BUS 8330 Global Trade Law

Part A

Exercise 1 (Multiple answer multiple choice)

There are five simple but fundamental principles underlying all the WTO agreements. Which of the following are the fundamental principles in the WTO agreements? Choose five.

a) Predictable

b) Beneficial to less-developed countries

c) Mutually acceptable

d) Without discrimination

e) Competitive

f) Inclusive of environmental provisions

g) Progressively freer

Exercise 2 (Multiple choice)

The WTO rules permit members to implement trade regulations, “in order to protect human, animal or plant life or health, provided they do not discriminate or use this as disguised protectionism”. Which measure used to prevent unfair trading practices does this statement describe? Choose one.

a) Pre-shipment inspections

b) Standards and safety

c) Valuation

d) Agriculture

Exercise 3 (Multiple choice)

Which of the following forms of unauthorized use of intellectual information?

a) False reporting

b) Falsifying documents

c) Thefts

d) Piracy

Exercise 4 (True and False question)

An offer is an invitation to consider doing business. Is this statement true or false?

a) True

b) False

Exercise 5 (True and False question)

Private law relates to the rights and obligations between governments. Is this statement true or false?

a) True

b) False

Exercise 6 (True and False question)

The Vienna Sales Convention requires that a contract for the sale of goods be in writing. Is this statement true or false?

a) True

b) False

Exercise 7 (Multiple choice)

Which of the following acronyms represents the governmental agency responsible for the administration and protection of IP rights in Canada?

a) WIPO

b) CBA

c) CIPO

d) OSFI

Exercise 8 (Multiple choice)

Which of the following is one of the major types of liability claims that can be brought internationally?

a) Shipping damage

b) Misrepresentation

c) Design defect

d) Over pricing

Exercise 9 (Multiple choice)

The Vienna Sales Convention requires that a contract for the sale of goods be in writing. Is this statement true or false?

a) True

b) False

Exercise 10 – Matching

Match the description on the right with the appropriate branch of international trade law on the left. There are multiple matches for each branch of international trade law.

(a. Public or b. Private)

___ Body of international law concerned with what the UN defines as “basic civil, political, economic, social and cultural rights that all human beings should enjoy.”

___ International laws pertaining to trade and barriers to trade flow, working to harmonize international trade more effectively.

___ A model law (or legislative guide) designed to assist states in reforming and modernizing their laws or arbitral procedures to take into account the particular features and needs international commercial arbitration.

___ Body of international law governing the conduct and responsibilities of neutral, aggressive, or warring nations with regard to each other, methods of warfare, prisoners, and civilians.

___ Body of international law concerned with governing and protecting patents, copyright, trademarks, books, documents, domain names, software, and databases, as well as unfair competition, piracy, and publicity rights.

___ Deals with lawsuits and legal matters dealing with foreign jurisdiction.

Part B

Exercise 11 – Short answer

The WTO authorizes countries to take protective measures against dumping. Dumping occurs when goods are sold abroad below production costs or at prices below which the goods are sold in the exporter’s home market. Dumping is considered an unfair trade practice by a company that distorts prices or profits, disrupts markets and injures local producers of competitive products.

1. Search the Internet for an example of dumping activities that have led to a country’s government implementing legislation to protect the entire industry involved.

2. Write a report that includes the following elements:

a) The countries and the companies involved in the dumping activity

b) The dumping activity details

c) How the injured company sought restitution

d) The industry-wide legislation that was implemented as a result of this dumping activity

3. Write an example of how your company might use anti-dumping measures to protect itself from unfair trade practices. Be creative!

Exercise 12 – Short answer – 3 mark

List the main sources the International Court of Justice (ICJ) can draw on to settle legal disputes submitted to it by States in accordance with international law.

Exercise 13 – Short answer

List the two main sources of law in Canada.

Exercise 14 – Short answer

List one main area of legislative responsibility for Federal, Provincial and Municipal.

Exercise 15 – Short answer

What is the connection between a commercial invoice and tariffs?

Exercise 16 – Short answer

Share your experience with writing and adhering to international contracts. If you have not yet participated in international trade, share your domestic contract experiences.

· Discuss how failing to include seemingly small details in the contract hurt your company.

· Talk about how including a specific point in the contract helped your company.

· Also, mention what you have learned from both your domestic and international contract experiences that you will apply to future international contracts.