Final BA3304
________ are legally binding agreements between states sponsored by international organisations. a. Doctrines b. Conventions c. Treaties d. Estoppels
Conventions
Which of the following characterizes arbitration? a. It is the basic rights intended to protect all people from cruel and inhumane treatment, threats to their lives, and persecution. b. It is justice applied in circumstances not covered by rules of law. c. It is the liability of a state for the injuries that it causes to foreign persons. d. It is the process by which parties to a dispute submit their differences to the judgment of an impartial third person or group selected by mutual consent.
It is the process by which parties to a dispute submit their differences to the judgment of an impartial third person or group selected by mutual consent.
________ is based on principles found in the Koran and related writings. a. Corpus Juris Civilis b. Jus commune c. Lex mercatoria d. Shari'a
Shari'a
A group of states that have reduced or eliminated trade barriers among themselves and have established a common external tariff is called ________. a. an economic consultative association b. a free trade area c. the United Nations System d. a customs union
a customs union
According to the doctrine of imputability, ________. a. a state is only responsible for actions that are attributable to it b. a new state coming into existence through decolonization is under no obligation to succeed to the treaties of its former colonial power c. customary international law is applicable domestically only after it is adopted by legislation, court decision, or local usage d.all persons, including the sovereign, are subordinate to the rule of law
a. A state is only responsible for actions that are attributable to it
Which of the following is a dispute settlement organ of the WTO that is charged with administering and carrying out the Dispute Settlement Understanding? a. Appellate Body b. International Criminal Court c. International Court of Justice d. International Center for the Settlement of Investment Disputes
a. Appellate Body
The ________ is an agreement between a host state and a foreign investor that says that the investor will not seek the diplomatic assistance of his, her, or its home state in resolving disputes with the host state. a. Calvo Clause b. Exclusionary rule c. Shelter principle d. Due Process Clause
a. Calvo Clause
________ is a form of international dispute settlement that attempts to reconcile parties to a disagreement by use of negotiation, mediation, or inquiry. a. Diplomacy b. Litigation c. Arraignment d. Petition
a. Diplomacy
________ is the state's taking or deprivation of the property of foreigners. a. Expropriation b. Easement c. Arraignment d.Accommodation
a. Expropriation
The ________ is a body of the World Bank that provides political risk insurance guarantees to private sector investors and lenders. a. Multilateral Investment Guaranty Agency b. Foreign Credit Insurance Association c. International Development Association d. Overseas Private Investment Corporation
a. Multilateral Investment Guaranty Agency
________ prohibits contracts, agreements, and conspiracies that restrain interstate or international trade. a. Section 1 of the Sherman Act b. Section 2 of the Taft-Hartley Act c. Section 4 of the Clayton Act d. Section 2(a) of the Robinson-Patman Act
a. Section 1 of the Sherman Act
The ________ doctrine holds that courts should apply the law of the nation-state that has the most interest in determining the outcome of the dispute. a. governmental interest b. most significant relationship c. act of state d. vested rights
a. governmental interest
A(n) ________ is a domestic firm that operates internationally through independent foreign agents. a. nonmultinational enterprise b. international multinational enterprise c. transnational companies d. national multinational enterprise
a. nonmultinational enterprise
Which of the following international treaty on global warming was adopted with the Rio Declaration? a. the United Nations Framework Convention on Climate Change b. the United Nations Convention on the Law of the Sea c. the Kyoto Protocol d. the Western Climate Initiative
a. the United Nations Framework Convention on Climate Change
In case of a person with dual citizenship, which of the following is true about using the lack of nationality objection for the two countries involved? a. It cannot be used against the country of master nationality by the other country. b. It cannot be used by either of the two countries against each other. c. It cannot be used by a third country against any one of the two countries involved. d. It cannot be used by any one of the two countries against a third country.
a.It cannot be used against the country of master nationality by the other country.
Which of the following is true of a subsidiary? a. A subsidiary is used to operate a parent company's holding company. b. A subsidiary insulates the parent company from unlimited liability. c. A subsidiary does not actually conduct business; rather, it functions as a foreign contact point. d. A subsidiary is a part of the parent company and is not separately incorporated.
b. A subsidiary insulates the parent company from unlimited liability.
Which of the following is true of a company's agent situated in a foreign country? a. An agent has to be separately incorporated in the foreign country to be considered legal. b. An agent is not subject to the laws of the parent-nation. c. agent is not subject to the supervision of its parent company. d. An agent's authority is equal to that of the parent company.
b. An agent is not subject to the laws of the parent-nation.
Which of the following is true of the composition of the International Court of Justice? a. Its members represent their governments. b. It is composed of 15 judges. c. Its judges are elected to fifteen-year terms of office. d. Its judges are elected by the European Commission.
b. It is composed of 15 judges.
Which of the following is true of the World Trade Organization (WTO)? a. Its functions are governed by the Rome Statute. b. It is responsible for implementing and enforcing the rules of international trade between nations. c. It is the trade-dispute settlement body of the United Nations. d. Its dispute settlement process is governed by an agreement known as the General Agreement on Tariffs and Trade.
b. It is responsible for implementing and enforcing the rules of international trade between nations.
The ________ was issued by the United Nations Conference on the Environment and Development and it linked protection of the environment and development as related goals. a. UN charter b. Rio Declaration c. Bonn Agreement d.Kyoto Protocol
b. Rio Declaration
The doctrine of international standard of care states that ________. a. a state must treat aliens the same way that it treats its own nationals b. a state is responsible for injuring an alien when the state's conduct violates international norms c. a state is obliged to admit aliens into its territories freely d. a state is responsible for the actions of its nationals present in other countries
b. a state is responsible for injuring an alien when the state's conduct violates international norms
In civil law countries, a(n) ________ is any private wrong or injury, or a minor public wrong or injury. a. writ b. delict c. certiorari d. estoppel
b. delict
A subsidiary differs from a branch in that a subsidiary ________. a. is a co-parent company b. is a company organized as a separate legal entity that is owned by the parent c. is considered an agent of the parent company governed by an agency contract, but not owned by the company d. is just a unit or a part of the parent with no separate legal status
b. is a company organized as a separate legal entity that is owned by the parent
The ________ is a rule applied by courts on a case-by-case basis requiring them to consider all of the circumstances in deciding whether a restrictive practice should be prohibited as imposing an unreasonable restraint on competition in violation of Sherman Act Section 1. a. choice of law rule b. rule of reason c. per se rule d. rule of reciprocity
b. rule of reason
Which of the following is true of the International Criminal Court? a. Its judges are elected by the United Nations General Assembly. b. The court's jurisdiction is limited to events taking place since Jan 1, 2012. c. Its jurisdiction and functioning are governed by the Rome Statute. d. It is the principal judicial organ of the United Nations.
c. Its jurisdiction and functioning are governed by the Rome Statute.
Which of the following is true of corporations and companies being treated as separate legal entities? a. The rights and benefits accruing to the company belong to its owners. b. The owners are obligated to make all decisions on behalf of the company. c. The liability of the owners becomes limited to their investment in their company. d. The owners are obligated to pay the company's debts from their personal estates if necessary.
c. The liability of the owners becomes limited to their investment in their company.
The process by which an impartial third party makes an independent investigation and suggests a solution to a dispute is called ________. a. arbitration b. negotiation c. conciliation d. inquiry
c. conciliation
The practice or courtesy existing between states of treating each other with goodwill and civility is called ________. a. jus commune b. comity c. jus cogens d.usus
comity
________ are laws enacted in some countries to obstruct the extraterritorial application of U.S.antitrust laws by limiting a plaintiff's right to obtain evidence or to enforce a judgment, and that allows a defendant to bring suit locally to recover punitive damages paid in the United States. a. Whistleblower statutes b. Consent decrees c. Jim Crow statutes d. Blocking statutes
d. Blocking statutes
A free zone located within or near a port city is called a(n) ________. a. free retail zone b.exclusive economic zone c. special economic zone d. free trade zone
d. Free trade zone
In municipal law, the right of a government to "take" property for public purposes is known as _________. a. estoppel b. arraignment c. jus commune d. eminent domain
d. eminent domain
The ________ is a provision in a contract designating a particular court or tribunal to resolve any dispute that may arise concerning the contract. a. due process clause b. choice of law clause c. supremacy clause d. forum selection clause
d. forum selection clause
An international multinational enterprise differs from a multinational enterprise in that an international multinational enterprise ________. a. does not do business in its parent country b. does not use subsidiaries c. has only one parent company with many subsidiaries d. has two or more parent companies located in different states
d. has two or more parent companies located in different states
The OPIC provides insurance for creeping expropriations ________. a. even if the expropriation is partial b. only if the expropriation is breaking international law c. only if the expropriation happens without the involvement of the residential state of the investor d. only if the investor is willing to give up all claims to the investment
d. only if the investor is willing to give up all claims to the investment
Which of the following would be a valid reason for the parent company to convert a branch into a locally organized subsidiary? a. to bring it under even stricter supervision of the parent company b. to decrease local participation in the branch c. to remove the separate legal entity status of the branch d. to insulate the parent company from local liability
d. to insulate the parent company from local liability
The ________ is a provision in a contract designating the state whose law will govern disputes relating to the contract. a. omnibus clause b. forum selection clause c. escape clause d.choice of law clause
d.choice of law clause
The United Nations is a type of ________. a. intergovernmental organization b. multinational enterprise c. nonprofit non-governmental organization d. transnational corporation
intergovernmental organization
The common law of Europe is called the ________. a. jus commune b. Shari'a c. jus cogens d. lex mercatoria
jus commune
A(n) ________ is a business firm operating branches, subsidiaries, or joint ventures in two or more states. a. multinational enterprise b. economic consultative association c. for-profit NGO d. intergovernmental organization
multinational enterprise
A doctrine which states that all persons, including the sovereign, are subordinate to the rule of law is called the ________. a.supremacy of the law b.Estrada doctrine c.state responsibility d.Clean slate doctrine
supremacy of the law
A ________ is a legally binding agreement between two or more states. a.convention b.treaty c.estoppel d.comity
treaty