BLaw II Exam II Chapter 24

International Law

"A body of law - formed as a result of international customs, treaties and organizations - that governs relations among or between nations."

space laws

"Peaceful and joint" ownership

what devices does congress use to discourage or encourage exports?

- export quotas - restrictions on tech exports - incenitives and subsidies

Sources of International Law

-International Customs -Treaties and International Agreements -International Organizations

manufacturing abroad

-Licensing -Franchising -Investing in a Wholly-Owned Subsidiary or Joint Venture

Global Enterprise Corporation, a U.S. firm, wishes to participate, but limit its involvement, in Middle Eastern markets. Global Enterprise empowers Alem, Ltd., a United Arab Emirates firm, to enter into contracts in certain countries on Global Enterprise's behalf. This is

Agency Relationship

Legal systems around the world are divided into?

Common and Civil Law Systems

Significant business develops in Spain for Graphic Comix, Inc., a U.S. firm. Graphic Comix appoints Comicas Graphico, Ltd., a Spanish firm, to act as Graphic Comix's marketing representative in Spain. This is

Indirect Exporting

space law

Law consisting of the international and national laws that govern activities in outer space.

The basis for a foreign country to give effect to the laws and court decisions of the United States within their own country is primarily

Maintain diplomatic relations

The Government sets a limit on the amount of rice that can be imported from the United States, this is a:

Quota

quotas and tariffs

Quotas LIMIT amount of goods. Tarrifs are TAXES upon imports

Any conspiracy that has a substantial effect on U.S. commerce is within the reach of the U.S. antitrust laws.

Sherman Act

U.S. Antitrust Laws

Subject firms in foreign nations to their provisions Protect foreign consumers and competitors from violations committed by U.S. citizens

Financial Invest Corporation, a U.S. firm, files a suit against Ghana in a U.S. court. Ghana claims foreign sovereign immunity. Under the Foreign Sovereign Immunities Act;

The Plaintiff must show that Ghana is not entitled to sovereign immunity

National Law

The Systems of Law Within a Particular Nation

T/F: Companies operating in foreign nations are subject to laws of those nations

True

WTO

World Trade Organization

licensing

a foreign firm uses an establishment name brand for a fee

distributor agreement

a us firm may wish to appoint a distributor located in a foreign country when it represents a substantial market

Multilateral Agreement

an agreement between more than two nations

Bilateral Agreement

an agreement between two nations

subsidiaries:

companies controlled by a parent company

Doctrine of Sovereign Immunity

exempts foreign nations from the jurisdiction of the US courts

agency

foreign firm acts as the U.S firms agent and can enter contracts in the foreign location on behalf of the principle.

A foreign state is not immune from U.S jurisdiction when the foreign state has waived its _________

immunity

Can Congress impose taxes on exports from the states?

no

prohibitions

no goods may be imported from enemy countries

indirect exporting

practice by which a company sells its products to intermediaries who then resell to buyers in a target market

exporting

simplest way to enter a foreign market

franchising

the franchiser licenses the franchisee to use the mark, name, or copyright under certain conditions, in the selling of goods or services.

joint ventures

u.s company owns only part of the operation with the rest owned by either local owners in the foreign country or another foreign entity

Antidiscrimination Laws

u.s employees are protected in foreign countries by age discrimination, race and sex discrimination etc.

anti dumping duties

used to deter dumping, selling imported goods at less than fair value