MindTap Questions

An example of a treaty automatically creating legal rights in the courts of a signatory state includes: a. Montreal Convention for the Unification of Certain Rules for International Carriage by Air. b. United Nations Charter. c. UN Convention Against Corruption. d. Alien Tort Statute.

a. Montreal Convention for the Unification of Certain Rules for International Carriage by Air.

Joel is the leader of a criminal gang responsible for robbing over a dozen banks in Italy, killing several policemen, and in general terrorizing communities all over northern Italy. He is finally caught by the police. Can he be prosecuted in the International Criminal Court (ICC)? a. No. b. Yes, since he committed a crime covered by that court located in Rome since a major violation of Italian law. c. Yes, but only if he is not an Italian citizen. d. Yes, without condition or restriction.

a. No.

Susan is a US citizen. She owns a 50-acre tract of farmland in Mexico. Mexican law enforcement personnel constantly harass her, threaten to arrest her, and eventually detain her in a prison where she was tortured until she agrees to sell her land at a below-market price to local landowner. She angrily returns to the US and writes her elected officials asking the US government to help her and right the wrong she has suffered. Which is her best remedy or at least a place to start with reasonable prospect of a court remedy? a. Seeking diplomatic protection from US government and asking it to file a case seeking damages in the appropriate forum. b. Filing a lawsuit against the private landowner in Mexico in the ICJ. c. Filing a lawsuit against Mexico in the International Court of Justice (ICJ). d. Suing the Mexican landowner and Mexico both in US federal court seeking damages.

a. Seeking diplomatic protection from US government and asking it to file a case seeking damages in the appropriate forum.

Allen is a US citizen. He is a pirate and roams the Caribbean in his vessel with his fellow pirates looking for a vessel to attack. The "American Glory" is a vessel registered and operating under US laws. Allen's group of pirates boards that vessel and robs the passengers of all their cash and valuables. Allen departs the vessel with his loot and ultimately is captured in Brazil a month later where he is hiding out. He can be prosecuted in Brazil in the basis of the courts: a. Universal jurisdiction. b. Protective jurisdiction. c. Territorial jurisdiction. d. Nationality jurisdiction but only if at least one of the injured passenger was a citizen of Brazil.

a. Universal jurisdiction.

Nations that agree in writing in advance to submit certain cases to the ICJ are said to have submitted to ______. a. Universal jurisdiction. b. Compulsory jurisdiction. c. Nationality jurisdiction. d. Diplomatic protection.

b. Compulsory jurisdiction.

The case of Liechtenstein v. Guatemala decided by the UCJ in 1955 focused on the concept of: a. Power of court to interpret Statute of the International court of Justice. b. Diplomatic protection. c. Compulsory jurisdiction. d. Nationality jurisdiction.

b. Diplomatic protection.

Company A owns intellectual property (IP) and agrees in writing to let Company B use that property for a specified purpose only. Company A and Company B are (in order): a. Licensee and licensee b. Licensor and licensee c. Franchisor and franchisee d. Licensee and licensor

b. Licensor and licensee

A written and binding agreement between three or more countries given effect under international law is best described as a(n): a. Convention. b. Multilateral treaty. c. Bilateral treaty. d. An international contract.

b. Multilateral treaty.

In the legal systems of the United Kingdom and United States, the reasoned decisions of judges become the law controlling the case, and the precedent of similar cases is binding on future cases. This is called: a. Sharia-based legal system. b. Civil law system. c. The common law system. d. Mixed civil law system

c. The common law system.

Which item below gives federal courts in the United States jurisdiction over civil claims for damages brought by non-US citizens for torts committed against them by other non-citizens outside the US? a. Decisions by the International Court of Justice (ICJ). b. United Nations Charter. c. US Alien Tort Statute. d. Law merchant.

c. US Alien Tort Statute.

ABC Company in Memphis makes motorcycles at its plant there. It is considering the benefits of selling its motorcycles in the market of motorcycle riders in Brazil (estimated to be 5,000,000 new potential customers). Which is the LEAST risky way it can enter the Brazilian motor cycle rider market? a. Use of foreign sales representative in Rio de Janeiro. b. Creating a wholly-owned subsidiary there and constructing a plant for manufacturing. c. Joint venture there to build a large plant with local participation. d. Entering into a foreign sales distribution agreement with a local owner of stores selling motorcycles

d. Entering into a foreign sales distribution agreement with a local owner of stores selling motorcycles

John wants to go into business as an international trading company like the famous Japanese trading companies. He wants to bring together several US companies that make sporting goods and export their products to Mexico, with the power to determine which products are sold in what areas in Mexico and the prices to be charged to Mexican buyers. What are special US law uses he may need to be made aware of in his efforts? a. Labor and employment laws in US and how applied to US manufacturing company compliance with those laws. b. Restrictions in US law on nationalization in Mexico. c. Foreign direct investment policies. d. If anti-trust law prohibits these activities in Mexico just as US law may do so inside US.

d. If anti-trust law prohibits these activities in Mexico just as US law may do so inside US.

ABC Company owns and manufactures appliances from its plant in Arlington, Virginia. It decides to open a new operation in Chile under Chilean law making appliances and selects William to be its local partner in Chile. William invests 20% of his own money of total startup costs for the Chilean entity, which is called a: a. Foreign branch b. Wholly-owned subsidiary c. Multinational company d. Joint venture

d. Joint venture

The primary source of customary international law rules for interpretation of treaties is: a. Created by the formal opinions of the International Court of Justice. b. Defined in the Vienna Convention on the Law of Treaties. c. Set out in the United Nations Charter. d. Defined in the New York Convention in the Role of Treaties.

b. Defined in the Vienna Convention on the Law of Treaties.

A foreign entity organized under the laws of the host state but owned and controlled by the parent corporation in the home country of the investor is a: a. Foreign branch b. Foreign subsidiary c. Multinational corporation d. Joint venture

b. Foreign subsidiary

A US citizen (individual or company) owes a duty to pay income taxes no matter where the income was earned. Which is the basis for exercise of this power to collect such tax by the United States? a. Territorial jurisdiction. b. Nationality jurisdiction. c. Universal jurisdiction. d. Protective jurisdiction.

b. Nationality jurisdiction.

Venezuela provides a recent example of a host state attempting to restructure its economy by transferring foreign investor assets to itself. This is called: a. Foreign direct investment b. Nationalization c. Infringement d. Local participation

b. Nationalization

If you are asked which nations below are NOT a signatory to the Rome Statute of the International Criminal Court, which is your best response? a. Iran. b. United States. c. China. d. None of these three states are signatories

d. None of these three states are signatories

Currency controls in a host state may restrict or prohibit the foreign investor from: a. Using exchange rates to their benefit. b. Repatriating profits to any local investor in a host state joint venture. c. Achieving "excess profits" from host state operations as defined by its state law. d. Repatriating profits to home state.

d. Repatriating profits to home state.

The most important international IP organization fostering government cooperation in developing IP policies and laws and assisting in the resolution of disputes via arbitration is: a. World Trade Organization b. International Center for Intellectual Property Dispute Resolution c. United Nations d. World Intellectual Property Organization

d. World Intellectual Property Organization

Non-tariff barriers to foreign trade include _______, which are used to quantitatively restrict the number of defined items that can enter into a country: a. industrial standards b. environmental regulations c. an import duty or tax d. quotas

d. quotas

Paul operates a vessel in international waters (i.e., in the high seas) off the coast of Texas. It acts as his floating base for illegal drug manufacturing operations, and after the drugs are made he sells his product to other individuals who come to his vessel and buys the drugs for which they will smuggle into the US and sell illegally. Paul is never at any time on US land, or within the US territorial sea or airspace. However, US law enforcement staff arrest him on the vessel. He is prosecuted in a US court on the basis of that court's: a. Universal jurisdiction. b. Territorial jurisdiction based on "effects" inside US of Paul's acts. c. Protective jurisdiction. d. Nationality jurisdiction.

b. Territorial jurisdiction based on "effects" inside US of Paul's acts.

Texas Shoe Company in Dallas manufactures footwear there. It enters into a two-year contract to sell its boots to Barunia, an Asian nation that uses the boots for its military. The sales price of each pair of boots, as of the June 1, 2016, date of the contract, is fixed for the duration of the contract at 13.00 Baruns which is equal to $10.00 USD at that time. On June 1, 2017 at then current currency exchange rates $10.00 USD equals 15.00 Baruns. As of that date whose economic interests have been most negatively affected by ABC Company agreeing to accept payments in Baruns? a. Neither party is affected at all by the currency fluctuation. It will always impact both parties' economic interests if not resolved in the contract or elsewhere by agreement. b. The parties are affected equally. c. Barunia d. ABC Company

c. Barunia

A nation has clear power over all persons (citizens and non-citizens), places and power within its geographical area, airspace or defined waters. This states the principle of: a. Protective jurisdiction. b. Universal jurisdiction. c. Territorial jurisdiction. d. Passive personality jurisdiction.

c. Territorial jurisdiction.

A document prepared by a manufacturer or exporter/shipper attesting to the geographic place (i.e., nation) where goods were made is called a: a. Technology transfer license b. Export license c. Certificate of origin d. Import license

c. Certificate of origin

Idaho Battery Inc. (IB) makes millions of batteries for generating power for a variety of small consumer items. All batteries are manufactured in Boise, Idaho. It enters into a contract with Juno of Rome, an Italian company owning many department and equipment stores in Italy, whereby Juno sells the batteries made by Idaho Battery to Juno's many customers at store locations. Which statement below is true about this arrangement? a. Juno exports directly the IB products to its customers in Italy. b. Juno is a foreign sales distributor of IB products and does obtain title to the IB product before they are resold. c. Juno is a foreign distributor of IB products but never actually has title to the batteries it sells on behalf of Idaho to its customers. d. Juno is a foreign sales representative for Idaho Battery.

b. Juno is a foreign sales distributor of IB products and does obtain title to the IB product before they are resold.

Nigeria is a member of the United Nations. As all members of the UN, it has ratified the Charter of the UN. It has a border despite with Chad that sues Nigeria in the International Court of Justice seeking an adjustment of its borders. Must Nigeria as a member be bound by the future decision of the ICJ in that case? a. No, unless its national legislature has rendered the Charter null and void by abrogation. b. Yes. c. No, if it terminates any prior agreement to compulsory jurisdiction. d. Yes, if it has agreed in advance to compulsory jurisdiction on the subject matter, e.g., border disputes.

c. No, if it terminates any prior agreement to compulsory jurisdiction.