Exam 47: International Business Law
The seller contracts directly with the buyer in the other country under a:
B
Azurzerapi Corporation plans to start marketing products worldwide.What forms of multinational business enterprise should it consider? What are the main characteristics of each form?
It should consider the use of a wholly owned subsidiary, distributorships, joint ventures, licensing to a foreign firm, the use of foreign agents, and direct export sales.A wholly owned subsidiary would require the most active participation by Azurzerapi, but would allow it to retain authority and control.If Azurzerapi uses a distributorship, it would appoint a foreign distributor who would take title to Azurzerapi's goods and bear risks connected with the sale of those goods. Azurzerapi would have to be careful not to violate antitrust laws.For a joint venture, Azurzerapi would join with an independent business from another country to achieve a common result.Each company could be responsible for what it does best.With licensing, Azurzerapi could sell the right to use an intellectual property right, such as a trademark or patent, to a foreign company.A foreign agent may be used if Azurzerapi wants limited involvement in the international market.The agent generally does not take title to goods, but would make contracts or solicit orders on Azurzerapi's behalf.With direct export sales, Azurzerapi would contract directly with buyers in another country.This is the simplest multinational enterprise.
The European Union currently has how many full members?
D
Confiscation and expropriation of property by a foreign government violate generally observed principles of international law.
The Foreign Corrupt Practices Act makes it illegal for an American company to offer or pay money to a foreign official to influence a decision of that official even if the offer is not accepted.
MATCHING
Part IX Matching
Match each statement with the correct term below.a.Conclusively presumed unreasonable and therefore illegal.b.Acquisition by one company of a competing company.c.Commercially valuable information that is guarded from disclosure.d.Deduction from wages to repay a debt.e.An illegal form of differential treatment that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.f.Governmental taking of foreign-owned property for a public purpose with just payment.g.Includes any note, stock, bond, preorganization subscription, and investment contract (any investment of money or property made in expectation of receiving a financial return solely from the efforts of others).h.A signed writing by a shareholder authorizing a named person to vote her stock at a specified meeting of shareholders.i.A general invitation to all shareholders to purchase their shares at a specified price for a specified time.j.Not recognized by the common law or federal law, although some states have adopted statutes granting some form of this.k.Exclusive right to an invention for a statutory period of 14 or 20 years.l.Borrowing to acquire goods, services, or land for personal, household, or family purposes.m.Substantial and unreasonable interference with the use and enjoyment of a person's land.n.Defense to liability for false securities registration statements.o.Rule that a court should not question the validity of actions taken by a foreign government in its own country.p.Foreign country's freedom from a host country's laws.q.Any business that engages in transactions involving the movement of goods, information, money, people, or services across national borders.r.EPA's treatment of an entire plant as one pollution source for obtaining permits.s.Similar patterns of conduct among competitors.t.Exclusive right, usually for the author's life plus 70 years, to original works of authorship.u.The judiciary branch of the United Nations; has voluntary jurisdiction over nations.
-bubble concept
OPIC was established to facilitate the participation of U.S.private capital and skills in the economic and social development of countries in transition from nonmarket to market economies.
Like domestic law, international law can be easily enforced, because international courts have compulsory jurisdiction.
MATCHING
Part IX Matching
Match each statement with the correct term below.a.Conclusively presumed unreasonable and therefore illegal.b.Acquisition by one company of a competing company.c.Commercially valuable information that is guarded from disclosure.d.Deduction from wages to repay a debt.e.An illegal form of differential treatment that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.f.Governmental taking of foreign-owned property for a public purpose with just payment.g.Includes any note, stock, bond, preorganization subscription, and investment contract (any investment of money or property made in expectation of receiving a financial return solely from the efforts of others).h.A signed writing by a shareholder authorizing a named person to vote her stock at a specified meeting of shareholders.i.A general invitation to all shareholders to purchase their shares at a specified price for a specified time.j.Not recognized by the common law or federal law, although some states have adopted statutes granting some form of this.k.Exclusive right to an invention for a statutory period of 14 or 20 years.l.Borrowing to acquire goods, services, or land for personal, household, or family purposes.m.Substantial and unreasonable interference with the use and enjoyment of a person's land.n.Defense to liability for false securities registration statements.o.Rule that a court should not question the validity of actions taken by a foreign government in its own country.p.Foreign country's freedom from a host country's laws.q.Any business that engages in transactions involving the movement of goods, information, money, people, or services across national borders.r.EPA's treatment of an entire plant as one pollution source for obtaining permits.s.Similar patterns of conduct among competitors.t.Exclusive right, usually for the author's life plus 70 years, to original works of authorship.u.The judiciary branch of the United Nations; has voluntary jurisdiction over nations.
-patent
Governments can use nontariff barriers to give local industries a competitive advantage.
Kelly has just been appointed the manager of a company that has begun the direct export of its product.What precautions should he take to assure that the company would in fact be paid for its products when the company has never dealt with the buyers before and is new to the international legal environment?
The World Bank established the MIGA to eliminate the practice of dumping.
MATCHING
Part IX Matching
Match each statement with the correct term below.a.Conclusively presumed unreasonable and therefore illegal.b.Acquisition by one company of a competing company.c.Commercially valuable information that is guarded from disclosure.d.Deduction from wages to repay a debt.e.An illegal form of differential treatment that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.f.Governmental taking of foreign-owned property for a public purpose with just payment.g.Includes any note, stock, bond, preorganization subscription, and investment contract (any investment of money or property made in expectation of receiving a financial return solely from the efforts of others).h.A signed writing by a shareholder authorizing a named person to vote her stock at a specified meeting of shareholders.i.A general invitation to all shareholders to purchase their shares at a specified price for a specified time.j.Not recognized by the common law or federal law, although some states have adopted statutes granting some form of this.k.Exclusive right to an invention for a statutory period of 14 or 20 years.l.Borrowing to acquire goods, services, or land for personal, household, or family purposes.m.Substantial and unreasonable interference with the use and enjoyment of a person's land.n.Defense to liability for false securities registration statements.o.Rule that a court should not question the validity of actions taken by a foreign government in its own country.p.Foreign country's freedom from a host country's laws.q.Any business that engages in transactions involving the movement of goods, information, money, people, or services across national borders.r.EPA's treatment of an entire plant as one pollution source for obtaining permits.s.Similar patterns of conduct among competitors.t.Exclusive right, usually for the author's life plus 70 years, to original works of authorship.u.The judiciary branch of the United Nations; has voluntary jurisdiction over nations.
-per se
Define and discuss the doctrine of "sovereign immunity." Discuss how the Foreign Sovereign Immunities Act of 1976 has codified this area of law.Give examples of how the Act works.
Assume that Denmark, a member of the European Community, is contemplating the enactment of a protective tariff for its fledgling CD industry due to domestic political and economic pressures.Assume further that the EC has a tariff that it has also enacted for all CD manufacturers within the EC that is considerably lower than the one that is being proposed in Denmark.The policy behind the lower EC tariff is to promote freer trade even at the risk of destroying some of the weaker manufacturers in that organization.In this situation:
"Normal value" is the price that would be charged for the same or a similar product in the ordinary course of trade for domestic consumption in the exporting country, under the World Trade Organization's:
The World Bank established the Multilateral Investment Guarantee Agency to encourage increased investment in developing nations.
Which of the following is an objective of the European Union?
Discuss how an owner of intellectual property protects those rights in other countries.
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