International Law Test 2

ISO 14000

environmental standards

ISO 9000

A standard intended to ensure product quality through the product design and manufacturing process

implement a tariff

Coal is used to make steel. France heavily subsidizes its coal industry. The use of coal sold to steel companies there and exported later as part of steel ingots allows those steel exporters to sell "below market" their product. What can the importing nation do against French steel?

Treaty of Rome

the true beginning of the concept that led years later to the current EU was in 1957 with the singing of the:

Instituting a binding dispute settlement procedure, expanding the scope of existing trade agreement, replacing the original GATT organization with the World Trade Organization

The Uruguay Round from 1986 to 1994 ushered in significant changes to international trade regulations. These included:

European Union law as defined by its Court of Justice

The dominant law that provides the controlling interpretation of goods

NAFTA Fair Trade Commission

The formal attempted resolution of disputes arising from the interpretation of NAFTA is conducted by:

Canada

The largest trading partner of the US in 2015 in the two-way trade of goods and services

Customs union

The EU is similar to a ____ because of no tariffs

Privatization

The process by which a government sells or transfers a government owned industry or assets to the private sector:

absolute quotas

strictly prohibit imports of an item above a predetermined limit

EU "citizenship" to promote the movement fo labor across borders

the Maastricht Treaty in 1991 advanced the concept of advanced economic integration with the EU and also for the first time the principle of:

Escape clause

the original drafters of GATT knew of the possible political and consequences of tariff concessions and built into the process and ______ ______ as means to be relieved from its concessions.

Licensor and licensee

the parties in an arrangement granting a limited permission for one party to use the other's IP for a limited purpose for a defined period of time are the owner of the IPR and the party obtaining permission to use such IPRs. They are in order:

Require signatories to enact minimum substantive standards for protection for IPRs

The Agreement on Trade-Related Aspects of International Property (TRIPS) attempts to:

Free Trade Area

When two or more countries agree to eliminate or to phase out customs duties and other barriers to trade among member countries this is called a:

Geographical limitation

a licensor typical attempts to restrict the use of the transferred IP by placing a national marketing/sales restriction on the licensee's sale of the product, typically called a:

Trade compensation

a nation may impose tariffs on products that are imported from another country and then decrease tariffs on other products to "even out" overall tariffs places on goods from that country

Upstream subsidy

a subsidy bestowed on raw materials or component parts (inputs) for use in an exported product:

global quota

imposed by an importing nation on a particular product regardless of its country of origin

The European Council

There are multiple institutions within the EU with various roles. The "heads of state" of the EU members comprise the membership of the "highest ranking" section of the complex EU administrative structure with jurisdiction over a wide range of issues. This administrative group is called:

A 2 tiered system with a supervisory board with employee members and a management board running company on its day to day operations

German law mandates substantial employee participation on a corporate board of directors by requiring:

7%

How much of the total cost can be from outside of North America for a product to still be eligible for NAFTA preferential rates

Technical regulations and standards for a product imported into the notifying country

NAFTA mandates that written notice with a comment period opportunity be given to all members if a nation wishes to change the:

transparency

refers to the extent in which government regulations, product standards, and technical requirement are made readily available to the domestic public, as well as foreign firms.

Trade Liberialization

All of the different "rounds" of multilateral trade negotiations had the same goal of:

A certificate of origin

All shipments of goods between US, Canada and Mexico must contain a written "promise" that the goods originated in North America in order to qualify for preferential treatment under NAFTA

Common Agricultural Policy (CAP)

The EU ensures minimum prices for agricultural products and imposes tariff barriers on non-member agricultural products through the establishment of its:

Commerce Clause of the US Constitution

the US government has the exclusive power to regulate trade among states and with foreign nations. This power is derived from:

foreign compulsion defense

A US company operating in a foreign country may be allowed flexibility in not complying with US employment law when to do so may result in a breach of local government law

The bound rate

"ceiling tariff rate"

Eurozone

Member states using the Euro for currency are referred to as members of the:

equivalence, certification or conformity assessments, harmonization

when nations attempt to minimize or eliminate technical barriers to trade, they use various methods to achieve this goal including:

Circumvention

An attempt by exporters to unlawfully or deceptively evade import restrictions or duties

Normal value- export price = dumping margin

calculation of the "dumping margin" is critical in determining antidumping duties

Allocated quota

total limit is "allocated" among several specific countries

Goods made by forced child labor

In the 1997 Sanders Amendment, Congress banned the import into the US of:

File petitions for an investigation with the US International Trade Administration and/or International Trade Commission as appropriate

A US company believes Canadian competitor is engaging in "dumping" of certain car parts by sending them into the US for sale at "Less than fair value" prices. How does the company formally raise this issue and seek relief?

Internation Organisation for Standardization (ISO)

A nongovernmental organization which has developed over 21,000 standards for goods, services, manufacturing, and technology. Its goal is to foster international trade by creating a "common language" for standards and technical requirements

Their extraterritorial application

A number of US labor and employment statutes are specifically stated in the law itself to not apply outside of the US. this prevents:

China

Based on its economic growth in the past decade or so and global impact, the most significant admission into the WTO of a new member was in 2001 and was:

China Compulsory Certification Mark

China has a large agency ensuring quality of goods entering that country. Any exporter must appreciate that goods exported to China cannot enter the country unless they have the:

Codex Alimentarius Commission Standards

Countries must rely on internationally accepted standards or recommendations for the protection of plants, animals, and food. The most notable standards are:

Reduced sales volume, price reductions, lower wages

Country A has a flood of market disruption from "too many" imported foreign cars. Labor organizations and politicians will argue these disruptions include the following:

Specific or Flat Tariff

Country A imposes an import tax on fungible goods such as oil, wheat, or timber that enter specifically from Country B. This is likely called a:

Offered 14 weeks or more of leave and a salary of at least 75% of the regular amount

EU regulations require that a pregnant employee in a covered company who is out of the office on maternity leave for the delivery of her child must be:

Geographical indication

If a product is marketed with reference to a geographic region this is called a:

See if the country you want to enter your company into is on the USTR's watch list or priority watch list

If your company wants to enter a foreign country with the intent to trade a product made by your company. You want to protect your IP rights, so you should:

Circumvention

Italian shoes imported to the US are at a 7.5% tariff, but 1% in Mexico. If shoes come into mexico from italy, are slightly altered, then enter the US at the NAFTA 1.5% tariff rate, this is:

Counterfeit goods

Items manufactured and sold without permission of the owner of the IPRs to that product are referred to as:

28

Number of state members in the EU

Turkey

States wishing to become EU members must meet certain criteria and then attempt by negotiations to enter into an accession treaty with defined membership powers. One nation has been an applicant in membership negotiations since 1987:

US jobs leaving the US for lower wages in Mexico

The "giant sucking sound" Ross Perot referred to when opposing NAFTA in the 90s

Non-discriminatory treatment of foreign copyright applicants in all signatory states

The Berne Convention provides for:

Functions as the final decision maker on questions/interpretations of EU law

The Court of Justice of the EU:

The European Parliament

The only EU institution whose members are elected by private, individual European citizens is called the:

To non-US citizens employed outside the US

Title VII of the US Civil Rights Act of 1964 and the Age Discrimination in Employment Act do not apply:

Licensing of foreign professionals

WTO agreement have extended WTO principles to a variety of services but have generally not significantly affected "patchwork" domestic regulations about:

Least restrictive trade

WTO members, when setting valid restrictions on trade, should make them no more onerous than necessary to achieve the goals for which they are imposed

Rice into Japan

What product being imported where has been known to provoke resistance from that country

at least 60 days prior notice

When a company has a unionized workforce of 250 employees and is closing the facility, they need to provide:

Use of indirect non-tariff barriers by administrative regulations which are facially neutral but which impact imports by ally negatively as applied

You are in charge of tariff policy for your country. You are asked to place an import restraint on products from a politically-allied nation. The restraint must be subtle and most difficult to detect and be "safe" from attack in the press. Suggestion?

"Controls" the foreign entity

a foreign based company with US domestic company ownership/ investment is covered by Title VII laws. However, the claimants must be a US citizen, and the court will further look to see whether the domestic US company:

Hukou

China presents one of the most blatant forms of institutional discrimination by requiring the registration of households used to determine eligibility to certain entitlement programs, which is called:

International Monetary Fund and World Bank

In 1944, the allies national met at the Brenton Woods Conference and out of concern with the post war economies of the nations of the world created:

Conduct of regular multilateral trade negotiations

One of the main principles of the GATT system was a commitment by nations to:

Tariffication

One of the principles of the WTO is that whereby members must eliminate quotas and other non-tariff barriers and convert them into tariffs.

Production sharing

The process of spreading manufacturing and assembly operations across international borders is called:

Friendship Commerce and Navigation Treaties

Treaties between the US and other signatories often state companies in any signatory state to choose the executives of their own nationality without regard to local anti-discrimination laws e.g. national origin. These are called:

No, NAFTA has allowed financial service companies to locate in Mexico, acquire 100% of local institutions (including insurance companies) and mandates nondiscriminatory treatment

US and Canadian banks and other companies offering financial services wish to open offices in Mexico to obtain customers there. Does NAFTA restrict this?

Antidumping duties

A nations usual remedy for dumping is for the country to place _____ ____ on the dumped products which are in addition to any regular tariffs already imposed

American National Standards Institute (ANSI)

A private, non-profit organization that coordinates the development and use of a voluntary consensus standards in the United States. Where to find a translator during foreign transactions

Governmental financial contribution to domestic producers, contingent on export performance

An export subsidy is a:

Telephones, cell phones, and trade in telecommunications equipment

AT&T and other US companies benefitted in 2004 immensely when NAFTA eliminated all tariffs on:

no

Colombia has many widgets imported into it by foreign manufacturers of the product. It wishes to protect its own manufacturers and adopts a "safeguard" of a higher tariff which applies only to non-NAFTA countries. This is because Colombia wishes to stay on Good Terms with these countries. Is this a valid safeguard if all non-NAFTA nations treated fairly?

Complain to the US Trade Representative by filing a "Section 301 Petition" and assert that this is matter for mandatory retaliation

Company A in the US makes widgets and exports them to Cambodia under trade agreement. A Cambodian widget maker comes into political power and the country raises its tariff on widgets above the bound rate. Company A's quickest remedy is to:

license agreement

Owners of intellectual property rights (IPRs) may grant in writing limited permission for another party to use their IP for a limited purpose for a defined period of time under a:

Creates a consolidated multinational patent application process for all European Union countries

The European Patent Convention

Goods, services, capital, people

The Four Freedoms specified in the Treaty of Rome

A bona fides occupational qualification (BFOQ) for that position based on its duties

Under Title VII, an employer can clearly advertise some jobs limiting applicants by gender, or hire persons only of one gender for that position. A lawsuit is filed against a company hiring "males only" for a job. The likely defense by the defendant company is that the gender criteria were:

20 years ....... 50 years

Under WTO principles as stated in TRIPS, all WTO members must provide for minimum copyright and patent protection periods. This means that if I am a patent holder in a WTO signatory nation I will typically have the exclusive right to manufacture and/or license my patent rights for ______ and i will have a copyright protection period of at least _____

When a nations outflow of foreign exchange exceeds its receipts in its on currency

A balance-of-payment deficit arises:

Conduct trade consultations with the offending party at the WTO

Prior to formally requesting binding dispute resolution with the WTO Dispute Resolution Body, the party complaining about a tariff violation must:

Caribbean Basin Initiative

Program developed by the United States to spur the economic development of countries in the Caribbean Basin; allows duty-free importation of selected goods from these countries into the United States

Giving the applicant a priority claim on that invention in all signatory states if the patent application is prosecuted within 30 months

The Patent Cooperation Treaty (PCT) establishes a centralized utility patent application process by:

US goods are unreasonably expensive to foreign-made goods, US-made goods are not available in sufficient quantity or quality, purchases under $2,500 in total value

The US Buy American Act requires federal agencies to purchase goods of US origin in a preference to foreign-sources goods. Exceptions to the Act which allow the purchase of foreign goods include:

European Central Bank located in Frankfurt, Germany

The primary EU institution promoting monetary policy and the stability of prices and payment systems

Dumping, Conformity assessments

The selling of products in a foreign country for less than the price charged for "like" or comparable products in the exporting company's home market:

Normal value of the good in Country A

There are special rules for Country A determining antidumping duties if an exporting nation (Country B) is identifies as one of the "non-market economy countries." These are called NMEs. Calculation of antidumping duties for products from these countries is difficult because of difficulty in determining:

$180,000

There is an up-front license fee of $100,000 and then Company A receives a 10% royalty on all sales (exclusive of sales tax) generated by Company B. In the first year, those sales total $1,000,000 and the amounts actually collected from sales by company B is $800,000. What is the total amount of money payable to Company A from this license?

customs union

in a __ ___, there is free trade in all goods that comes into the group through any of the members, even for original, tariffed imports from outside the group which are the re-exported

a federal program called trade adjustment assistance (TAA) administered by US Secretary of Labor

if you lose your job and meet certain criteria, you can file a petition and seek additional compensation beyond state unemployment compensation, or a subsidy if you have a lower paying job. this is:

Upgrade and liberalize procurement practices in large scale government procurements

the WTO Agreement on Government Procurement (AGP) enacted in 1994 has been applied to:

Allowing expropriation only if made for a public purpose and investor is later paid fair compensation

A US company has its assets seized in Mexico for failure to obtain a business permit. the US company is outraged and wants to know if NAFTA allows this. You advise that NAFTA protects alien investors from expropriation by:

Gray market goods

A US licensor authorizes the manufacture of its goods by a foreign company with the intent it will limit its sales of that product to a geographic area e.g. country of the licensee. If that company exports that item back to the US for sale at a lower cost, these items are referred to as:

Equally and without discrimination

A basic right of WTO membership is that a country must treat goods and services from all WTO members: