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international business law
Questions and Answers of
International Business Law
Across the world there is a great deal of variation in the minimum age a person can be held responsible for his or her criminal actions. What are the advantages and disadvantages of having a low
Which developed countries appear to be the most lenient in their treatment of juvenile offenders, and which appear to be the most punitive?
What are some of the differences between juvenile justice systems in the United States and England? Identify two or three key differences and discuss how these differences could benefit the other
Alvin, Bob, Calvin, Don, and Edgar are friends who enroll in a university course to study international business law. The textbook required for the course costs $50, which the five friends agree is
Elvira is an abstract painter with incredible talent but little fame. One of her paintings, entitled Blue Lady 13, is a work of intense power and sensuality. In 1990, she sold it to Mega Company for
The First-to-Market Computer Software Company owns the copyright to a highly successful spreadsheet program—Blossom 3-2-1—which has dominated the worldwide market for several years. Recently,
The Whopper Co. is a manufacturer of gumballs. The technology and know-how to do this are well known in the scientific and engineering community in Whopper’s home country, where gumballs have been
Jacques Pierre manufactures and sells a line of perfume—Le Peux—in distinctively shaped containers that are instantly recognizable.May Jacques Pierre register the shape of the containers as a
Barley Beer Co. owns the trademark “Super Suds” for use on bottled and canned beer in Country X. Barley has not used the mark in Country X for six years. Hops Beer Co. would like to use the mark,
“Preventing the importation of gray goods legitimately manufactured outside the country is, in reality, injurious to consumers and contrary to basic principles of unfair competition laws.”
Japanese firm, Omega Company, manufactures cassette tapes with the trademark TXX. Omega licensed Alpha Company to distribute and sell the tapes in Australia and Sigma Company to do the same in South
The world’s seven principal manufacturers of widgets have entered into an agreement to exchange with each other for a period of seven years all of their patents, petty patents, and know-how, and to
The Slinky Co. is a manufacturer of revealing bedroom apparel, especially negligees and pajamas, which it sells through franchised retail outlets that operate under its trade name. The franchisees
The Harvester Company entered into a contract with Country R to harvest lumber on government land in Country R for a period of 20 years. The contract provided that if there were any disputes, the
Several years ago, a multilateral treaty came into effect among some 45 countries, including most of the major developed countries of the world. The treaty, known as the Outer Space Treaty, forbids
Tvern, a governor of the Republic of X, broke into the house of Mr. Different. Tvern tortured him and seized his property for complaining about the state of the economy. Mr. Different illegally
General Felix Raj is currently being prosecuted by the International Criminal Court (ICC) for various crimes against humanity committed in the Republic of A. General Raj has argued that he has merely
A river runs through State A and State B. State A is comparatively economically underdeveloped and has laws that its chemical industries have to process sewage before discharging the wastes into the
State A and State B share a common border. State A has ratified the UN Convention on the Prevention and Punishment of the Crime of Genocide; State B has not. State A has entered into a treaty
Cue Co., a large multinational enterprise incorporated and headquartered in Country Q, owns and operates a banana plantation in Chiquitaland, a small and less developed country. Rebels, with whom the
G, a cabinet minister of the Republic of V, defects to the Republic of Y. Here he discloses that General A of the Republic of V has been ordered to kidnap the President of Y's daughter. G also
The Republic of Tavern and the Democratic Republic of Pub had been engaged in armed conflict when a small fishing vessel was captured just outside Pub's exclusive economic zone by a Pub warship and
The Big Co. is incorporated and headquartered in Country K, but the majority of shares are owned by shareholders who are nationals of Country M. In 1980, the Big Co. obtained an oil concession in
In the preceding question, assume that Country K decides not to assert any claims on behalf of either Big Co. or Little Co. May Country M do so? Discuss.
MNF, Inc., a large multinational firm incorporated and headquartered in Country C, entered into an investment agreement with Needyland, a small less developed country. MNF agreed to set up a mine to
Assume in the preceding case that MNF, Inc., had purchased political risk insurance from an agency of Country C. Assume, as well, that the Country C insurance program is identical to that offered by
A Crocodonian business firm chartered an airplane owned by the Republic of Crocodonia to fly cargo to Country U. The cargo was a load of crocodile skins that are legal to own and sell in Crocodonia
There are divided opinions on the actions that need to be taken, if at all, on global climate change. The United Colonies of Remedia had signed the Kyoto Protocol but has now withdrawn from it.
State X has accepted the jurisdiction of the ICJ in a unilateral declaration pursuant to Article 36(2) of the ICJ's statute. The declaration, however, contains the following provision: "This
State A sues State B in the ICJ. The Court hands down a judgment that is adverse to State B. State B refuses to comply with the judgment.What can State A do to get State B to comply?
State C and State D are both signatories of the Washington Convention that created the International Center for the Settlement of Investment Disputes (ICSID). Both have notified ICSID that they
In the preceding question, assume that Cee Co. obtains an award from the ICSID tribunal. Cee Co. now seeks to enforce the award in a State C court. State D pleads that it is immune from the
State U had a long-standing relationship with N, the president of State P. President N had regularly provided information to State U's national intelligence agency on activities of the political foes
Lemon Inc. is a company registered in the U.K. which produces computers and has a call center registered in the Republic of H to address complaints associated with its computer products. The standard
The London Court of Arbitration has granted an arbitral award to Gee Co. The award requires H.R.R., the state-owned railway company in State H, to pay damages to Gee Co., a company headquartered and
State R decides to nationalize all property within its territory belonging to nationals of the United States. The United States objects that this violates international law, but State R goes ahead
In relation to the situation discussed in Question 6, assume that Ms. Distressed does not succeed before the London court and decides to sue Lemon Inc's call center in the courts of the Republic
Regal Shipping, Ltd., is a publicly traded company incorporated in the United Kingdom. It carries freight between Europe and the United States. Two years ago it lowered its fares to half those of its
Goliath, Inc., a U.S. producer of gem-quality sapphires, set up a subsidiary holding company in the Cayman Islands (Junior, Ltd.) to control all of Goliath’s non-U.S. subsidiaries. Junior then
The Nicaraguan Rum Association, which has a representative in the United States, convened a meeting to address concerns regarding the gradual depletion of international Nicaraguan rum sales. The
I Company is a large American manufacturer of computers. It controls approximately 65 percent of the market in the European Community.It refuses to share the patents and copyrights it owns for the
Could I Company, in the previous question, be charged with violating American anti-trust laws? Discuss.Previous questionI Company is a large American manufacturer of computers. It controls
The Mighty Motor Car Co. and the Novel Automobile Corp. manufacture cars and trucks in Country J. They recently entered into a noncompetition agreement with the approval of the Country J Ministry of
Assume the same facts as in the preceding question. Does the arrangement between Mighty and Novel violate either Article 81 or 82 of the European Community Treaty? Can the EU Commission take action
Brand X Inc. is a corporation based in the United States. They do business in India through various channels, especially in controversial sectors. Two of these channels are a branch office of
In relation to the situation described in the previous question, assume that Brand X is a corporation registered in the U.K. and the relevant legislation is the Bribery Act 2010, instead of the FCPA.
Good, Better & Best (GBB) is the name used by several firms of business consultants located in many different countries, including countries in Western Europe, North America, South America, and the
Big Shipping Lines is a transoceanic freight company incorporated in Country Z. To avoid potential liability from shipping crude oil from the Persian Gulf to Europe in the antiquated single-hull
Overseas Investment Co. (OIC), a multinational enterprise with its headquarters in State W, entered into a joint venture with Investment Promotions Facility, Ltd. (IPF), a state-owned company whose
In Nissan Motor Mfg. Corp., U.S.A. v. United States, a Japanese company was required to pay customs duty in a foreign trade zone established in Tennessee. Does this defeat the purpose of a free trade
The Modern Exploration Co. (MEC), a firm organized in State P, entered into an investment contract with State Q to explore for and harvest magnesium nodules from the seabed of State Q’s continental
Turnip Company, a multinational enterprise headquartered in State T, ordered its subsidiary in State R, the Radish Company, to close and to declare itself bankrupt. The Radish Company did so.
Little, Ltd., is a small publicly traded stock company that owns a valuable patent. Little has approximately 1,000 shareholders and about 100,000 shares authorized and outstanding. Big Company would
A subsidiary of X Enterprises is registered with the London Stock Exchange and another subsidiary with the New York Stock Exchange. X Enterprises is an energy company that has planned on heavily
Consider the case of the Republic of Argentina et al v. Weltover Inc. et al. The United States used the Foreign Sovereign Immunities Act of 1976 to bring suit against Argentina for a default on bond
The State of Q forbids its citizens to take more than 1,000 units of its currency out of the country in any one-month period. To avoid this limitation, Ms. Ecks, a State Q citizen who lives abroad in
MultiBank is a large London bank with a branch office in Boston.The American government believes that a prominent American underworld figure, Mr. Z, has been depositing stolen money in MultiBank’s
Q Bank, located in State A, has a branch in State B. X has State A currency on deposit in that branch. X directs the branch to transfer the funds to a branch of P Bank that is located in State B. P
General J is the president of the Republic of Jade. General J has investments in various branches of the Bank of America (whose main office is registered in Washington DC). The International Criminal
The Widget Company has just imported 10,000 widgets into State A. Describe how the Customs Service of State A, a signatory of the Customs Valuation Code, will go about determining the value of these
Several automobile manufacturers from State J are importing large numbers of cars to State K, taking over a large share of K’s automobile market and putting K’s own automobile manufacturers and
State D and State V are both members of the WTO. At the time of joining the WTO, State D prohibited the importation of foreigngrown rice. The prohibition has never been lifted. Presently, rice in
State R, a country with a centrally planned economy, uses prison labor to manufacture export goods at very low cost. When State S learns this, it imposes an import embargo on these goods. Both
Recently, State E, concerned that its nationals are being poisoned by chemical growth stimulants fed to livestock to make them grow faster and heavier, enacted legislation that forbids its livestock
State H provides general subsidies to all of its export manufacturers by means of low-cost loans, foreign currency exchange guarantees, and discounted prices for fuel and electricity purchased from
State C is a major exporter of lumber products (especially plywood) to State U. State C’s lumber companies are able to manufacture and sell their products in State U inexpensively because (unlike
The Snicker Company, the largest manufacturer of Snickerdoodles in State F, decided about two years ago to enter the cookie market in State G. Several small companies in State G manufacture
State Z’s automobile manufacturing industry is one of the largest and most highly regarded in the world. The industry is concerned that it may lose some of its domestic market share to inexpensive,
Eve, a national of State A, owns the technology for manufacturing a video game called “Porn-Man” that involves the use of the latest and most advanced computer technology to show lifelike images
Mari and Juana are both members of the WTO. Mari supplies special herbs to Juana, which processes and sells them as medicinal herbs. However, it was discovered that Mari entered into an agreement
State A has not ratified either the ILO Convention Concerning Freedom of Association or the ILO Convention Concerning the Application of the Principles of the Right to Organize and Bargain
Armstrong worked for a United Nations specialized agency in Geneva for seven years. As part of his job, he tracked the civil rights activities of the agency’s member states. One state did not
Barton works as a freelance reporter covering stories in State F, a member state of the EU. Her revealing stories, which she sells to a variety of progressive independent newspapers throughout the
Caruso, a national of State G, is licensed as a lawyer in that state. Caruso, however, wants to work as a courtroom advocate in State H. May Caruso do so, despite the fact that under State H law,
Dickens is a dual national of the United States and Ireland. The United States has a prohibition on travel and employment of U.S. nationals in Cuba. If Dickens goes to work in Cuba using his Irish
The faculty of Public University (PU), located in State I, has invited Karl Engels, a “revolutionary Marxist” from State J, and Bishop Biggott, an advocate of apartheid from State K, to
Americana, Inc., a large multinational corporation with its headquarters in the United States, has a subsidiary in Tokyo. It refuses to appoint any Japanese nationals to the senior executive posts of
Edison, an employee of Big Corporation, works for Big at its subsidiary in State Y. Edison is an American citizen and Big is an American corporation. Big fires Edison because he is a member of a
Buyer and Seller are citizens of the United States and France respectively. Both countries have adopted the CISG. However, as the performance of the contract is going to take place in the United
Retailer in State A decides to go into the catalog sales business in State B. Both countries are parties to the CISG. Retailer purchases a mailing list from Ace Credit Card Company. The list has the
On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 apiece. The letter also stated: “This offer is binding and irrevocable until February 1.” On January 5,
On December 1, Seller sent Buyer an offer to sell 5,000 widgets to Buyer for $25 apiece. The offer stated: “The offer will remain open until December 31.” On December 10, Buyer answered: “The
Buyer received a letter in her mail on January 1 offering to sell Buyer 5,000 widgets for $20 apiece. Seller’s letter closed with the following statement: “I know that this offer is so attractive
Seller and Buyer entered into a written contract for the manufacture by Seller of 10,000 widgets of a design specified by Buyer and set out in the contract. The contract also provided: “This
Buyer and Seller entered into a contract governed by the CISG for Seller to deliver a sophisticated computer to Buyer by January 1. Seller was late in delivering the machine, so Buyer wired Seller on
Buyer and Seller are located in different countries that have adopted the CISG. Buyer purchases a software package online that immediately downloads and renders a particular hardware operational (but
Seller agreed to deliver three software programs to Buyer that are specially designed for Buyer’s business. The first was to be delivered in January, the second in February, and the third in March.
Seller contracted to deliver 1,000 barrels of oil to Buyer for $14,000. When the oil arrived, 975 barrels complied fully with the contract description. Twenty-five were contaminated and unacceptable.
Seller agreed to ship by sea 10,000 tons of potatoes FOB Tacoma, Washington, to Buyer in Japan. Buyer designated the SS Russet to take delivery at pier 7 in Tacoma. On the agreed-upon date for
Suppose, in Question 1, the contract had been FAS Tacoma. Would Seller be liable?Data from in Question 1 Seller agreed to ship by sea 10,000 tons of potatoes FOB Tacoma, Washington, to Buyer in
Seller agreed to deliver 1,000 air conditioners to Buyer DES Port Moresby. The air conditioners were transported by ship to Port Moresby, where they were off-loaded to the customs shed for
Seller in Sydney, Australia, agreed to ship goods on or before December 31 under a CIF Sydney contract to Buyer in Honolulu. The seller was unable to assemble the goods for delivery in time to reach
Seller in San Francisco agreed to ship goods to Buyer in London under a CIF San Francisco contract. After the goods were loaded aboard the ship, but before it departed from San Francisco, Seller
Seller sells 4,000 diamonds to Buyer under Incoterms 2010 and loads them onto the HMS Bounty, a ship that is designated by the Buyer. Seller’s agent replaces 10 of those diamonds with fake ones and
Captain Ishmael has the misfortune of shipping porcelain vases and sandstone statues for two different English buyers across the Malacca Straits on the Hispaniola. He packs the two commodities
Mr. Ess, the owner of the SS Skimpy and an American citizen, borrows money from MultiBank in London to outfit his ship, giving the bank a maritime lien. Mr. Ess sells the Skimpy to Mr. Tee, a
Identify the following instruments:a. A written promise by a bank to repay money received from a depositor.b. A written promise to pay another a certain sum of money.c. An instrument drawn by one
You win a game of poker and your two opponents (one American and the other German) write you two separate I.O.U.s. They initially start with “I, the undersigned, do acknowledge. . .” Because you
You approach a bank in the United Kingdom with a check issued in your favor in Australia. While waiting at the bank, you doodle on the back of the check. The bank refuses to recognize the check as
Ben Arnold has been an employee of Tom Jefferson for several years. During that time, Jefferson has relied on Arnold to prepare payroll checks, checks to pay suppliers, etc. Unknown to Jefferson,
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