Question 1

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

Accepted Answer

The principle that the courts of one nation lack the power to hear suits against foreign governments is called sovereign immunity. This means that foreign governments cannot be sued in the courts of another country without their consent.

Question 2

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

Accepted Answer

Shari'a law is an Islamic legal system and Saudi Arabia is the birthplace of Islam where the official religion is Islam and the legal system is based on Shari'a law.

Question 3

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?

Accepted Answer

The best choice in this scenario would be for the American manufacturer to insist upon a waiver of immunity. This is because foreign governments are typically immune from lawsuits in the United States, so this waiver would allow the manufacturer to pursue legal action in the event that the government refuses to pay for the equipment. A release of sovereignty, statement of extraterritoriality, and submission of arbitration to the ICA would not be as effective in protecting the manufacturer's right to sue.

Question 4

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

Accepted Answer

Since both the United States and Argentina have signed the CISG and the contract involves international sale of goods, the CISG will govern the contract in the absence of a choice of law provision. The ICC (International Chamber of Commerce) is not applicable in this scenario. Domestic contract laws of Argentina or the United States would only apply if the CISG did not govern the contract.

Question 5

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

Accepted Answer

The term "Any disputes that arise under this contract will be resolved in the courts of Singapore" is a choice of forum clause. It specifies the jurisdiction in which any disputes between the parties will be heard and resolved.

Question 6

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

Accepted Answer

The UN Security Council has the responsibility to maintain international peace and security and can authorize the deployment of UN peacekeeping forces in order to help countries facing conflicts or threats of conflicts.

Question 7

The doctrine of stare decisis is fundamental to

Accepted Answer

Stare decisis, meaning "let the decision stand," is a central principle of common law legal systems, including those in the United States, England, and Australia. It requires courts to follow precedent and the decisions of higher courts in similar cases, providing consistency and predictability in the law.

Question 8

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

Accepted Answer

The answer of Explain the difference between public international law...

Question 9

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

Accepted Answer

The answer of Explain what the General Agreement on Tariffs...

Question 10

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?

Accepted Answer

The Australian government opened a for-profit tourist information center in New York City, which means it was engaged in a commercial activity. As a result, the foreign government is not immune from suit, and the landlord may sue the Australian government in the United States courts.

Question 11

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

Accepted Answer

The binding process of resolving legal disputes by submitting them to a neutral third party is called arbitration. Mediation is a non-binding process where a neutral third party helps facilitate a resolution, but the parties do not have to abide by the decision. Investigation is the process of gathering information to determine the facts of a case, and enforcement refers to the process of carrying out or enforcing a decision that has already been made.

Question 12

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

Accepted Answer

The answer of Various agencies that have great impact on...

Question 13

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.

Accepted Answer

The answer of The Foreign Sovereign Immunities Act (FSIA)provides that...

Question 14

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?

Accepted Answer

TRIPs (Trade-Related Aspects of Intellectual Property) served to clarify and harmonize the trade-related aspects of intellectual property. It is an international agreement that sets minimum standards for copyrights, trademarks, and patents, and it was implemented as part of the World Trade Organization (WTO) agreement in 1995.

Question 15

Explain the origin and purpose of the World Trade Organization.

Accepted Answer

The answer of Explain the origin and purpose of the...

Question 16

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

Accepted Answer

A treaty is said to be adopted when those who have drafted it agree that it is in final form. Bound refers to the legal requirement to follow the provisions of a treaty, entered into force refers to the point in time when the treaty is legally recognized as being in effect, and ratified refers to the formal process of approval by the participating states.

Question 17

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

Accepted Answer

The North American Free Trade Agreement (NAFTA) was primarily designed to eliminate almost all trade barriers between Canada, the United States, and Mexico. By doing so, the agreement aimed to increase trade between the three countries and create a more competitive economic entity in the global market. While NAFTA did involve some provisions related to labor and immigration, its primary focus was on facilitating free trade among the three countries.

Question 18

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?

Accepted Answer

The Uniform Foreign Money Judgments Recognition Act applies to foreign judgments, meaning those rendered by courts outside the United States. It does not apply to cases heard in American courts. Therefore, choice D is not one of the conditions for recognition of a foreign judgment. Choices A, B, and C are all conditions that must be met for a foreign judgment to be recognized in the United States.

Question 19

Which of the following statements best describes common law ?

Accepted Answer

Common law is a system of law based on judicial decisions made by judges in prior cases. It is a body of law that is developed over time through judicial decisions, rather than through legislative or executive action. Therefore, common law requires judges to base their decisions on prior cases.

Question 20

Extraterritoriality can be defined as

Accepted Answer

Extraterritoriality refers to the application of a country's laws or regulations to persons, entities, or activities outside of its jurisdiction. It is the power of one nation to impose its laws in other countries. Option A is incorrect since trade restrictions do not necessarily involve extraterritoriality. Option B refers to the regulation of tariffs, not the application of laws. Option D is incorrect since companies are still required to abide by trade laws even when extending overseas.

Quiz 3: International Law