Exam 2 Flashcards
(256 cards)
What is international Law?
formed as a result of international customs, treaties, and organizations - that governs relations among or between nations.
What is National Law?
law of a particular nation
What are the Principles of International Law?
International law is the result of attempts to reconcile the need of each country to be the final authority over its own affairs and the desire to benefit from relations with one another.
What are the Sources of International Law?
– International Customs.
– Treaties and International Agreements.
– International Organizations.
What are Common Law Systems?
courts independently develop rules by stare decisis for certain areas of law, not covered by statutory law.
What are Civil Law Systems?
courts independently develop rules by stare decisis for certain areas of law, not covered by statutory law.
What are Islamic Legal Systems?
sharia legal code is based on religious principles that govern a Muslim’s way of life.
What is Comity?
The principle by which one sovereign nation will defer and give effect to the laws and judicial decrees of another sovereign nation
What is the Act of State Doctrine?
– The judicial branch of one sovereign nation will not examine the validity of public acts committed by a recognized foreign government within its own sovereign territory.
– Often invoked to protect expropriation, and confiscation.
What is Sovereign Immunity?
A doctrine immunizing foreign governments and governmental officials from the jurisdiction of U.S. courts under certain conditions.
A foreign state is not immune from U.S. jurisdiction when:
- The foreign state has waived its immunity.
- The foreign state has engaged in “commercial activity” within or outside the U.S. that has a
“direct effect in the United States.” - The foreign state has committed a tort in U.S. or violated certain international laws.
What are the Types of International Business Operations?
- Direct Exporting
- Indirect Exporting
- Agency Relationship with Foreign Firm.
- Distributorship
- Licensing/Franchising
- Manufacturing Abroad
- Investing in a Wholly-Owned Subsidiary or Joint Venture
What are Import Controls?
- Prohibited Goods (e.g., Trading with the Enemy Act of 1917).
- Quotas and Tariffs. Quotas limit the amount of goods that can be imported. Tariffs are taxes upon imports.
- Political Factors (Retaliation).
- Antidumping Duties: less than fair value.
What are the Minimizing Trade Barriers?
– European Union.
– NAFTA.
– CAFTA-DR.
– KORUS-FTA.
What are the International Contracts?
- Choice-of-Language Clause
- Choice of Forum Clause
- Choice of Law Clause
- Force Majeure Clause
- Choice of Payment (Currency) Clause
(If no choice specified, under Hague Convention issue is governed by country where seller is located.)
What are the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)?
International trade agreements often include arbitration provisions.
– (1) Written or recorded agreement.
– (2) Agreement provides for arbitration.
– (3) One party is not a U.S. citizen.
When are U.S. Antitrust Laws Used?
Applied if foreign conspiracy has substantial effect on U.S. commerce
What is the Foreign Corrupt Practices Act?
– cannot bribe any high-ranking foreign officials
– does not apply to lower officials (“mordida”)
Who does the Civil Rights Act apply to?
– applies to US companies in the US
– applies to US employees of US companies around the world
– exceptions for foreign companies in US
– exceptions for foreign employees outside US
What is Space Law?
- UN treaties establish registry of objects in space and maintain ownership by parties who
put them there (and potential liability) - No recognition of national sovereignty of any moons or planets in space; therefore, no recognition of any potential private property rights.
You enter into a contract with Misha, a distributor from St. Petersburg, Russia. In your contract, you specify that US law will apply to the interpretation and enforcement of the contract. This would be called a:
a. force majeure clause.
b. choice-of-law clause.
c. choice of language clause
d. forum-selection clause.
e. destination clause.
choice-of-law clause.
James is an American who works in London for a U.S. corporation. After working diligently and
receiving good job evaluations for over four years, James, who is a Muslim, is fired. He believes that his termination is the result of employment discrimination based on his religion. In this case:
a. James can do nothing because the problem occurred outside the United States.
b. Title VII only applies to U.S. citizens working abroad for foreign-owned companies.
c. James cannot bring a Title VII claim because his case involves religion.
d. Title VII applies to U.S. citizens who work for U.S. firms overseas, so he has a cause of action under Title VII.
e. James can recover because of British law, not American law.
Title VII applies to U.S. citizens who work for U.S. firms overseas, so he has a cause of action under Title VII.
Al is trying to buy a car, but the dealer is concerned about Al’s credit. Al calls his uncle Sam to describe his problem. Sam says, “Get that dealer on the line!” and he proceeds to tell the dealer that he will stand behind Al on the loan. “I’ll personally guaranty Al’s payment of every cent!” Sam declares. The dealer makes the loan, but Al fails to pay. Will the dealer be successful in his suit against Sam?
a. No, because the guaranty agreement was not in writing.
b. No, because the dealer must first repossess the car.
c. No, because the agreement was not a suretyship.
d. Yes, because Sam made the promise and the dealer relied on it.
e. Yes, but only if Sam is assigned the authority to repossess the car.
No, because the guaranty agreement was not in writing.
Ted is the owner of Ted’s Restaurant, Inc., a corporation, which owes debts of $300,000 and has assets of only $100,000. There is no possible way for Ted to stay in business, so in order to liquidate the assets and be discharged from the debt Ted must file for bankruptcy under:
a. Chapter 11
b. Chapter 9
c. Chapter 7
d. Chapter 13
e. either c. or d. above
Chapter 7