Comparative Law


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    BUS 430 Week 1 Individual Assignment Comparative Law Worksheet
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    Use the worksheet on the student Web site to compare the three major types of law, Civil, Common, and Islamic. Your responses must provide 1 or more origins for the type of law, 5 or more regions in which that type of law is practiced, and a 30-50 word summary of the characteristics of that type of law.
    BUS 430 Week 2 Individual Assignment International Law Memo
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    Prepare a 700- to 1,050-word training memo addressing the following (or you may also write in standard APA essay format):
    • Describe the components of international business.
    o Trade
    o Licensing agreements and intellectual property rights
    o Foreign direct investment
    o Managing risk
    •  Summarize principles of international law.
    o International law
    o General concepts
    o International organizations
    o Social responsibility and corporate code of conduct
    BUS 430 Week 3 Learning Team Assignment Case Study Presentation
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    Review the international banking or trade finances case studies on the student Web page. Read and discuss the points below as a group.
    o When is the CSIG applicable?
    o What makes a contract valid?
    o How was the contract formed?
    o What are the performance requirements for the seller?
    o What are the remedies for breach of contract as outlined in the CSIG?
    o How may a party’s performance in a contract be excused?
    • Prepare an 8- to 10-slide PowerPoint® presentation.
    • Choose a case from the University Library.
    • Present the details of the case study including, the contract, how it was breached, the resolution, and the Learning Team’s opinion of the resolution.
    • Use legal aspects of trade finance and international banking from your text or an outside, peer-reviewed journal article.
    • Include detailed speaker notes with your presentation.
    BUS 430 Week 4 Individual Assignment GATT and WTO Paper
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    The General Agreement on Tariffs and Trade or GATT was created in 1947 and provides the basis for most multilateral trade negotiations for reducing trade barriers. Since 1947, GATT has provided the rules for international trade and a forum for international trade disputes. In 1994, a new trade agreement was reached, known as the General Agreement on Tariffs and Trade. This created a new GATT trade agreement, which enhanced the role of international law in regulating trade and created the World Trade Organization (WTO).
    Write a 1,050 -to 1,400-word paper addressing the following:
    • Summarize GATT law and the WTO.
    o Why is it important to regulate imports?
    o What are nontariff barriers to trade
    o How do these nontariff trade barriers affect management decisions?
    o What is GATT?
    o What is the primary function of the World Trade Organization (WTO)
    o How do parties settle trade disputes through GATT and the WTO?
    • Explain the liability of international carriers for
    o air carriers.
    o sea carriers.
    o ocean intermediaries.
    BUS 430 Week 5 Individual Assignment Natural Gas Case Study
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    The convention on Contracts for the International Sale of Goods (CSIG) provides a framework for general standards of performance for the buyer and the seller. The buyer and the seller are entitled to receive what they expect from a contract. If either party fails to deliver as expected, they are in breach of contract. The possibility of a breach of contract creates a risk in any transaction.
    • Read case 10-5, The Natural Gas Case, in International Business Law. In 700 to 1,050 words address the following:
    • Summarize the facts of the case.
    o What is at risk for the seller, for the buyer, and in general?
    o What was the outcome?
    • Provide an explanation of the issues in the case using international law.
    o Had the buyer breached by not obtaining the letter of credit?
    o Had the seller breached?
    o Was the contract avoided?
    o Was the buyer entitled to lost profits?
    o Had the buyer failed to mitigate?
    o How may these risks be minimized?
    BUS 430 Week 5 Learning Team Assignment Riordan Manufacturing Analysis
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    Choose Riordan Manufacturing and review the company information. Provide a 1,050- to 1,400-word analysis of the regulatory measures Riordan Manufacturing must be aware of for doing business in China. In your analysis, explain what each of the following is and how Riordan Manufacturing may ensure they are compliant with each.
    o Unfair import laws
    o Foreign Corrupt Practices Act (FCPA) of 1977
    o Patents, trademarks, and intellectual property
    o Environmental regulations
    Summarizethe political risks of operating a manufacturing company in China. · Outline the possibilities for foreign investments and securities.
    Discussion Questions
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    Week 1:
    DQ1: What are some differences when doing business internationally opposed to domestically? How do international business risks differ from domestic business risk? What factors influence these risks?
    DQ 2: Why do corporations need to be concerned with human rights issues when conducting business internationally? Who are corporations accountable to – the government of their home country, the host country, investors, or the public? What is the rationale for your answer?
    Week 2:
    DQ 1: What is the Conventions on Contracts for the International Sale of Goods (CISG)? What is the Uniform Commercial Code (UCC)? In what ways is the coverage of the CISG and the UCC similar or different? Explain your answer.
    DQ 2: You work for an international furniture company. Your company has customers in England, Mexico, Guatemala, and China. How would you evaluate the credit worthiness of firms in these countries? How does the credit risk differ between these countries? Would you sell to a company in these countries without a letter of credit? Explain why or why not.
    Week 3:
    DQ 1: What are the basic principles of the General Agreement on Tariffs and Trade (GATT)? What are the basic principles behind the World Trade Organization (WTO)? In what ways are GATT and the WTO similar or different? How do the WTO and GATT settle disputes? Provide examples.
    DQ 2: Ressorp, Inc. in Japan agreed to sell 700 television sets to Reardon, a wholesaler, in the United States for US$ 144,417.00. Ressorp, Inc. and Reardon expressly agreed that Reardon would not pay for the television sets until Reardon both received and sold the merchandise in the United States. They also agreed that the merchandise would be shipped CPT Portstown in the United States and that Incoterms 2010 would govern. Ressorp, Inc. arranged to ship the goods with Oceanic Carriers, whose place of business is located in Beachtown, Japan. Ressorp, Inc. loaded the goods from its warehouse into a trailer and delivered the trailer to Oceanic’s freight depot in Beachtown. Several days later, the trailer was discovered to be missing and then it was found abandoned and empty. Reardon, the buyer, then sued Oceanic Carriers. The carrier challenged Reardon’s standing (right) to sue claiming that the original contract said Reardon had no liability to pay for the merchandise until after it was received and sold by Reardon. Therefore, Oceanic Carriers argued, it was the seller, Ressorp, Inc. who should have brought the suit, not Reardon. Is Oceanic correct?  Explain why or why not.
    DQ 3: The Jolly Canning Co. in Hawaii agreed to sell 10,000 cases of canned green beans to the Merry Produce Co. in New York. The terms were FOB Bigport in Hawaii. The parties agreed that the governing rules were Incoterms 2010. Jolly, by mistake, delivered 10,000 cases of canned corn to the carrier in Bigport. Moreover, the bill of lading clearly stated that goods were canned corn. While the goods were in transit, they were damaged by seawater because of the carrier’s negligence. Jolly sues the carrier, but the carrier challenges Jolly’s standing (right) to sue. The carrier claims that the risk of loss had passed to Merry Produce (the consignee on the bill of lading) as soon as the goods had passed the ship’s rail. Is the carrier correct? Should Jolly’s suit be dismissed? Explain why or why not.
    Week 4:
    DQ 1: Describe the benefits and detriments of the EU and U. S. rules regarding jurisdiction and forum in privately enforced competition laws. What are the advantages and disadvantages, from the perspective of competition law, in having a wholly foreign subsidiary in Europe?
     DQ 2: Are the actions undertaken by the companies or individuals in the following scenarios legal or illegal pursuant to U. S. law? Please explain each of your answers.
    1. A wire transfer of $200,000 to the Minister of Contracting of Gambia made by Bordeaux Builders, Inc., a French corporation, and originating from its corporate headquarters in New York in order to secure a construction contract,
    2. A birthday card and bottle of Californian wine sent annually by Woody Pulp, the chief executive officer of Pacific Paper Products, Inc., a U. S. corporation, to his long-standing friend who is the Director of Government Procurement for the Japanese government.
    3. A cash payment of $100 made by an agent of Chicago Chemicals Co., a U. S. corporation, to a processing clerk in the Chilean Office of Business Licensing in order to expedite consideration of CCC’s application for authority to conduct business operations in Chile,
    4. A cash payment of $250,000 made by Durdy Coal, Inc., a U. S. corporation, to DCI’s agent with the instruction, “put this to good use on DCI’s behalf,” which in turn is paid to the State Importation Officer of the People’s Republic of China in order to secure a Chinese import license
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