Deck 2: International Law and the Worlds Legal Systems

Question 1

One reason international business law still retains a "national" character is that national attitudes toward economics affect attitudes toward law and regulation.

Answer 1

True

Question 2

The jurisdiction of the International Court of Justice upon its members in a dispute is compulsory.

Answer 2

False

Question 3

A code of conduct is a set of principles that guide people's behavior and actions when communicating with others via the Internet and social media.

Answer 3

False

Question 4

The International Court of Justice, formed in 1945, is the primary judicial art of the World Trade Organization.

Question 5

In a common law system, the judge has the power to control the conduct of the trial and empowered with authority to examine witnesses and demand tangible evidence from the plaintiff and defendant.

Question 6

International business law draws from both public and private law as related to business transactions.

Question 7

Because international law is not dictated by any one legislative body, it is lawmaking by choice and by consent.

Question 8

The development of international law has a long history that include the customs that have evolved into written statutes recognized by civilized nations.

Question 9

There is a uniform commercial body of  law adopted by the United Nations governing all private international law questions.

Question 10

Once a group of nations has negotiated a convention, other nations cannot adopt the treaty.

Question 11

A treaty between three countries is said to be trilateral.

Question 12

According to the Statute of the International Court of Justice, the court shall look to conventions establishing rules expressly recognized by the contesting states.

Question 13

The United States belongs to the Organization for Economic Cooperation and Development.

Question 14

The purpose of the United Nations Commission on International Trade Law is to promote international trade through the harmonization of trade law among nations.

Question 15

Many of today's international business law concepts are derived from the law merchant and maritime law, which are the accepted customs and practices of Renaissance-era merchants, traders, bankers, mariners, and ship owners.

Question 16

A self-executing treaty is one that automatically creates rights that are enforceable in the courts of a contracting nation, without any further legislative action.

Question 17

Pacta sunt servanda means that every treaty in force is binding upon the parties to it and must be performed by them in good faith.

Question 18

The U.N. has recently sponsored a "supranational" set of laws that transcends national boundaries; most industrialized nations have adopted it.

Question 19

The two classifications of national legal systems are civil law countries and common law countries.

Question 20

Moral conduct is the preeminent concern in Islamic law.

Question 21

Doing business internationally requires an understanding of all of the following except :

A) international law.
B) national law.
C) different international organizations.
D) availability of legal counsel in each country

Question 22

The difference between a common law country and a civil law country is:

A) civil law is handled by the government while common law is handled by the people.
B) a common law country bases its laws on statutes while a civil law country uses court cases.
C) a common law country has similar laws throughout its regions while a civil law country is divided into areas.
D) a common law country relies heavily on precedent established by previous court cases while a civil law country uses a comprehensive code of law.

Question 23

The forum for public international law disputes is:

A) The World Forum.
B) International Court of Justice.
C) The League of Nations.
D) The Hague.

Question 24

If a country is willing to join a treaty but has an exception to the terms of the treaty, the exception is called a(n):

A) ratification.
B) signatory.
C) reservation.
D) abrogation.

Question 25

Which three countries are notable because few, if any, treaties have direct effect there, and thus require parliamentary action before they are enforceable by private parties?

A) United Kingdom, Canada, and Australia
B) United Kingdom, Canada, and the United States
C) Canada, Australia, and China
D) United Kingdom, France, and Germany

Question 26

A treaty between two countries is said to be _____, and a treaty between three or more countries is said to be _____.

A) bitreaty; tritreaty
B) bitreaty; multitreaty
C) bilateral; multilateral
D) biratified; multiratified

Question 27

All of the following are principles established by the codes of conduct promulgated by the Organization for Economic Cooperation and Development (OECD) except :

A) to take into account the policies and objectives of the country with which a corporation operates.
B) nondiscrimination in hiring.
C) mandatory wage scales for countries in which each corporation operates.
D) utilizing "reasonable terms" when transferring technology.

Question 28

In 1625, Hugo Grotius wrote a landmark book on international law called On the Law of War and Peace . In it, he stated that the law of nations:

A) was divinely given.
B) arose by common agreement and by the accepted practice of nations.
C) recognized that all states are equal.
D) all of the above.

Question 29

The OECD Guidelines for Multinational Enterprises encourages responsible conduct in which of the following areas?

A) Employment
B) Bribery
C) Environment
D) Both b and c

Question 30

Public international law involves:

A) relationships between public corporations in different countries as to business terms.
B) relationships between nations that are reflected in treaties, conventions, or charters.
C) relationships between private individuals in different countries.
D) all of the above.

Question 31

In a socialist country, the legal system:

A) reflects the private ownership of property.
B) is similar to the English common law system.
C) exhibits no need for commercial law because such disputes are settled politically.
D) none of the above.

Question 32

The United States has, in part, accepted the jurisdiction of the International Court of Justice. The U.S. acceptance does not apply to:

A) disputes the parties have entrusted to other tribunals.
B) disputes that the United States decided are essentially domestic.
C) disputes arising under a multilateral treaty unless all parties affected are before the court or the U.S. specially agrees to jurisdiction.
D) A and B only.
E) all of the above.

Question 33

The Paquette Habana case concerned:

A) a question of the applicable method for joining the IMF.
B) a question discerning applicable international law.
C) a question concerning the law merchant on mercantile law of Cuba.
D) a question of which court has jurisdiction over an international case.

Question 34

Which of the following is NOT one of the reasons that International Business Law has become more uniform?

A) The forces of free trade, economic integration, and the globalization of business have accelerated the need for greater uniformity in IBL.
B) Nations have had to cooperate in their legal responses to global issues, common problems, and technologies.
C) All nations have agreed to practice and enforce the codes and legislation set down by the World Trade Organization.
D) Private industry and trade organizations have encouraged the growth of uniform IBL.

Question 35

The Organization for Economic Cooperation and Development (OECD) has developed:

A) codes of conduct for companies and host countries in an attempt to set ethical standards for both.
B) guidelines for interest rates to be charged multinational enterprises.
C) codes of conduct for employee practices for multinational corporations.
D) none of the above.

Question 36

What do many legal historians believe led to the development of modern international law?

A) The rise of the European nation-state
B) Chinese dynastic law
C) Roman law
D) Trade law in the Middle Ages

Question 37

Foreign investment laws might include:

A) protection against state intervention and the ability to repatriate profits.
B) repatriation of profits and the ability to have 100% foreign ownership.
C) governmental approval of technology transfer agreements.
D) all of the above.

Question 38

Which of the following is not part of the structure of the United Nations?

A) General Assembly.
B) Security Council.
C) Secretary General.
D) House of Representatives.

Question 39

Nations that express their willingness to join a treaty are called:

A) ratifiers.
B) signatories.
C) contracting parties.
D) abrogators.

Question 40

The principle that a nation can project its laws beyond its territorial borders is known as:

A) extraterritoriality.
B) territoriality.
C) nationality.
D) protective jurisdiction.

Question 41

The UN's Guiding Principles for Business on Human Rights Article 23 states all of the following except :

A) businesses should comply with all applicable laws and respect internationally recognized human rights, wherever they operate.
B) businesses should seek ways to honor the principles of internationally recognized human rights when faced with conflicting requirements.
C) businesses should seek to comply with the laws of their home country before considering internationally recognized human rights.
D) businesses should treat the risk of causing or contributing to gross human rights abuses as a legal compliance issues wherever they operate.

Question 42

Which convention calls for contracting parties to criminalize bribery of public officials and money laundering?

A) UN Convention Against Crime
B) UN Convention of Extraterritoriality
C) UN Convention Against Corruption
D) None of the above

Question 43

Which of the following is NOT one of the crimes generally covered by the universal principle of jurisdiction?

A) Piracy
B) War crimes
C) Slavery
D) Money laundering

Question 44

Compare and contrast the nation, the individual, and the corporation as entities in and subject to international law.

Question 45

Describe the types of foreign judgments that will and will not be enforced in the United States. Consider the reasons for these differences.

Question 46

Compare and contrast the different sources of international law. Which are stronger? Which are weaker? Which are more or less justifiable in a global environment?

Question 47

In what ways is trademark law uniform globally and different?

Question 48

How are customary law and the general principles of law (international law) similar and which are different?

Question 49

Islamic law is known as:

A) Sharia.
B) Koran.
C) Sunna.
D) Fiqh.

Question 50

Only a limited number of crimes/issues beget universal jurisdiction. Write a position paper advocating that another issue/crime should appropriately receive universal jurisdiction.

Question 51

Considering the speech protection granted by the U.S. constitution with those of countries such as Canada, Germany, and the U.K., which are better at furthering a civil society and which are better at furthering a tolerant society?

Question 52

Compare and contrast public international law with private international law.

Question 53

What are the similarities among the crimes and issues that beget universal jurisdiction? How are these uniquely different from all other issues? Are there any parallel issues that should receive universal jurisdiction?

Question 54

Draft a treaty that addresses the competing interests (and divergent national speech laws) where an individual from one country is defamed by a person from another country over the Internet.

Question 55

Draft a model code for the enforcement of foreign judgments against U.S citizens where the underlying foreign law differs from that of the U.S.

Question 56

Which of the following is NOT one of the objectives of the International Labour Organization?

A) To help promote the rights of workers
B) To eliminate child labor
C) To provide health care for all workers
D) To create decent and beneficial employment opportunities

Question 57

Weigh the benefits and detriments of the U.S. entering into an ICC treaty.