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Oct 17, 2023

Legal aspects of International business and enterprise

Question 1

It has been said that International Law remains a "contradiction in terms." Discuss how International Law treatsindividual persons (i.e. human beings) compared to nation states? Explain your answer with reference to the relevant international business law principles and the applicable cases.

(Word limit Maximum 400 words)

Question 2

Some Legal experts have described GATT and GATS as the following:

"born like twins joined at the hip, but still entirely different."

Discuss the similarities and the differences between the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS), with reference to National Treatment Principles and Most Favoured Nation Principles.

(Word limit Maximum 400 words)

Question 3
Consider what happens when State X passes a law that makes it compulsory for branches of all of its domestic banks to follow State X`s rules on the regulation of bank deposits. Around the time this law is passed, another law is passed in the parliament of State Y. State Y`s law makes it mandatory for the local branches of those located in State Y, but whose parent banks are located overseas, to follow State Y`s rules regulating bank deposits.Bankers Credit Company, a bank headquartered in State X, and which has a foreign branch in State Y, is confused as to which laws - State X`s or State Y`s - to comply with.

You are the legal counsel for Bankers Credit Company. Advise the bank using relevant international business law principles and applicable cases as to which law its foreign branch in State Y has to comply with. Explain your answer with reference to the relevant international business law principles and applicable cases.

Note - Students should provide an answer in relation to how conflicts between Host and State Regulations are resolved.
( Word limit Maximum 400 words)

Question 4

Intellectual property has been described as essentially "useful information or knowledge." Discuss how a "patent" is different from a "copyright". Provide appropriate examples of each type of intellectual property in your response.

(Word limit Maximum 400 words)

Question 5

In formal discussions leading up to the Berlin Peace talks, Denmark`s ambassador told Norway`s foreign minister that Denmark would not object to Norway`s claim to Spitzbergen if Norway did not oppose Denmark`s claim to the whole of Greenland at the Paris Peace Talks.
After Consulting with his government, the Norwegian foreign minister told the Danish ambassador "that the Norwegian Government would not make any difficulty in setting the question." During the Paris Peace talks, Denmark`s representatives, as promised, dropped their objections to Norway`s claim over Spitzbergen. Much to Denmark`s surprise, though, Norway`s representatives continued to press the country`s claim to Greenland. A dispute thus arose between the two countries over which had sovereignty over Greenland. When Denmark`s representatives reminded the Norwegian representatives of their foreign minister`s earlier assurance, they were told that this was only a verbal commitment which was not binding on Norway.

Using relevant international business law principles and applicable cases, provide a responseto the following questions:

(a) What is a ‘Treaty" and how is a treaty different from a "Convention"? Which one is binding upon states?

(b) Is Norway obliged under international law to give up its claims to Greenland?
(Word limit Maximum 600 words)

Question 6

The United States has slapped a 25 per cent tariff on Australian manufactured steel entering the United States. The US Government claims they are simply implementing their rights according to certain sections of the US Trade Act of 1974. This move to potentially impact on Australian jobs as steel manufacturing is one of the country`s biggest employer and the US is Australia`s second biggest market next to China. As a prominent international legal expert, you have been appointed by the Australian Government to provide legal advice on this matter.

a) What would your legal advice cover and why?

Note - Students should discuss their response in relation to the General Agreements on Tariff and Trade (GATT) and World Trade Organisation (WTO) rules on legal disputes of international trade of goods.
( Word limit Maximum 600 words)


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