Question

T/F The UNCISG, a part of harmonization, creates common expectations in

               contracting among member countries.

34)  T/F  Under Article 2:  Sale of Goods, Uniform Commercial Code, goods priced at $500.00      

                or more require a writing.  The same does not apply under the CISG.

35)  T/F  The CISG has members among the top ten economies.

36)  T/F  Major trading nations are members of the UNCISG although there are many smaller

               economies among them.

              

37)    T/F  The over-arching objective of the WTO is to enhance the quality of life globally.

38)   T/F  The process for WTO dispute resolution has been enhanced for timeliness and

                efficiency and includes an emphasis on settlement.

39)  T/F  WTO Dispute Resolution has its own global jurisprudence aligned with international

                law.

        

40)  T/F Cases are brought before the WTO dispute resolution court that may challenge protection of a member’s home industries as opposed to protection of the environment and the health and welfare of a member’s citizens as embraced by WTO rules.

41)  T/F Among the BRICS, Russia is by far the least corrupt according to Transparency  

              International.

42)  T/F The FCPA (U.S.) and the UN Global Compact for business prohibit bribery.

43)  T/F Under the FCPA, a bribe is defined as anything of value given to a foreign government

               official to obtain, retain or direct business—a recent example of which is Walmart’s

               alleged payment to secure zoning approval in Mexico.

44)  The WTO is located in:

        a)  Paris

        b)  Brussels

        c)  Geneva

        d)  The Hague

        e)  None of the above

45)  T/F A famous WTO complaint filed by Venezuela and joined by Brazil against the U.S. alleged trade discrimination by the U.S. since the U.S. import gas standard was higher or more restrictive than the U.S. domestic gas standard.

46)  T/F Pursuant to TRIPS, The WTO case filed by the U.S. and later joined by the EU against Japan, shows how the WTO is an effective mechanism for setting global legal and business standards since Japan was required to enact domestic legislation that would provide stronger copyright protections and other nations followed Japan’s example.

47)  T/F The CISG, NY Convention and the WTO share common goals for international business including predictability.

48)  In the Flores case, the court held that international customary law is:

        a)  flexible and aspirational

        b)  often stated in a legislative or political context

        c)  easily ascertained by public opinion as to what is right and just

        d)  express, mutual, obligatory and requires use or application and the consent of nations

        e)  none of the above since the case dealt with environmental damage totally within a

             sovereign nation!

49)  The Alien Tort Claims Act (ATCA) requires which of the following for standing to sue?

        a)  sovereign immunity or act of state

        b)  commercial or standby

        c)  substantial effect or comity

        d)  breach of a treaty or international customary law

50)  T/F The law of China has traditionally been understood to be a part of government  

        administration and negotiation and is not a separate branch of its government

Answer 1

UNCISG - United Nations Convention on Contracts for International Sales of Goods.

It is basically a framework for sales and transfer of goods in the world. It also helps to ease out the trade process by removing legal barriers among participating countries.

33 - True

Unless required by ratifying country, it is not required under CISG.

34 - True

CISG does have members from top ten economies such as the US, China, Japan , Germany etc

35 - True

Yes, smaller economies are also a part of the convention. A total of 92 states ( countries are involved ).

36 - True

The WTO, headquartered in Geneva deals in rules of trade between countries.

37 - False

The process earlier, under the old laws had no fixed time tables and was easier to block, often resulting in long inconcluive trials. So, they introduced Uruguay round agreement which has a structured process to guide resolution. It emphasizes that prompt settlement is necessary.

38 - True

39 - True

The WTO is only competent to deal with trade. In environmental issues its only task is to study questions that arise when environmental policies have a significant impact on trade. Its members do not want it to intervene in national or international environmental policies or to set environmental standards

40 - True

South Africa is the least corrupt among BRICS

41 - False

42 - True ; Every international organisation prohibits bribery

Walmart was charged $282 million in the bribery case

43 - True

44 - Geneva

One of the first WTO cases, brought by Venezuela and later Brazil against the US. The central question was about discrimination — whether the US measure discriminated against imported gasoline and in favour of domestic refineries.

45 - True

In 1996, the European Community and United States filed complaints with the WTO against Japan concerning their distribution and protection of sound recordings that originated in their respective states. Japan agreed to modify their copyright laws to fit these new parameters, effective March 1997

46 - True

47 - True

Flores vs  Southern Peru Copper Corporation

The court determined that, to state a claim under the ATCA, “plaintiff must allege either a violation of a United States treaty or of a rule of customary international law, as derived from those universally adopted customs and practices that States consider to be legally obligatory and of mutual concern.”

The Court held that in this case plaintiffs had failed to establish a violation of customary international law.

48 - E

49 - D

50 - True