Deck 3: International Law

Question 1

Which statement about private international law is accurate?

A)Private international law governs relations among governments and international organizations.
B)Private international law applies to businesses and individuals.
C)Private international law includes the law of war.
D)Private international law sets out the basic rules of human rights.

Answer 1

B

Question 2

When a dispute arises between different countries, the preferred method of resolution is to litigate the case through the foreign court system because it is less expensive and more private to do so.

Answer 2

False

Question 3

One of the reasons the International Court of Justice (ICJ)is so vital to the resolution of international business disputes is that all parties are bound by the ICJ's decisions. Because of this, the Court has vast enforcement power.

Answer 3

False

Question 4

Incoterms rules are

A)a series of three-letter codes used in international contracts for the sales of goods.
B)trade agreements promoting common policies among member states.
C)a series of laws designed to make international contracts more uniform and predictable.
D)rules outlining when the power of one nation can impose its laws in other countries.

Question 5

NAFTA is a trade agreement between the United States, Canada, and Mexico.

Question 6

The United Nations Security Council, comprised of all its member nations, is the UN's lawmaking body.

Question 7

The law governing the acquisition of territory and the settlement of disputes among nations is public international law.

Question 8

How did it come about that China, France, Russia, the United Kingdom, and the United States are the five permanent members of the United Nations Security Council?

A)They were the primary victors in World War II.
B)They are the nations with the largest populations.
C)They are the economic leaders of the world.
D)They are the nations with the largest military forces.

Question 9

Islamic law, the legal system influenced by the religion of Islam, is referred to as shari'a .

Question 10

The Foreign Corrupt Practices Act prohibits bribery abroad.

Question 11

Which of the following is not a lawmaking body but is so influential that many of its voluntary rules, such as the Incoterms, are accepted as the global standard in international business?

A)International Chamber of Commerce
B)International Court of Justice
C)The United Nation's General Assembly
D)The World Trade Organization

Question 12

If a foreign government hires an American consulting firm to help the country's textile industry improve production operations, the contract is commercial, and if the foreign government refuses to pay, the consulting firm may sue the government in American courts.

Question 13

It is not a violation of U.S. law for a domestic company to import goods created by forced or indentured child labor if this type of "labor" is commonly allowed in that foreign country.

Question 14

Which of the following is the UN's lawmaking body?

A)the Security Council
B)the Secretariat
C)the International Court of Justice
D)the General Assembly

Question 15

International rules that have become binding through a pattern of consistent, longstanding behavior are referred to as customary international law.

Question 16

A contract involving the sale of goods from a Texas seller to a French wholesaler must always use the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Question 17

The World Bank's mission is to end poverty by encouraging development. It does so by lending money to poor countries on favorable terms.

Question 18

Private international law sets out the basic rules of human rights and laws defining the treatment of refugees, prisoners of war, and international criminals.

Question 19

Which of the following organizations was responsible for putting forth the UN Convention for the International Sale of Goods (CISG)and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)?

A)the World Bank
B)the UN Commission on International Trade Law
C)the International Monetary Fund
D)the World Intellectual Property Organization

Question 20

The fundamental principle of international law is the notion that each government has the absolute authority to rule its people and its territory.

Question 21

The principle that the courts of one nation lack the power to hear suits against foreign governments is called

A)judicial illegitimacy.
B)national jurisdiction.
C)judicial independence.
D)sovereign immunity.

Question 22

In which nation is shari'a most likely to be practiced?

A)Saudi Arabia
B)Australia
C)Brazil
D)Israel

Question 23

An American manufacturer has been asked to provide construction equipment to a foreign government. The contract is for a sizable amount, so the manufacturer wants to protect itself should the foreign government refuse to pay for the equipment once it has been delivered. What should the American manufacturer insist upon having if it wants to protect its right to sue the government in the event it does not pay for the goods?

A)a release of sovereignty
B)a statement of extraterritoriality
C)a waiver of immunity
D)a submission of arbitration to the ICA

Question 24

The United States and Argentina have signed the Convention on Contracts for the International Sale of Goods (CISG). Oxtron, Inc., a U.S. company, and Leer, an Argentinean company, have entered into a contract under which Oxtron is to ship medical devices to Leer. The contract does not include a choice of law provision. The contract will be governed by

A)the CISG.
B)the ICC.
C)the domestic contract law of Argentina.
D)the domestic contract law of the United States.

Question 25

Notren, Inc., a U.S. company, and SWT, a Singapore company, entered into a contract under which SWT is to ship party supplies to Notren. One of the terms of the contract states, "Any disputes that arise under this contract will be resolved in the courts of Singapore." This contract term is a

A)letter of credit.
B)choice of language clause.
C)choice of forum clause.
D)draft clause.

Question 26

UN peacekeeping forces are sent into a developing nation to help the elected government resist an attempted coup by rebels. This action was ordered by the

A)Economic and Social Council.
B)International Court of Justice.
C)UN Security Council.
D)Secretariat.

Question 27

The doctrine of stare decisis is fundamental to

A)civil law.
B)common law.
C)Islamic law.
D)customary international law.

Question 28

Explain the difference between public international law and private international law.

Question 29

Explain what the General Agreement on Tariffs and Trade (GATT)is and discuss the principles it was founded on.

Question 30

The Australian government has opened a for-profit tourist information center in New York City. If a dispute arises over the lease of the storefront, may the landlord sue the Australian government in the United States courts?

A)Yes, because the Australian government was engaged in a commercial activity.
B)No, because the Foreign Sovereign Immunities Act forbids U.S. courts from hearing any case (without exception)that involves a foreign government.
C)No, because the only way the Australian government can be sued is if it signed a written waiver of immunity.
D)Yes, because the Australian government violated international law.

Question 31

A binding process of resolving legal disputes by submitting them to a neutral third party is called

A)mediation.
B)arbitration.
C)investigation.
D)enforcement.

Question 32

Various agencies that have great impact on world business operate under the United Nations. Name these organizations and describe the purpose of each.

Question 33

The Foreign Sovereign Immunities Act (FSIA)provides that American courts generally cannot hear suits against foreign governments. Describe the two possible exceptions to this rule.

Question 34

Historically, many countries had dissimilar and confusing intellectual property rules covering copyrights, trademarks, and patents. Which of the following served to clarify and harmonize the trade-related aspects of intellectual property?

A)GATT
B)NAFTA
C)CISG
D)TRIPs

Question 35

Explain the origin and purpose of the World Trade Organization.

Question 36

A treaty is said to be _____ when those who have drafted it agree that it is in final form.

A)bound
B)entered into force
C)ratified
D)adopted

Question 37

The primary goal of the North American Free Trade Agreement (NAFTA)was to

A)allow Canada, the United States, and Mexico to compete as a common economic entity against other countries in the world.
B)allow for the free and unrestricted movement of people from one country to another to improve the labor market of Canada, the United States, and Mexico.
C)eliminate almost all trade barriers between Canada, the United States, and Mexico.
D)establish a common set of tariffs and trade restrictions for external countries.

Question 38

The Uniform Foreign Money Judgments Recognition Act provides that U.S. courts will recognize foreign judgments provided certain conditions are met. Which of the following is NOT one of those conditions?

A)The defendant was given notice and an opportunity to appear.
B)The award was based on a full and fair trial by an impartial tribunal with proper jurisdiction.
C)The judgment was not fraudulent or against public policy.
D)The case was heard in an American court.

Question 39

Which of the following statements best describes common law ?

A)Common law is law that is the same or similar in all states.
B)Common law is derived from statutes and codes made by legislatures.
C)Common law is based on Justinian and Napoleonic codes.
D)Common law requires judges to base their decisions on prior cases.

Question 40

Extraterritoriality can be defined as

A)the power of one nation to create trade restrictions that involve other countries.
B)the power to regulate tariffs in foreign nations as provided for by GATT.
C)the power of one nation to impose its laws in other countries.
D)the power of a company to extend its subsidiaries overseas without abiding by trade laws.