Premium Essay

International Business Law Cases

In:

Submitted By renatarmzl
Words 313
Pages 2
Cases
Kern V dynaelectron corporation p.29
Baptist guy being discriminated by civil rights (religion)—only muslism can fly to Mecca (the city) if he flies baptism they were going to kill him. Kern declined the job he says that he was denied an employment opportunity for his religious beliefs the (BFOQ) says that an employer should be hire no matter their religion,sex or natural origins. RISKS were=culture
Falocal, Inc v. kurumu p.15
Two companies doing a deal and language was a problem because the contract was translated different, the English and Turkish version contained clauses, which, contradict each other. The Turkish provides that the final jurisdiction of any disputes in the case of the purchaser submitting a claim lies within Houston courts and supplier submitting a claim lies with Ankara courts. The English contract says that all decisions shall be settled in Houston and be submitted to the US
Foreign corrupt practices act- places limitations on US business people prohibited from making illegal payments to foreign officials under the Foreign corrupt practices act
Disaster at Bhopal case, p. 42, this case talks about union carbide it lacked control over the safety and operations on the indian plant and they claimed no responsibility because 49 percent was owned by intian government and indian government regulations says that they absolve moral responsibility for any accidents
Doe v uncoal corporation p.65
U.S. v Liebo, Alien Tort Claims, The alien tort claims is a US section that says the us cours have jurisdiction by an alien only for a tort in violation of the law of nations or a treaty of the US on doe v. Uncoal in order to build a pipeline, the company cooperated with the local military to get slavers to work on the project.// this company cant take the money out of the company for 10

Similar Documents

Premium Essay

Business Law Study Guide

...cover the concepts that define law and the thoughts that help shape jurisprudence along with its history. The Federal Court, Supreme Court, and the jurisdiction of the courts are also covered. Constitutional law is covered from the perspective of business. This week also provides an introduction to the various forms of business. Small businesses, entrepreneurs, and general partnerships are explored. You discuss how a corporation is formed and how it can be financed. Finally, you study limited liability companies and limited partnerships, as well as franchises and special forms of business. This week further introduces you to the concept of alternative dispute resolution as a method for resolving disputes outside traditional litigation. After first looking at the litigation process, you are then introduced to arbitration, negotiation, mediation, conciliation, minitrial, fact-finding, and the use of a judicial referee. The Legal System and the Legal Forms of Business OBJECTIVE: Explain the major components of the legal system. Resources: Ch. 1, 2, & 4 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 1: Legal Heritage and the Information Age o Introduction to Legal Heritage and the Information Age o What Is Law? • Landmark U.S. Supreme Court Case Brown v. Board of Education o Schools of Jurisprudential Thought • International Law: Immigration to the United...

Words: 1106 - Pages: 5

Premium Essay

Precision Parts

...Precision Part Inc. is looking to do business with other international companies. One of the countries that Precision part is interesting in is Germany. In order to do business in Germany, it is important to understand their business ethics and laws. By understanding the law at hand, it would give Precision Part Inc. a better understanding on how Germany conduct business and also to make sure the company is ethical. A few international countries believe in corruption. Corruption can consist of bribery and nepotism. Bribery is more common in underdeveloped countries that are looking for additional income to bring in. Bribes are expected in many countries, the United States’ 1977 Foreign Corrupt Practices Act prohibits payments made to foreign government officials with the aim of gaining or maintaining business (Here Comes the Bribe). The Foreign Corrupt Practices Act was updated in 1998 after bribery was banned from Germany. Now the Foreign Corrupt Practices Act applies to foreign firms and persons who cause an act in making such a corrupt payment within the United States territory (Foreign Corrupt Practices Act). Bribery is another way of saying extorting money from someone. Bribery is when money or something value is promised to, given to, or taken form an individual or company in attempt to sway someone decisions. Nepotism is more of a government corruption. Government will use their powers for dishonest gains or illegal means. German engineering conglomerate Siemens...

Words: 1123 - Pages: 5

Free Essay

Role and Functions of Law

...Role and Functions of Law STUDENT NAME LAW/421 DATE TEACHER NAME Laws pay a critical role in society and the real business world. The purpose of the law and the manner of application relies on issues such as intrastate and interstate and whether the local laws under the federal laws need to be applied. The business world applications of the law vary, and the power also may vary. For instance in Cipollone v. Liggett Group, Inc. case commerce power reveal ways in which state laws are used to advertise and show that companies are liable for making adverts that have a negative outcome. The case of Cipollone case which was brought up under the state law where Liggett Group was involved in false advertising and the company was involved in a conspiracy to withhold information on the negative effects of smoking. The claims are that Liggett Group preempted any state law regardless of federal laws observed. The court ability to make a decision on ways of handling commerce is addressed under the commerce clause. According to the exploring constitutional conflicts, the case Gonzales v. Raich 2005, the congress can control interstate commerce channels. Secondly, the congress has the power to control and protect interstate commerce instrumentalities and persons involved in interstate commerce. Third, the congress has the authority of regulating activities that greatly affect interstate commerce. Therefore, business that are undertaking their operations in different states...

Words: 921 - Pages: 4

Premium Essay

Legal Concepts

...University of Phoenix Business Law LAW/531 July 20, 2015 Week 6 Legal Concepts: Shenyang v US Managers who have business internationally have to worry about different areas of business because it is much different than domestic business relations. These areas are the different types of culture, level of competition, market intelligence, politics/government /legal systems, international law (Trade Smart, n.d.), just to name a few. In the case of Shenyang Yuanda Aluminum Engineering Co. v. United States the company had to worry about international laws that are governed by the United States International Trade Commission. These laws dictated that International Trade Commission would do their part by investigating any allegations against another entity and if it is not able to resolve the dispute than the businesses could be disputed the appropriate courts such as the International Trade Courts. Part of doing business internationally is assuming that risk is at the forefront. Managers have to manage and understand the risk that is involved with doing business internationally. Because this is a known factor management should develop policies, procedures, and processes that enable the company identify risk and monitor the risks associated with the business interactions. Management is also responsible for establishing appropriate due diligence at the time of the deal and the life of the relationship to manage any risk. One of the main issues with doing business internationally is...

Words: 652 - Pages: 3

Free Essay

Bus 378 International Commercial Law and International Business Transactions

...International Commercial Law and International Business Transactions Bristan Keller BUS 378 International Business Law Ashford University Instructor Jumper May 5, 2014 International Commercial Law and International Business Transactions In recent years, various conflicts of law have been identified regarding commercial law and international business transactions. In most cases, there are procedures to follow when a conflict of law comes into play. In others, much is open to interpretation and can be argued in favor of all parties. Normally if this happens, mediation is sought after and all parties compromise upon agreeable terms. Though there are various issues, international commercial law affects international business transactions and strategies through combining common law, international policies, and international organizations. In 2001 the Brussels Convention of 1968 was replaced with the Brussels I Regulation. This has been the topic of many debates as it governs cross-border disputes in civil matter and commercial matters in the European Union (EU). The Brussels I Regulation establishes rules regarding international jurisdictions of courts in addition to enforcing foreign judgments. The regulation was revised in 2007 and publicized in the Heidelberg Report. “It became apparent that the question of possible inclusion of arbitration in the scope of the Regulation would be a controversial question during the revision process.” (Hauberg, 2014) Theoretically...

Words: 2879 - Pages: 12

Premium Essay

Taxation

...Journal of Business Cases and Applications The state of accounting in Egypt: a case Khaled Dahawy The American University in Cairo Nermeen F. Shehata Cairo University Tad Ransopher Georgia State University Abstract Egypt, one of the largest Middle East economies, is beginning its transition to a market economy. As a developing nation, Egypt has witnessed several changes in its accounting system during last two decades. This case provides an analysis of the Egyptian accounting system with emphasis on the development of the Egyptian Accounting Standards. In addition, this case makes recommendations for the reformation of the Egyptian accounting system. Keywords: Egypt, International accounting standards, Egyptian accounting standards, Egyptian accounting system, Privatization, Culture The state of accounting, Page 1 Journal of Business Cases and Applications 1. INTRODUCTION The purpose of this case is twofold. The first goal is to present an analysis of the development of the Egyptian accounting system. The second goal is to provide several recommendations to facilitate the Egyptian accounting reformation. Once accounting reformation occurs, Egyptian companies can prepare financial reports that will be of greater benefit than those at present. To Egyptian companies the result will be an increase in foreign investment and funds raised from external sources. With these goals as the objective, Egyptians need to comprehend successful accounting systems...

Words: 5622 - Pages: 23

Premium Essay

Term Paper

...example, you consider legal considerations such as discrimination in the workplace. You also study regulatory compliance issues for an organization, as well as the associated business consequences. The readings focus on workers’ compensation, occupational safety, and other worker protection laws, with a specific attention to the Family and Medical Leave Act. This week also covers the collective bargaining agreements and labor law, as well as several laws and decisions a company must make regarding these labor law issues. In addition, you examine equal opportunity in employment and Title VII, including what comprises this significant law. You review regulatory laws, environmental protection and global warning, as well as antitrust laws and unfair trade practices. The readings focus on introductory concepts and the laws that support these concepts. Employment and Regulatory Risk OBJECTIVE: Differentiate between types of employment relationships and the associated legal considerations. Resources: Ch. 31 & 32 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 31: Employment, Worker Protection, and Immigration Laws o Introduction to Employment, Worker Protection, and Immigration Laws o Worker’s Compensation • Case 31.1 Workers’ Compensation: Medrano v. Marshall Electrical Contracting Inc. o Occupational Safety • Ethics Spotlight: Company Violates OSHA’s Safety...

Words: 971 - Pages: 4

Premium Essay

China and Wto

...The University of Nottingham, Ningbo, China Division of International Business China and the World Trade Organization P13608 Module Outline Module Convenor: Dr Chieh Huang AB Room 379 chieh.huang@nottingham.edu.cn Office hours: Monday 10:30-12:30 10 credits TB329 Tuesday 2-4 PM 10 weekly two-hour lecture/seminars The course is taught by way of lecture/seminars which are two hours in length. The form of the lecture/seminars will be flexible, depending on the topic under consideration. Students are expected to participate fully in discussions in lecture/seminars and to have read all the set Essential Reading before class. Credits: Lecture Venue and Times Method of Delivery & Frequency on Class: Method and Criteria of Assessment: 100% Coursework (5000 words) Essay Submission Deadline is 4pm, Wednesday 27 November 2013 Topics: Please choose one area listed below and discuss its recent development in the context of China. You will need to narrow down your focus and set your own essay topic. 1. 2. 3. 4. 5. Non-market Economies in the WTO Energy Industry and the WTO Environment and the WTO Commentary on one WTO case involving China Self-selected topic upon approval (You are most welcome to decide a topic yourself. Once you decide to do so, however, you need to submit your topic and an one-paragraph abstract before 4pm 31 October. ) Module Aims: To give the students a broad knowledge of the multilateral trading system and China’s interaction with that system through...

Words: 3456 - Pages: 14

Free Essay

Law 421 Chapter Notes

...LEGAL ENVIRONMENT OF BUSINESS: A MANAGERIAL APPROACH: THEORY TO PRACTICE. Published by McGraw-Hill/Irwin, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY, 10020. Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. ————— Chapter 1: LEGAL FOUNDATIONS My interpretation of law is that these are legally-backed rules of action and conduct that have been created to promote and protect the moral and ethical expectations of society.   The primary sources of law are constitutional, statutory, administrative, and common---are found at federal, state, and local levels.   Constitutional law is the foundation for all other law in the United States and is the supreme law of the land. Statutory law is created by a legislative body and approved or disapproved by the executive branch of government. Administrative law is the source of law that authorizes the exercise of authority by executive branch agencies and independent government agencies. Common law is essentially law made by the courts and that has not been specifically passed by legislature, and is based on the fundamentals of previous cases that had similar facts.    There are also secondary sources of law which are intended to increase the level of uniformity and fairness across courts in all 50 states. Secondary sources of law have no independent authority of legally binding effect.   The categories of law are as follows:     Civil laws are designed to compensate...

Words: 5578 - Pages: 23

Premium Essay

Global Law

...In law, the globalization of the economy has made International Law one of the fastest-growing and most lucrative areas of the field. Firms can no longer afford to remain within their country’s borders. The global economy forced the expansion of many traditional areas of law to include foreign nations. Overseas corporate liability, antitrust and securities actions, intellectual property, mergers and acquisitions, and global Internet commerce are some of the fastest growing international fields that require cross-border legal advice. In order to successfully litigate overseas, many lawyers need not only to learn the laws and judicial processes of other countries, but to learn the language and customs as well. Overseas corporate liability is a result of the increasing number of foreign companies doing business in the Untied States and American companies doing business overseas. Breach of contract actions between foreign and domestic companies frequently occur, and products liability actions often result from consumers injured by foreign products. In some actions, even though many countries have adopted English as the international language of business and the English and American legal systems as international law, lawyers may have to litigate in countries which require them to conform to their varied judicial processes and apply their laws. A lawyer must research the applicable tort, property, criminal, and contract law in order to determine if his client has an...

Words: 785 - Pages: 4

Premium Essay

Addressing International Legal and Ethical Issues Simulation Summary

...in resolving legal disputes in international transactions should always include an international arbitration for resolving disputes internationally. It should have legal backing to administer the legal contracts with international transactions. Therefore, a dispute resolution section should be included in the event that there are any violations that state a method of a resolution, such as litigation, arbitration and jurisdiction of the courts. There should be some practical consideration of taking legal action against a foreign business partner based in another country or countries where foreign business is regularly conducted. For instance, the laws in other countries do not hold up in the United States, additionally, the laws of the United States will not hold up in a foreign country. Therefore, it is important that you are fully aware of the laws in any and all of the countries in which your business is being conducted and ensure that any legal contracts you enter in to with these businesses in foreign countries are legal and binding in both countries and that it will be upheld accordingly. Also, make sure that everyone involved in said businesses understands these caveats and will follow the letter of the law when dealing with your business and those dealings with other countries. Otherwise, you could find yourself and your business dealing with the possibility of having to navigate the waters of international business and their laws. When dealing with...

Words: 736 - Pages: 3

Premium Essay

Addressing

...Addressing International Legal and Ethical Issues Simulation Summary LAW/421: Contemporary Business Law University of Phoenix Addressing International Legal and Ethical Issues Simulation Summary On 2007, CadMex created a technique to develop a quick manufacturing of medical agents. Meanwhile Gentura located in Candore which is under dictatorship, also developed a technique entitled ProPrez which is an anti-diabetic agent. After deliberation CadMex and Gentura decided to go into business together which would give you a global marketing position in the industry. CadMex was in a position where they needed a contract that would protect any interest concerning legal disputes and property rights. Dealing with finding solutions in legal issues actions against a foreign business may be a little tricky. Some legal systems may want to vastly push through cases rather than research the quality of the evidence provided. Another hindrance that may come up may be the difference of laws in the two countries. In some countries some contracts are done over the phone or understood with a simple handshake, for court purposes written documentations will not be available. In cases of this international barriers may cause a rift in legal actions and portray a differentiated experience for joining companies. Another aspect of legal actions taken against a foreign business based in another country is the fact of whether they have patent and trademark laws. This...

Words: 495 - Pages: 2

Free Essay

Addressing International Legal and Ethical Issues Simulation Summary

...Addressing International Legal and Ethical Issues Simulation Summary LAW/421 July 2, 2012 Kathryn Harris Abstract This paper discusses many of the issues discussed in the simulation on addressing international legal and ethical issues. This paper discusses many of the issues involved in resolving legal disputes in international transactions. Some of the issues discussed include selecting local counsel, fully understanding the foreign laws, due diligence, and choosing the right law and dispute resolutions. This paper also highlights some of the factors that could possibly work against CadMex when it comes to its decision on sublicensing agreements. Some of the factors discussed in this paper include time and cost increases in addition to price differences between generic brands in Canada and CadMex’s brand. The paper will also discuss some of the ways local customs and laws can conflict and how to deal with the situation. Finally, this paper will also cover how companies should resolve domestic and international disputes differently than the companies discussed in the week one readings. Addressing International Legal and Ethical Issues Simulation Summary Understanding how to address international legal and ethical issues is essential in creating a strong business relationship with other businesses abroad. There are many issues involved in resolving international legal disputes including selecting local counsel, full understanding of the local laws, due diligence...

Words: 1616 - Pages: 7

Premium Essay

Legal Aspects of International Business.Doc

...ASSIGNMENT ON LEGAL ASPECTS OF INTERNATIONAL CONTRACT SUBMITTED TO SUBMITTED BY PROF. A K PANDEY PRABHAT ANAND(2K12B72) INTRODUCTION INTERNATIONAL CONTRACT: The international contract is a contract that has a foreign element, that is to say that the contract is in contact with one or more order (s) legal (s) abroad (s). Specifically, the foreign element may be resident abroad, a party to the contract, nationality, place of contract conclusion, and many other possibilities.  The commercial contract is a contract for a commercial transaction or a contract made by a trader for the purposes of his trade.  Therefore an international commercial contract is the addition of foreign elements in a commercial contractual relationship. Example is a contract between a French commercial agent to an American entrepreneur. Or it may be a contract between a French company and a provider of electronics in China.  The formation of a contract Main points that need to be addressed: • Agreement: who decides that an argreement has been reached (objective/ subjective approach) • Offer and acceptance: offer of invitation, display of goods, advertisements etc leading to acceptance • Certainty and agreement mistakes • Consideration and form • Intention to create legal relations: domestic...

Words: 2092 - Pages: 9

Premium Essay

International Legal and Ethical Issues

...International Legal and Ethical Issues Several issues were addressed in the simulation pertaining to international legal and ethical issues relating to business. There were many issues portrayed in resolving international legal disputes including the full understanding of the local laws and the choices surrounding law and dispute resolutions. The text states, “Whenever a U.S. firm enters into a contract situated in a different country, it should make sure the agreement is officially enforceable” (Melvin, 2011). To fully understand the local laws in an international business transaction a corporation would have to find answers to questions regarding foreign exchange controls, environmental issues, and required governmental consents.. The answers to these questions will help the CEO and legal team move forward in creating a contract that is agreeable to both parties. Choosing the correct law clauses to agree upon during negotiations is one of the most vital considerations of taking legal action against a foreign business partner. In the situation of CadMex, the Candorean Regulations for Technology Import Contracts would be the best selection (University of Phoenix, n.d.). This clause would be the most beneficial because Candoria would most likely impose their government’s laws and regulations. Sublicensing would most likely work for CadMex. However, there...

Words: 509 - Pages: 3