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International Business Law
Russell McDonald II
Schiller International University
Author Note
This paper was prepared for International Business Law – BA 560, taught by Professor James Vricos.
Question 1
1. You own a small company that produces pens here in America. You do a great deal of business in Canada. Your Canadian sales distributor has recently stopped selling your pens as agreed to in your contract with him. He has instead been selling the pens of one of your competitors. You believe this to be a breach of contract and wish to bring some sort of legal action against him to recoup your losses.
Strengths and Weaknesses of traditional litigation In a court of law, litigation is the final alternative used when coming to a resolution for a disagreement. Litigation is highly used in the United States, although not as common in other countries (Schaffer, Agusti, & Dhooge, 2014, p. 62). Strengths of the traditional litigation include the decision being
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The two-level games took place with the President as the chief negotiator. When he was in the international setting, he did what was right in order to please those to his left and right, however, when he had to come back in front of the domestic actors, it was a totally different situation at level II. When the President, went back to the Senators, they were strongly against the decision to ratify the protocol. This is because they were looking at the interest of the people of the United States. The World Trade Organization (WTO). The World Trade Organization is one of the intergovernmental organizations that help to regulate international trade (Schaffer, Agusti, & Dhooge, 2014, p. 8). The organization also helps oversee the application of international property rights law.
Assess the effectiveness of these efforts. To what extent have they
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
The High Court focused primarily on the nature of the employment relationship between Vabu Pty Ltd and its cour...
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
International Trade Law Case Study Introduction International trade transaction is essential for the sale of goods with the addition of an international element. In practice, the seller and buyer are in different countries where the goods must travel from the seller’s country to the buyer’s country by various means of transports. In international sale of goods, they usually transit the goods by sea because of the international transactions. Therefore, contracts for the carriage of those goods must be procured between the seller or buyer and common carrier depending on different types of sale of contracts. Moreover, in most of incidences, the agreed goods are usually insured at a reasonable amount in case of being loss or damaged during the transit.
Hwang P, 1998, Fordham International Law Journal, 22 (2), Art 5, Available at: http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1594&context=ilj, [Accessed 02nd April, 2014]
18. Rugman, Alan M. and Collinson, Simon. International Business 4th Edition. Essex : Pearson Education Limited, 2006.
In this scenario, a bet of $1000 between two people on the outcome of a football game occurs. A short statement regarding the bet is written and signed on a napkin; witnessed by 10 other people. After winning the bet, the other loosing person refuses to pay the $1000 to the winner. The questions to answer here is whether the winner will be able to legally collect the money from the looser? Why or why not?
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
Does the World Trade Organization in this case represent a loss of U.S. national sovereignty? Why do you think the WTO sided with the European Union?
[7] Cavendish Lawcards Series (2002) Company Law (3rd edn), p.15 [8] [1976] 3 All ER 462, CA. [9] Griffin, S. (1996) Company Law Fundamental Principles (2nd edn), p.19 [10] [1990] Ch 433. [11] Lecture notes [12] Lecture notes [13] [1939] 4 All ER 116.
The principles do not lay down any of these criteria. The assumptions, however is that the concept of international contracts ought to be given the broadest p...
International trade and investment are commercial operations of critical importance for economic development that pose peculiar legal challenges. Cross-border transactions require the conclusion of several contracts (e.g., relating to sale of goods, transport, financing, dispute resolution), each of them with one or more foreign element; international investments demand a dedicated legal framework to ensure predictability of their various phases . The adoption of a uniform commercial text is commonly seen as the most effective method to ensure that modern, efficient and predictable legislation is enacted. Recognising such needs, the sale of goods contracts are widely recognised as the backbone of international trade and therefore attempts to make a uniform commercial text started as early as 1930. The CISG is the culmination of decades of negotiations and discussions over the harmonization of international sales law.
I found this topic so interesting and motivating and I believe that I got some new knowledge and skills after attended this assignment topic. My experience has been successfully expanded as a result of attending classes, to include global approach to the international business. I found out that practice for international business has become little bit complicated due to influence of globalization.
International organizations create space for its members to coordinate interests and actions which helps promote interdependent relationships among them and strengthens their legitimacy. As society has progressed, it has globalized, and in the past 50 years states have had to address their growing dependence, especially in the economic sector. The World Trade Organization (WTO), is an institution which has an immense impact on the international political economy and the way states function within the international system. It organizes agreements and treaties which govern how its members decide policies, tariffs, and keeps states accountable for their actions. For example, the General Agreement on Tariffs and Trade (GATT), determines how states can regulate their import and exports. (Hurd 2014,