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CHAPTER 7: INTERNATIONAL LAW IN A GLOBAL ECONOMY

Chapter 7
International Law in
a Global Economy
TRUE/FALSE QUESTIONS
1.

An international custom is a general practice accepted in the


international arena as law.
ANSWER: T
NAT: AACSB Analytic

2.

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TYPE:

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TYPE:

In a civil law system, the only official source of law is a statutory


code.
ANSWER: T
NAT: AACSB Analytic

5.

TYPE:

Legal systems around the world are generally divided into common
law and civil law systems.
ANSWER: T
NAT: AACSB Analytic

4.

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A treaty is a contract or other agreement between two or more


nations that must be ratified by the United Nations to take effect.
ANSWER: F
NAT: AACSB Analytic

3.

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TYPE:

Common law and civil law systems are wholly distinct.


ANSWER: F
NAT: AACSB Analytic

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98
6.

UNIT ONE: THE FOUNDATIONS

In a civil law system, courts impose only civil sanctions for the
commission of crimes.
ANSWER: F
NAT: AACSB Analytic

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7.

In a common law system, the courts independently develop the rules


governing certain areas of the law.
ANSWER: T
NAT: AACSB Analytic

8.

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TYPE:

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TYPE:

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TYPE:

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TYPE:

The act of state doctrine provides that only a head of state can make
treaties with another nation.
ANSWER: F
NAT: AACSB Analytic

13.

PAGE:

Under the principle of comity, foreign nations are exempt from the
jurisdiction of U.S. courts.
ANSWER: F
NAT: AACSB Analytic

12.

Under the act of state doctrine, a firm whose assets a foreign government has expropriated may not recover compensatory damages
in a U.S. court.
ANSWER: T
NAT: AACSB Analytic

11.

TYPE:

Under the principle of comity, a foreign business that deals with a


U.S. business may be subject to U.S. law.
ANSWER: T
NAT: AACSB Analytic

10.

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The principle of comity is based primarily on international treaties.


ANSWER: F
NAT: AACSB Analytic

9.

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Confiscation occurs when a government seizes private property for a


proper public purpose and awards just confiscation.
ANSWER: F
NAT: AACSB Analytic

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14.

UNIT ONE: THE FOUNDATIONS

A foreign state is immune from the jurisdiction of U.S. courts unless


the state is involved in commercial activity within the United States.
ANSWER: F
NAT: AACSB Analytic

15.

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TYPE:

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AICPA Critical Thinking

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Congress cannot impose any restrictions on exports except taxes.


ANSWER: F
NAT: AACSB Analytic

21.

Restrictions on exports may include tariffs.


ANSWER: F
NAT: AACSB Analytic

20.

TYPE:

Franchising is a form of licensing.


ANSWER: T
NAT: AACSB Analytic

19.

A party to a licensing agreement generally agrees to pay royalties on


some basis.
ANSWER: T
NAT: AACSB Analytic

18.

TYPE:

A party to a licensing agreement agrees to keep certain information


confidential.
ANSWER: T
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17.

The simplest way for a U.S. firm to do business in a foreign mar ket is
to export its products directly to that market.
ANSWER: T
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16.

TYPE:

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Dumping is the exporting of environmentally polluting goods to a


foreign market
ANSWER:

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NAT: AACSB Analytic


22.

AICPA Legal

Antidumping duties are


environmental polluters.

the

responsibilities

ANSWER: F
NAT: AACSB Analytic

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of

international

TYPE:

102
23.

UNIT ONE: THE FOUNDATIONS

Quotas are limits on the amounts of goods that can be imported.


ANSWER: T
NAT: AACSB Analytic

24.

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Tariffs are taxes on imports.


ANSWER: T
NAT: AACSB Analytic

25.

PAGE:

The chief aim of the World Trade Organization and other trade
agreements is to maximize trade barriers among their members.
ANSWER: F
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26.

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TYPE:

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Force majeure clauses in international business contracts commonly


stipulate eventualities that excuse a party from liability for
nonperformance.
ANSWER: T
NAT: AACSB Analytic

29.

PAGE:

When a forum-selection clause is included in an international


contract, legal proceedings are more complex and attended by more
uncertainty.
ANSWER: F
NAT: AACSB Analytic

28.

The primary aim of the North American Free Trade Agreement is to


eliminate tariffs among the United States, Canada, and Mexico.
ANSWER: T
NAT: AACSB Analytic

27.

TYPE:

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TYPE:

Under a letter of credit, the issuer is bound to pay the beneficiary


after the beneficiary complies with the terms of the letter.
ANSWER: T
NAT: AACSB Analytic

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30.

The whistleblower provisions of the Sarbanes-Oxley Act of 2002 have


foreign, as well as domestic, application.
ANSWER: F
NAT: AACSB Analytic

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31.

UNIT ONE: THE FOUNDATIONS

Generally, a foreign government cannot sue under U.S. antitrust


laws in U.S. courts.
ANSWER: F
NAT: AACSB Analytic

32.

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TYPE:

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A foreign citizen can bring a civil suit in a U.S. court for a violation of
a treaty of the United States.
ANSWER: T
NAT: AACSB Analytic

35.

TYPE:

U.S. laws that prohibit discrimination in employment do not apply to


U.S. employees working for U.S. firms located abroad.
ANSWER: F
NAT: AACSB Analytic

34.

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Any conspiracy that has a substantial effect on U.S. commerce is


within the reach of the U.S. antitrust laws.
ANSWER: T
NAT: AACSB Analytic

33.

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TYPE:

A U.S. citizen can bring a civil suit in a U.S. court against a U.S. entity
for a tort allegedly committed overseas.
ANSWER: T
NAT: AACSB Analytic

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MULTIPLE-CHOICE QUESTIONS
1.

The government of the United States and the governments of other


nations have the power to enforce their respective national laws
within their borders. The power to enforce international law within
the borders of all nations rests with
a.
b.
c.
d.

no court or international organization.


the European Union.
the International Court of Justice.
the United Nations General Assembly.

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ANSWER: A
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2.

approve the European Unions enforcement of the law.


ask the International Court of Justice to enforce sanctions.
seek enforcement of the law through the United Nations.
take coercive actionsever relations, impose boycotts, go to
war.

ANSWER: D
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a
a
a
a

bilateral agreement.
lateral agreement.
multilateral agreement.
unilateral agreement.

ANSWER: C
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TYPE:

China and India form an agreement to govern their commercial exchanges with one another. This is
a.
b.
c.
d.

a
a
a
a

bilateral agreement.
lateral agreement.
multilateral agreement.
unilateral agreement.

ANSWER: A
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5.

TYPE:

The Association of Southeast Asian Nations is a regional trade


association that was created through
a.
b.
c.
d.

4.

The government of Iran violates an international law. Persuasive


tactics to remedy the situation fail. The only recourse of other
nations is to
a.
b.
c.
d.

3.

TYPE:

TYPE:

Yokio, Ltd., and Zeno, S.A., transact an international sale of goods.


For these parties, and other international buyers and sellers, the
United Nations Convention on Contracts for the International Sale of
Goods spells out the duties that apply

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UNIT ONE: THE FOUNDATIONS

a.
b.
c.
d.

if Article 2 of the Uniform Commercial Code does not apply.


if a dispute is submitted to the International Court of Justice.
if the parties have not agreed otherwise in their contracts.
under all circumstances.

ANSWER: C
NAT: AACSB Analytic

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CHAPTER 7: INTERNATIONAL LAW IN A GLOBAL ECONOMY

6.

Mexico has a civil law system. In theory, in this system, the courts
a.
b.
c.
d.

are obligated to follow the doctrine of stare decisis.


may not develop their own laws.
must create new rules of law.
must develop legal concepts by case law.

ANSWER: B
NAT: AACSB Analytic
7.

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a travesty of justice.
the act of state doctrine.
the doctrine of sovereign immunity.
the principle of comity.

ANSWER: D
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TYPE:

Call Center Corporation, a U.S. firm, owns property in India. The


government of India seizes the property for a proper public purpose
and pays Call Center just compensation. This is
a.
b.
c.
d.

confiscation.
defalcation.
dumping.
expropriation.

ANSWER: D
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9.

Michael, a citizen of Ireland, and Nina, a citizen of the United States,


enter into a contract. When Nina breaches the contract, Michael
obtains an award of damages in an Irish court. He asks a U.S. court
to enforce the award. The U.S. court defers to and enforces the Irish
courts decree. This is
a.
b.
c.
d.

8.

TYPE:

TYPE:

Mountain Mining Company, a U.S. firm, owns property in Bolivia. The


government of Bolivia seizes the property for an illegal purpose
without paying just compensation. This is
a.
b.
c.

confiscation.
defalcation.
dumping.

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d.

expropriation.

ANSWER: A
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TYPE:

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CHAPTER 7: INTERNATIONAL LAW IN A GLOBAL ECONOMY

10.

Sudan seizes the assets of Triage Medical, Inc., a U.S. firm. Triages
recovery from Sudan in a U.S. court may be prevented by
a.
b.
c.
d.

the
the
the
the

act of state doctrine.


doctrine of sovereign immunity.
Foreign Corrupt Practices Act.
principle of comity.

ANSWER: A
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11.

a travesty of justice.
the act of state doctrine.
the doctrine of sovereign immunity.
the principle of comity.

ANSWER: C
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TYPE:

WiFi Corporation, a U.S. firm, signs a contract with Bueno


Computadores, Ltd., an Argentinean firm, for a shipment and
payment for WiFis goods. This is
a.
b.
c.
d.

a distribution agreement.
a joint venture.
direct exporting.
licensing.

ANSWER: C
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13.

UniOil, a U.S. firm, owns property in Venezuela. When the


government of Venezuela seizes the property, UniOil asks a U.S.
court to order the propertys return. The court rules that Venezuela is
exempt from the courts jurisdiction. This is
a.
b.
c.
d.

12.

TYPE:

TYPE:

Optima Medico Corporation, a U.S. firm, signs a contract with Pharma


Beneficial, Ltd., a Canadian firm, to give Pharma the right to sell
Optimas products in Canada. This is
a.
b.
c.

a distribution agreement.
a joint venture.
direct exporting.

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d.

licensing.

ANSWER: A
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TYPE:

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CHAPTER 7: INTERNATIONAL LAW IN A GLOBAL ECONOMY

14.

Innovative Manufacturing Company, a U.S. firm, signs a contract with


Librador Corporacion, a Columbian firm, to give Librador the right to
use Innovatives production processes. This is
a.
b.
c.
d.

a distribution agreement.
establishing a foreign manufacturing facility.
indirect exporting.
licensing.

ANSWER: D
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15.

a distribution agreement.
a joint venture.
direct exporting.
licensing.

ANSWER: D
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TYPE:

Significant business develops in Mexico for Natural Beauty


Cosmetics, Inc., a U.S. firm. Natural Beauty appoints Ojos, Ltd., a
Mexican firm, to act as Natural Beautys marketing representative in
Mexico. This is
a.
b.
c.
d.

a joint venture.
franchising.
indirect exporting.
licensing.

ANSWER: C
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17.

Adams Manufacturing Company, a U.S. firm, signs a contract with


Bolivar Corporacion, a Columbian firm, to give Bolivar the right to
use Adamss production processes. This is
a.
b.
c.
d.

16.

TYPE:

TYPE:

Senator Wyden and other politicians want to limit the flow of


technologically advanced products and data from the United States
to other countries. To carry out this objective, Congress can
a.
b.

do nothing.
assess antidumping duties.

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c.
d.

impose export taxes.


impose export restrictions on these products.

ANSWER: D
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18.

neither quotas nor tariffs.


quotas only.
quotas or tariffs.
tariffs only.

ANSWER: C
NAT: AACSB Analytic

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TYPE:

Congresswoman Pelosi and other politicians want to prohibit the


import of certain agricultural products that pose a danger to
domestic crops. With respect to these products import, Congress can
a.
b.
c.
d.

do nothing.
impose quotas, but not tariffs.
impose tariffs, but not quotas.
prohibit the imports.

ANSWER: D
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20.

World Trading Company imports products made in South America to


North America, including the United States. Restrictions on these
imports may include
a.
b.
c.
d.

19.

TYPE:

TYPE:

The government of Canada sets a limit on the amount of beef that


can be imported from the United States. This is
a.
b.
c.
d.

a dumping duty.
an antidumping duty.
a quota.
a tariff.

ANSWER: C
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TYPE:

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21.

Vieux Carr S.A., a French firm, imports its goods into the United
States and offers those goods for sale at less than fair value. Fair
value is the price of
a.
b.
c.
d.

comparable goods in a select basket of other countries.


Vieux Carrs goods in France.
Vieux Carrs goods in the United States.
Vieux Carrs goods on the world market.

ANSWER: B
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22.

an antidumping duty.
a dumping duty.
a quota.
a tariff.

ANSWER: D
NAT: AACSB Analytic

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TYPE:

Wang Ltd., a Chinese firm, imports its goods into the United States
and offers those goods for sale at less than fair value. This is
a.
b.
c.
d.

confiscation.
defalcation.
dumping.
expropriation.

ANSWER: C
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24.

The United States taxes each barrel of imported oil at a flat rate. This
is
a.
b.
c.
d.

23.

TYPE:

TYPE:

The Council of Ministers and the Court of Justice are among the
governing authorities of an international trading organization known
as
a.
b.
c.
d.

the
the
the
the

European Union.
North American Free Trade Agreement.
United Nations.
World Trade Organization.

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ANSWER: A
NAT: AACSB Analytic
25.

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TYPE:

The United States and other members of a certain organization


agree to grant normal trade relations status on each other with
regard to imports and exports. This organization is
a.
b.
c.
d.

the Convention on Contracts for the International Sale of


Goods.
the International Export-Import Bank.
the United Nations.
the World Trade Organization.

ANSWER: D
NAT: AACSB Analytic

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CHAPTER 7: INTERNATIONAL LAW IN A GLOBAL ECONOMY

26.

Sam, or any U.S. citizen, can bring a civil suit in a U.S. court against
a foreign entity for
a.
b.
c.
d.

a tort allegedly committed in the United States only.


a tort allegedly committed in the United States or overseas.
a tort allegedly committed overseas only.
no purpose.

ANSWER: B
NAT: AACSB Analytic
27.

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a choice-of-forum clause.
a choice-of-law clause.
a force majeure clause.
an arbitration clause.

ANSWER: A
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TYPE:

Bytes Business Corporation, a U.S. firm, and Comida Comercial, S.A.,


a Mexican firm, are parties to a contract that does not specify a
choice of law. The governing law is that of
a.
b.
c.
d.

any third country.


Spain.
the buyers place of business.
the sellers place of business.

ANSWER: C
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29.

A clause in a contract between Timber Corporation, a U.S. business,


and Wang, Ltd., a Japanese business, specifies that disputes over the
contract will be adjudicated in the United States. This is
a.
b.
c.
d.

28.

TYPE:

TYPE:

Quality Energy Company, a U.S. firm, and Royal Petro, a Dutch firm,
enter into a contract that includes an arbitration clause. This clause
must provide that the arbitrator will be
a.
b.
c.
d.

any third party.


the American Arbitration Association.
the Dutch Arbitration Organization.
the International Chamber of Commerce.

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ANSWER: A
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30.

the
the
the
the

act of state doctrine.


doctrine of sovereign immunity.
Foreign Corrupt Practices Act.
principle of comity.

ANSWER: C
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TYPE:

Apple Sweets, Inc., a U.S. firm, enters into an agreement with


Belgian Exportes, Ltd., a Belgian firm, to fix the price of chocolate in
the U.S. market. Candy, Inc., a U.S. firm, files a suit against both parties, alleging that their agreement violates U.S. antitrust laws.
Assuming that the agreement is a per se violation of those laws, a
U.S. court could exercise jurisdiction over
a.
b.
c.
d.

Apple Sweets and Belgian Exportes.


Apple Sweets only.
Belgian Exportes only.
neither Apple Sweets nor Belgian Exportes.

ANSWER: A
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32.

To obtain a contract with the Chinese government, Digby


Engineering Corporation a U.S. firm, gives a Chinese official a sport
utility vehicle. This may violate
a.
b.
c.
d.

31.

TYPE:

TYPE:

Two South Korean firms enter into a joint venture in an attempt to increase their market share of the U.S. consumer-electronics market.
American Products, Inc., a U.S. firm, files a suit against the joint venture, alleging that it violates U.S. antitrust laws. Assuming that the
joint venture is not a per se violation of those laws, a U.S. court
could exercise jurisdiction over the firms
a.
b.
c.
d.

if the agreement has a substantial effect on U.S. commerce.


if the agreement has any effect on U.S. commerce.
under any circumstances.
under no circumstances.

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ANSWER: A
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TYPE:

118
33.

UNIT ONE: THE FOUNDATIONS

Real World Sports Corporation (RWSC) is a U.S. firm with a workplace


in Switzerland. Generally, RWSC must abide by U.S. antidiscrimination laws in Switzerland
a.
b.
c.
d.

under any circumstances.


under no circumstances.
unless to do so would contravene the cultural norms of
Switzerland.
unless to do so would violate the law of Switzerland.

ANSWER: D
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34.

Fabiola, or any foreign citizen, can bring a civil suit in a U.S. court for
a.
b.
c.
d.

a violation of a treaty of the United States only.


a violation of a treaty of the United States or of the law of
nations.
a violation of the law of nations only.
no purpose.

ANSWER: B
NAT: AACSB Analytic
35.

TYPE:

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TYPE:

Aung-San and other Burmese citizens allege that Railway


Construction Company, a U.S. firm, collaborated with the
government of Myanmar (Burma) in committing human rights
violations within that country. To seek redress for their injuries in a
U.S. court, these citizens can
a.
b.
c.
d.

blow the whistle under the Sarbanes-Oxley Act.


bring civil suits under the Alien Tort Claims Act.
file criminal complaints under Title VII of the Civil Rights Act.
do nothing.

ANSWER: B
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TYPE:

ESSAY QUESTIONS
1.

Standard International Diversified Corporation (SIDC) owns assets in


Tagistan, a new country in Asia. The government of Tagistan wants to

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119

nationalize all assets owned by foreign firms and investors. What can
SIDC do? Can it at least obtain payment for the assets?
ANSWER: If a government decides to seize property within its borders, and not to pay for it, there are few remedies available. This is
of course a confiscation, which results when a government takes
private property for an illegal purpose without paying just
compensation. (An expropriation, by contrast, occurs when a
government seizes private assets or a private business for a legal
purpose and pays for the seizure.) Under most circumstances, it is
unlikely that a confiscating nations courts would order its
government to pay just compensation, even if the court had the
authority to do so. In a case alleging that a foreign government has
wrongfully taken a business firms property, the defendant
government has the burden to prove that the taking was an
expropriation, not a confiscation. But the act of state doctrine can
prevent a firms recovery in a court in the firms home country.
Under that doctrine, a court in one country will not review the
validity of a public act of a recognized foreign government within it
own territory. (Some nations guarantee compensation to foreign
investors in their constitutions, statutes, or treaties. Others (such as
the United States) provide some insurance for their citizens
investments abroad. Claims are often resolved by lump-sum
settlements after negotiations, as between the United States and the
confiscating nation.)
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TYPE: N
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2.

Savory Cooking Sauces, Inc., a U.S. business firm, makes and sells
distinctively flavored cooking sauces. Although the recipes are
secret, the ingredients could be revealed and the sauces could be
reconstructed with diligent efforts. What can Savory do to prevent its
products from being decoded and pirated abroad?
ANSWER: One possibility is that Savory Cooking Sauces, or any
U.S. firm, or any domestic firm in any nation, can license its recipe,
formula, product, or process to a foreign company to avoid the theft
of the trade secret. The foreign firm would obtain the right to make
and sell the product according to the recipe (or formula, or right to
use the process, or other trade secret) and agree to keep the
information confidential and to pay royalties to the licensing firm.
The royalties might be based on so many cents per unit made or a

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percentage of profits from units sold in a particular geographic


territory. Licensing can benefit both parties to the deal. A firm that
receives the license can take advantage of an established
reputation. The firm that grants the license can receive income from
the sale of the license or the sales of its products and may enhance
its reputation through this marketing. Once a firms products are
more widely known globally, the firm may experience an increased
demand for other products that it makes or sells.
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