ECU. Without any contact with Manufacturer, Medium Trader decide to sell its machine to Distributor
During an investigation into the activities of Manufacturer, Manufacturer refuses to disclose its manufacturing records to the Commission. The Commission requests your advice whether it may use Medium Trader’s records to construct a normal value.
Manufacturer wishes to argue in the ECJ that even if Manufacturer has dumped Machine in the EC market, an anti-dumping duty should not be applied because Medium Trader is not injured as its machine infringes Manufacturer’s patent, and Medium Trader is thus unable to lawfully manufacture its
After the patent for Machine has expired, even if the manufacture of Machine in VI is subsidised to 50% of the normal price, a countervailing duty will not be imposed if the machine sold by Medium Trader is freely interchangeable with Machine.Discuss.
If Manufacturer only exports Machine to Austria, and Machine is not used anywhere else in the EC, Medium Trader will not have any cause for complaint, even if Medium Trader suffers injury, as Medium Trader only operates in Austria.Discuss.
If dumping has occurred but the EC industry cannot show damage the Commission will not impose an anti-dumping duty. Discuss.
The Commission conducts an investigation into the activities of Manufacturer and find that the normal price of Machine is 12,000 ECU and the export price in the last six transactions is 14,000, 10,000, 13,000, 11,000, 15,000 and 9,000 ECU respectively. When the export price has been below the
When the patent on Machine was about to expire Manufacturer calls a conference of itself, Small Trader and Medium Trader (the Austrian manufacturer of a competing machine). The conference is held in Geneva. At that conference it is agreed that Manufacturer would share its trade secrets with Medium
A general price rise occurred in the VI and the cost of production has risen to 15,000 ECU. Manufacture does not wish to lose market share and continues its agreement with its distributor, Small Trader. Medium Trader, an Austrian undertaking making a machine which would compete with Machine,
Small Trader accepts the distributorship of Machine. It decides that it would charge 15,000 ECU per Machine but would give a discount of 1% for the purchase of 10 or more Machines and 1% for payment within 30 days. Manufacturer agrees that Small Trader may adopt the new pricing policy. Advise.
Small Trader builds up a substantial trade in Machine and Manufacturer proposes to cease operating Distributor. Manufacturer proposes to Small Trader that it should take up the sole distribution of Machine on the same terms as Distributor except that Machine would be invoiced to Small Trader at
Small Trader purchases Machine from Distributor and finds, stamped on the invoice,‘Machine is to be sold by Small Trader in Belgium at a cost of 12,500 ECU.’Advise:(a) Small Trader if it accepts the condition imposed by Distributor; and(b) Small Trader of its rights if it proposes to sell
Manufacturer come to an agreement with Distributor that the Machine will be landed in the EC at a cost of 10,000 ECU and sold to retailers at 11,000 ECU. Small Trader, a cooperative in Belgium, wishes to import Machine from Manufacturer but is referred to Distributor. Advise Small Trader.
Identify some advantages and some disadvantages in using arbitration rather than the judicial system to resolve an international commercial dispute.
What issues do the parties need to address when drafting an international arbitration agreement?
Does the legislative framework in Australia now adequately deal with international commercial arbitration?
Describe the various roles of the International Arbitration Act 1974 (Cth), the New York Convention and the UNCITRAL Model Law.
Why cannot parties to an arbitration agreement absolutely exclude judicial review?
In 1998, London and other places in the UK are plagued by riots which are sparked by the spiralling cost of beer. The worst riots occur on New Year’s Eve 1998 in Trafalgar Square where more than 50,000 people gather to protest against the high cost of beer. Speakers at the rally denounce the
There has been much theoretical discussion of the problem of the effect to be given by a national judge to a law deliberately promulgated…subsequent to and in direct opposition to a Community regulation or, indeed, to the Treaty itself… If such a case arose I suspect the solution would have to
Is a Member State of the EC entitled to rely upon the ground of ‘public morality’within the meaning of Article 36 of the EC Treaty in order to prohibit the importation of certain goods on the ground that they are indecent or obscene? Discuss the relevant case law.
Media reports in Australia and Canada in December 1996 have suggested that Australia should consider acceding to NAFTA. Accepting for the moment that this is not fanciful or remote, why should Australia consider this proposal seriously, and what benefits would accrue to Australia? In any event, how
How does NAFTA deal with disguised barriers in cross-border trade that otherwise function as impediments to trade? If you consider that NAFTA’s treatment is inadequate, then what improvements do you suggest should be made to NAFTA to strengthen the removal of trade barriers?
With reference to the text of NAFTA, discuss the extent to which the exceptions listed at p 701 of this chapter derogate from the objectives of NAFTA.
Is the principle of enhanced market access uniformly applied across all of the sectors of NAFTA? Can you identify any sectors of economic activity where this principle might be diluted, and if so, what are or seem to be the justification(s) for this derogation?
Identify the points of intersection between NAFTA and the WTO Agreement (see also Chapter 6 above).
How do individuals and other juristic persons gain access to the trade-liberalisation initiatives of NAFTA. Do you consider that the dispute settlement procedures of NAFTA are suitable vehicles to achieve this goal? What are their strengths and weaknesses and what criteria do you suggest or propose
Explain the extent to which individuals and other juristic persons have standing (or juridical personality) under NAFTA. If you consider that individuals do have standing(or juridical personality), then evaluate how effective this is in meeting the policy objectives of NAFTA?
Consider the Preamble to NAFTA reproduced at p 669 of this chapter. Discuss and evaluate the extent to which the ideals of NAFTA are borne out in the text and likely practice of NAFTA.
Ethical issues and interests are not expressly articulated in NAFTA. If this is correct, then consider whether, and if so, on what basis and to what extent, these can be derived. As an example only, is it possible to invoke considerations of, say, commercial morality and ‘fair play’ in deciding
Identify and explain the relationship between the main underlying principles that inform and shape NAFTA.
Dumping is widely thought to be unfair and injurious to America’s domestic industries. But an increasing number of trade commentators argue that dumping is generally beneficial to the importing country and that anti-dumping laws harm the prospects for world trade liberalisation.Answer the
‘The decision by the European Union to discontinue dumping and countervailing actions among its members, and the likelihood of the proposed FTAA doing the same, will sound the death knell of all anti-dumping and countervailing measures internationally.’ Discuss.
‘The length of time it takes to make a final determination and impose duties on dumped or subsidised imports is so great as to be of little help to domestic industry.’Discuss.
‘Given the facility to take anti-dumping or countervailing action, there is no need to have additional provisions for safeguards as provided by Article XIX and the Safeguards Agreement of GATT 1994.’ Discuss.
‘In the perfect free trade world neither anti-dumping nor countervailing action would be necessary.’ Discuss.
If dumping or subsidy is finally determined, to what extent can duties be levied retroactively?
Are the governments of exporters involved in allegations of dumping or subsidy made aware of action against their nationals?
What action can the authority take on a positive preliminary finding of dumping or subsidy?
As a domestic producer you hear that as a result of your petition the authority has determined that the subject product has not been dumped or that there is no material injury to the domestic industry. What further action can you take?
What is the alternative to the levying of duties on goods found to have been dumped or subsidised?
As an importer you believe that anti-dumping duties have been unfairly levied on your goods. What right do you have to appeal that decision?
What is meant by the phrase ‘to suspend liquidation’?
Who is responsible for collecting the duties finally levied as the result of an investigation?
What time-scale can you expect to be applied between the petition and the final determination in an anti-dumping or countervailing investigation?
Is a country other than the importer and exporter able to cause anti-dumping or countervailing duties to be levied on imported goods?
What public notices must be published in the course of an investigation of dumping or subsidisation?
Are you as an importer required to disclose sensitive or confidential information to an authority in an investigation? If not, what may you be required to do?
Are developing countries exempt from countervailing action?
What subsidies are countervailable and why?
Who is responsible for preliminary determinations of material injury?
In such an investigation the margin may be found to be de minimis. Exactly what is this and what is the effect on the investigation?
Define ‘normal value’ and ‘dumping margin’ for the purpose of an anti-dumping investigation.
To whom is such a petition addressed? What action is then taken, prior to an investigation, and by whom?
Who can initiate an anti-dumping or countervailing petition? What support must it have from domestic industry?
If a country exports subsidised agricultural products to your country, those products may not be able to be levied with a countervailing duty. Why?
Define ‘dumping’ and ‘countervailing’ with reference to the GATT Agreements.
What is the difference between the regimes of safeguards and anti-dumping or countervailing? How does your country implement the former?
What statutes were introduced following the completion of the Uruguay Round of Trade Talks to update national legislation?
How does an agreement of the World Trade Organisation become law in your country?
What are the basic principles of the agreement on trade related aspects of intellectual property rights?
Discuss the General Agreement on Trade in Services.
What is the World Trade Organisation?
Why is the Uruguay Round of GATT considered so important?
How does a country become a contracting party to the GATT?
Is Article XXIII adequate insurance to a member who has suffered harm as a result of a waiver?
Outline the waiver provisions of Article XXI.
Discuss and evaluate the new panel system of dispute resolution in the GATT.
What are the weaknesses in the GATT dispute settlement mechanism?
Outline the GATT dispute settlement mechanism.
Which clause of the GATT provides for amending procedure? What is this procedure?What happens when new circumstances arise and GATT does not cover the situation?
National health, safety and security concerns allow a country to abuse the GATT.Discuss.
What is a customs union and the meaning of free trade areas under the GATT?
Discuss the use of quotas in the GATT.
Outline the escape clause of Article XIX.
‘GATT is full of exceptions’. Discuss.
Article XVII of GATT refers to state trading. What does this mean? Consider the position of market economies as against socialist economies.
Outline the meaning of ‘subsidies’ and ‘countervailing’ duties.
Outline the national treatment obligation in the GATT.
A central feature of the GATT is the non-discrimination principle. Discuss.
Describe the most-favoured-nation principle of the GATT.
Article II is pivotal to the GATT. Why?
Assume that a letter of credit opened by the buyer does not conform with the underlying contract. In what circumstances will such letter of credit bind the buyer and seller? Consult Alan v El Nasr Import and Export [1972] 2 QB 189.
The Forgan Smith Bank Ltd, an Australian bank, received a cable from an English company, Better Living Ltd, requesting that an irrevocable letter of credit be opened in favour of Furniture Unlimited and Co which have their Head Office in Brisbane, Queensland. Better Living Ltd instructed the Forgan
An exporter of goods and the purchaser of those goods may adopt the letter of credit as the method of payment.Discuss (i) the nature of this method of payment; (ii) the circumstances in which this method would be appropriately used; (iii) the manner in which this method of payment addresses an
The Deflatable Toy Co, located in South Bend, Indiana (buyer) was the purchaser of a consignment of deflatable plastic toys, manufactured by Toyworld, Brisbane, Australia(seller). Payment for each shipment of toys was made by a confirmed irrevocable letter of credit (LC) issued in favour of
What are the main provisions of the IATA Intercarrier Agreement 1995 and what effect do these have on the limitation of liability of the airlines subject to the 1995 IATA Agreement for passenger injury and death?
Ticket cases of former times were concerned with railways, steamships and cloakrooms where booking clerks issued tickets to customers who took them away without reading them. In those cases, the issue of the ticket was regarded as an offer by the company. If the customer took it and retained it
Is Singapore airlines liable for misconduct, and, if so, on what basis? Abalone consigned to Kaisha Imports (Yokohama) to be sent to Japan on a Nippon Airways flight are taken by road by Expresslines Ltd from Clayton to Tullamarine International Airport and warehoused there in premises controlled
Hi-tech Industries of Geelong consign computer software in packages to Ansett in Melbourne. These are to be sent from Tullamarine International Airport and flown by Singapore airlines to London. The packages are labelled ‘heat and moisture sensitive’ and ‘keep dry’ with umbrella signs on
What are the differences between the Commission’s risk rate and the owner’s risk rate offered by the National Rail Corporation?
Outline the development of the uniform road transport law and indicate the main issues that have arisen regarding its scope and implementation.
Express Carriers Pty Ltd agree to carry cartons of cigarettes for Supermarket Supplies Pty from Burnie to Hobart. The deal is made on the phone and on arrival the Express Carriers driver obtains a signature from an employee of Supermarket Supplies on a consignment note issued by Express
Obtain a carriage document (road, rail or air) used by a transport or distribution operation (either one it issues or is issued to it by a carrying firm). Read through it carefully and identify the clauses that set out the following:(a) limit the liability of the carrier (that is, for negligence,
The Advisory Committee on Trade and National Economic Management suggested various changes to the Constitution to assist the Commonwealth in the co-ordination and regulation of a national transport system. What were these recommendations and are they justified? (see report of the Trade and National
What are the main provisions in the Constitution that impact on the regulation of land and air transport in Australia and to what extent have these provisions been used by the Federal Parliament to successfully regulate transport in Australia?
A load of chicken feet was shipped from Brisbane to New York, CIF New York.Before the cargo was shipped or the bill of lading issued, the ship’s agent promised the shipper orally that the cargo would arrive in New York by June 30, 1995. On shipment a bill of lading which incorporated the Amended
Printing Press Ltd, an American manufacturer of printing presses located in New York, enters into a contract with L’Awful Printing Pty Ltd, a Sydney based company in Australia, for the international sale of a printing press.The contract of sale calls for a documentary sale, CIF Sydney. The

Showing 1 - 100 of 823

INTERNATIONAL TRADE AND BUSINESS: Law, Policy And Ethics 1st Edition Peter Gillies, Gabriel Moens - Solutions

Step by Step Answers