Exam 47: International Business Law

Assume the U.S.and the government of San Sebastian broke off diplomatic relations in a dispute over fishing rights.The U.S.blocked exports to San Sebastian.San Sebastian in turn seized and expropriated the assets of several U.S.companies located within the country.One of the companies, Continental Coffee, sued the U.S.government and the government of San Sebastian charging violation of the U.S.Constitution on the grounds of deprivation of property without due process of law.How will the company fare in its case against the U.S.? against San Sebastian? Explain your answer, providing reasons for your decision.

The U.S.Immigration and Naturalization Service issues various types of visas to persons who:

Sovereign immunity is absolute immunity from the courts of a host country.

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. -horizontal merger

The International Anti-Bribery and Fair Competition Act of 1998 was enacted to expand the Foreign Corrupt Practices Act to include:

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. -act of state doctrine

The act-of-state doctrine provides that to maintain international relations and trade, a host country must refrain from imposing its laws on a foreign sovereign nation present within its borders.

The ICJ is:

Section 1 of the Sherman Act provides that U.S.antitrust laws shall have a narrow reach.

The Foreign Sovereign Immunities Act specifically provides that a foreign state shall be immune from neither federal nor state court jurisdiction if the suit is based on which of the following?

NAFTA's objectives include to:

A foreign company, partially owned by that foreign government, manufactures televisions in the foreign country.The cost to the company for the manufacture of the product is the equivalent of $60 in the U.S.Because of excess production, the firm exports 50,000 sets to the United States where they are sold for $75 each.If the nearest rival U.S.-made set sells for $85, the action of the foreign company:

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. -International Court of Justice

A number of countries have joined together in Europe, Asia, Africa, and Latin America to coordinate their regional economies.Which of the following has NOT been an objective of such cooperation?

Businesses wishing to safeguard their technology while doing business in the international sector would not want to consider the use of wholly owned subsidiaries.

Only approximately 50 nations have become parties to the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States.

In Saudi Arabia v.Nelson, the court held:

When a treaty and a right declared under a subsequent federal statute conflict, the treaty must prevail.

Foreign issuers of securities:

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. -proxy