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International Business Law > IBL Midterm > Flashcards

IBL Midterm Flashcards

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1
Q

what is public international law?

A

the laws/rules governing relationships between nations and individuals/organizations

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2
Q

what is private international law?

A

the laws/rules governing the rights/duties between individuals/organizations across national borders

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3
Q

identify 1 customary international law

A

prohibition on genocide, piracy, slavery, diplomatic immunity
protection of civilians during war
torture
nonconsensual medical treatment

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4
Q

identify 1 source/basis for public international law

A

agreements between nations (treaties)
international customary law
international principles and doctrines

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5
Q

identify 1 source/basis for private international law

A

public international laws
national laws
private contracts
business codes of conduct

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6
Q

name 2 well settled international legal principles and doctrines

A

comity
act of state
doctrine of sovereign immunity

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7
Q

what is a treaty

A

an agreement between nation(s)

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8
Q

what is a convention?

A

a multilateral treaty on a matter of common concern that is often the result of actions of an international organization

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9
Q

what is it called when a nation formally disagrees with part of a treaty?

A

reservation

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10
Q

what is it called when a nation formally agrees to be bound by a treaty?

A

ratification

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11
Q

what is a friendship, commerce, and navigation treaty?

A

a bilateral treaty that protects people from the two nations when traveling and doing business between the nations

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12
Q

what is territorial criminal jurisdiction?

A

power to hear cases involving crimes occurring within nation’s territorial borders

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13
Q

what is nationality criminal jurisdiction?

A

power to bring and hear cases against national citizens for violation of nation’s laws regardless of where it happens

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14
Q

what is a forum select clause?

A

a written clause in a contract in which the parties agree on the forum where disputes will be decided

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15
Q

what rules does the US apply to determine if it has personal jurisdiction over a foreign defendant?

A

the minimum contacts rule… if the defendant has sufficient targeted contacts with the US

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16
Q

what is the forum non conveniens doctrine and how is it applied?

A

the doctrine allows a U.S. court to decline to hear a case if another court with jurisdiction over the case has a closer connection to the case and would be able to provide appropriate relief. the court looks at where the evidence is located and the ability to enforce the judgment.

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17
Q

identify 1 reason why nations create trade laws

A

protectionism (protection national businesses, workers, resources)
revenue
safety
retaliation

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18
Q

what is a tariff?

A

a tax on a good imposed by the importing country

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19
Q

what is a quota?

A

limit on quantity of goods by imported country

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20
Q

what is the most favored nation rule?

A

this is a trade rule applicable to all WTO members that states that a nation must treat all member nations alike. it must provide the same treatment to member nations as it applies to its most favorite nation

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21
Q

what is dumping and what can a nation do in response to dumping?

Study These Flashcards
A

dumping is selling goods in a foreign country for less than price charged for like or comparable goods in home country. a nation can impose antidumping duties (an additional import tax) on dumped goods.

22
Q

name 2 reasons why intellectual property rights are valuable to a business

Study These Flashcards
A

owner can:
be exclusive supplier
can rent/license rights for limited time
can transfer/assign rights

23
Q

what is the name of the specialized UN agency that administers TRIPS and other IP treaties

24
Q

what is the term for trade secrest in TRIPS?

25
identify 2 main rules regarding protection for copyrights under the Berne Convention
registration is not required no copyright notice is required works must be protected for minimum 50 years moral rights of authors are protected
26
how is a trademark protected in most countries?
generally, it is based on the first entity to file for protection with the country
27
identify 2 political risks of investing in a foreign asset
changing laws changing government war trade controls taking of assets by government currency fluctuation
28
what is privatization?
transfer of government owend asset to private parties
29
what is nationalization
taking of entire industry by government
30
how does a worldwide taxation system work?
a citizen's income can be taxed regardless of where it is made
31
under the modern-traditional theory, taking of a foreign-owned property by a host country is legal if what?
it is for a public purpose it is not discriminatory it is accompanied by prompt, adequate, and effective compensation
32
what are the three main forms of conducting international business?
trade licensing of IP foreign direct investment
33
what does WIPO stand for and what do they do?
world intellectual property organization they promote and protect intellectual property worldwide
34
what does WTO stand for?
world trade organization
35
what does TRIPS stand for, what is it, and what organization is it under?
Trade-Related Aspects of Intellectual Property Rights an international legal agreement between all the member nations of the WTO under the WTO
36
what does ICANN stand for and what does it do?
the internet corporation for assigned names and numbers group responsible for coordinating the maintenance and procedures of several databases related to the namespaces and numerical spaces of the internet (aka keeping the internet running)
37
what does FDI stand for?
foreign direct investment
38
expropriation definition
the action by the state or an authority taking property from its owner for public use or benefit
39
confiscation definition
the action of taking or seizing someone's property with authority
40
creeping expropriation definition
gradual/incremental removal of ownership rights from a foreign investor through a series of government actions
41
what is the paris convention?
historic intellectual property treaty that established a union for the protection of industrial property rights across different categories like patents, trademarks, and industrial designs
42
what is the madrid protocol?
international treaty that simplifies the process of registering trademarks internationally... trademark owners can apply for and manage their trademark protection in multiple countries by filing a single application
43
what are grey market goods?
products that are bought in a foreign country and sold more cheaply than in the manufacturer's usual distribution system
44
what is the islamic law system?
system of law and ethics based on the Quran that covers various aspects of life, including religious practices, personal status, family law, business, and criminal justice
45
what is terrioriality?
the behavior of tendency of an individual or group to defend a specific territory or area
46
what is the effects doctrine?
legal principle that allows congress to regulate activities within a state that have a significant impact on commerce between states, even if those activities are not directly related to interstate commerce
47
what is nationality?
an individual's legal status as a member of a particular state, establishing a legal relationship between the individual and that state
48
what is passive personality?
principle that allows states to claim jurisdiction over foreign nationals for crimes committed abroad that affect their own citizens
49
what is the protective principle?
principle that allows states to apply their laws extraterritorially to protect their security and essential interests when those interests are threatened by conduct, even if that conduct occurs outside the state's territory
50
what is universal international law?
law that refers to the idea that certain principles of international law apply to all states and inviduals, regardless of their location or nationality

International Business Law (1 decks)

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