The controversial Trans-Pacific Partnership Agreement was negotiated and signed by President Obama on the basis of trade promotion authority from Congress. It includes 12 countries of Asia and the Pacific Rim, but not including China. The TPP includes provisions on trade, enforcement of labor and environmental laws, currency manipulation, IP protection, investment protection, and new rules to promote e-commerce and digital trade. President Obama argued that the TPP would boost exports and increase U.S. jobs by opening markets for American products. He also saw it as a way of increasing ties between U.S. and Asian companies while offsetting China’s growing economic, military, and geopolitical influence in the pacific region. However, during 2016 the TPP came under great popular criticism from politicians and labor groups that argued that the tariff reductions would cause losses in U.S. manufacturing jobs. In 2017, President Trump said he believed in “fair trade” rather than “free trade,” and called the TPP a “bad deal.” Three days after his inauguration, he used a presidential memorandum to withdraw the United States as a signatory to the agreement. Those in favor of the agreement responded that if the United States did not join, that the other signatories might enter into their own agreement without the United States. Moreover, China added that it would consider entering the TPP if the United States withdrew. What is the status of the TPP today? What are the key arguments for and against the United States increasing trade ties with Asia? As a beginning, consider this research document: The Trans-Pacific Partnership (TPP): Key Provisions and Issues for Congress, Congressional Research Service, Report by Ian F. Fergusson and Brock R. Williams, R44489, June 14, 2016. The TPP came under question at a time of rising populism, nationalism, and anti-immigration sentiment in many countries, including the United States, the United Kingdom, and others. How do you see these forces as affecting global trade relations at the time of your reading or in the foreseeable future?
> What is a questionnaire pre-test? Why should researchers pre-test surveys?
> What is a cover letter? What key things should be included in a cover letter?
> What is a branching question? Why are such questions used?
> What is the difference between the null and alternative hypotheses?
> What is the funnel approach to question sequencing?
> What is the proper sequence when asking for target information and classification information? Why?
> What is an ambiguous question? A leading question? A question with unstated alternatives? A question with assumed consequences? A double-barreled question?
> What is a split-ballot, and why is it used?
> What are some recommended ways for asking for sensitive information?
> What is telescoping error? What does it suggest about the period to be used when asking respondents to recall past experiences?
> What criteria can a researcher use to determine whether a specific question should be included in a questionnaire?
> What are the scales of measurement? What comparisons among scores can be made with each?
> What are cross-platform services? Why might they be important?
> Under what conditions is a standard test market a better choice than either simulated or controlled test markets?
> What is the coefficient of multiple determination, and what does it measure?
> What is the most important goal of a research report? Explain.
> Defendants were indicted in the United States for conspiring to ship, and for shipping, parts for forklifts to Iran in violation of the Iranian Transactions Regulations (ITR) and “with knowledge or reason to know that such goods, technology, or services
> What makes an import practice “unfair”? Is that a legal or “political” definition? What remedies are available under U.S. law to protect domestic industries from unfair import competition?
> A foreign shoe manufacturer sells shoes to a wholly owned subsidiary company in a foreign market at $20. The subsidiary sells to an independent distributor at $40, who sells to a retailer at $80.00. The retailer sells the shoes to a consumer for a price
> In an AD investigation, the ITA finds that the dumping firm was experiencing a downturn in its domestic economic cycle, and that there had been no intent to harm a U.S. industry. Can AD duties still be applied?
> What is the status of the Export Administration Act of 1979 and the Export Administration Regulations? Has the statute been renewed or replaced since its lapse in 2001?
> The export of electric cattle prods requires a license. Why? On what policy basis?
> Do goods and technology have “nationality”? What is meant by this statement? Do you think that a nation’s laws should apply to its goods and technology after they have left the territory of that nation? What principles of international law permit a natio
> Beginning in 1995, both Presidents Clinton and Bush issued several executive orders under IEEPA declaring a national emergency in dealing with terrorism. The Department of the Treasury issued regulations prohibiting transactions with terrorist groups or
> At the end of 2016 China initiated dispute settlement proceedings against both the United States and EU requesting that they cease treating China as an NME country under the dumping laws. United States—Measures Related to Price Comparison Methodologies,
> Inner Secrets entered 2,000 dozen boxer-style shorts from Hong Kong. The boxer shorts were made of cotton flannel in a plaid pattern, with a waistband, a side length of 17 inches, and two small nonfunctional buttons on the waistband above the fly. Two se
> Was this confiscation a commercial activity in which a private businessperson could engage? Was the Cuban government’s assertion of rights to post-intervention sums paid for cigars a commercial act? Is the analysis any different with respect to pre-inter
> CamelBak imported backpacks used for outdoor activities and designed to deliver “hands-free” water on-the-go. Each of the subject articles is a textile bag with padded shoulder straps and an insulated plastic reservoir for beverages, flexible tubing, a b
> Allstar imported a polyester fleece textile product that is similar to a blanket, but has sleeves for arms. It was in one size only, measuring 71 × 54 inches, with sleeves 28 inches long. There was no closure and it was open in the back. The article is r
> Assume your cellphone is assembled in China from parts that originate in dozens of countries. What factors must you be able to prove to U.S. Customs in order to mark the phone as “Assembled in China?
> Use the Customs Rulings Online Search System (CROSS) on the website of U.S. Customs and Border Protection to find rulings that might help in determining the following classifications: a. You intend to obtain a saw blade produced in England and then ship
> In a U.S. AD investigation, the ITA requests information from foreign producers or exporters on the foreign market value of their product in their home market. Respondents are expected to comply in a timely and accurate manner. May the ITA refuse to cons
> During the recession of 2009, the U.S. government financially “bailed out” the American automotive industry. The China Association of Automobile Manufacturers then petitioned the Ministry of Commerce of the People’s Republic of China (MOFCOM) to place AD
> The 2012 amendments to the CVD statute, cited in this chapter, permits CVD duties on imports from NME countries retroactively to 2006. Wireking, an affected importer, argued that this violated the Ex Post Facto provisions of the Constitution, prohibiting
> According to the U.S. Department of Commerce, in 2015 there were $1.1 billion of “large residential washers” imported from China. Whirlpool, a Michigan manufacturer, filed petitions for AD duties on washers made in China by Samsung and LG (respondents).
> U.S. presidents have considerable authority from Congress to protect domestic industry from foreign competition. But that authority has its limits. Are you able to list and describe the range of options under U.S. law that are available to a president wh
> Why must corporations be concerned about human rights issues when doing business internationally? Who are the “stakeholders” of a public corporation, and what is management’s responsibility to them?
> How should the FSIA apply if a government purchases private property as an embassy and violates local ordinances in its operation? What if a government-owned airline sells a tour package to a private citizen, and then detains her and refuses her entry in
> Pebble Beach Company (Pebble Beach) is a well-known golf course and resort located in Monterey County, California. The golf resort has used “Pebble Beach” as its trade name since 1956. Pebble Beach operates a website located at www. pebblebeach.com. Cadd
> Three judgments of the Rolls of Oleron appear in this chapter. Early ship owners, mariners, and merchants found it necessary for all parties aboard ship to share in the risks of the voyage. Explain how these judgments accomplished that.
> A shipper of fruits and vegetables delivered a refrigerated van of produce to the S.S. Bayamon at the port of Elizabeth, New Jersey, on September 22 for shipment to San Juan, Puerto Rico. The ship was supposed to sail that day but was unable to do so bec
> The WTO is a multilateral trade organization with member nations from all regions of the world. The majority are developing countries. The WTO agreements permit countries to enter into bilateral or regional trade pacts, or to create free trade areas and
> Explain the benefits of a multilateral trading system based on reciprocal tariff reductions. During the early days of the Trump Administration, the president called for an emphasis on “bilateral trade.” Explain how this departs from America’s position on
> Businesses and consumers in China process more than $1 trillion (U.S. equivalent) in electronic payments every year. The United States claimed that the Chinese government used several regulatory requirements that had the effect of only allowing one compa
> In 2001, an outbreak of hoof-and-mouth disease threatened the meat supply of Europe. This virus is spread through the air or by contact. To control its spread, millions of cattle, sheep, and pigs were slaughtered and burned; export and transportation of
> British Columbia, Canada, requires grocery stores to sell imported wine only within a “store within a store,” although it allows domestic BC wine to be sold on regular store shelves. The rule is contained in policy directives of the BC Liquor Control and
> There has long been debate over whether countries should take unilateral action to redress foreign trade barriers or seek to resolve the issue through negotiations. What do you see as the advantages or disadvantages of the U.S. pursuing trade remedies th
> Every year, the U.S. Trade Representative issues a report on foreign government trade barriers to U.S. goods and services, known as the National Trade Estimate Report on Foreign Trade Barriers. Locate the most recent report, choose three countries, and d
> U.S. antitrust law reflects U.S. economic policy. If U.S. antitrust law resolves an economic dispute among British companies, has U.S. economic policy been extended to Britain? What are the implications of the United Kingdom’s requirement that British co
> What are the limits on the president’s use of executive orders?
> What are the most common written mechanisms for issuing presidential statements or directives, and how are they generally used?
> Due to threats by the president to set import quotas, the U.S. State Department negotiated directly with European and Japanese steel producers to limit their companies’ exports to the United States. No foreign government was party to the agreement. Altho
> What is meant by the president’s “trade promotion authority?” In what way does it enhance the president’s trade negotiating authority with other nations?
> What recent executive orders, memoranda, or proclamations have been issued by the president affecting U.S. international trade?
> NAFT was a New York corporation engaged in the business of importing electronic equipment. In 1994, NAFT purchased $1.8 million in goods from Huston Electronics Company, a Taiwanese corporation. Huston was affiliated with C.M. Hung Company from which it
> The seller of goods has a right to proceed judicially against an issuing bank that dishonors its obligation under an irrevocable letter of credit, just as the seller has the right to proceed directly against the buyer. Should the issuing bank also be lia
> Robalen, Inc. was in the business of purchasing and selling yarns, fibers, and plastic resins. In March 1996, Robalen’s customer, Resilux, N.V. of Belgium, opened an irrevocable letter of credit with Generale de Banque, S.A., as the issuing bank for the
> In 2011, Mago International, a New York company, entered into a contract to sell meat products to NTP Genita, a company based in Kosovo. Mago required Genita to obtain a standby letter of credit issued by Bank for Business, a Kosovar bank, and confir
> English courts have no authority to interpret treaties, whereas U.S. courts do. What arguments suggest that the English approach is preferable? What arguments indicate that the U.S. approach is better?
> The rule of strict compliance in New York is best illustrated by Beyene v. Irving Trust Co., 762 F.2d 4 (2d Cir. 1985). The letter of credit specified that payment be made on presentation of a bill of lading naming “Mohammed Sofan” as the party to be not
> Wade entered into a contract to sell irrigation equipment to Ribadalgo, its Ecuadorian distributor. Ribadalgo obtained an irrevocable letter of credit in the amount of $400,000 from Banco General Runinahui, S.A. (Banco), a bank in Quito, Ecuador. The let
> Sony Corp. packed a shipment of videocassette tapes into a 40-foot ocean container for transport to England. Sony put the tapes into 1,320 cardboard cartons, then strapped the cartons onto 52 wooden pallets. The pallets were put into one shipment contain
> Assume a passenger dies aboard an international flight, and that there was no defibrillator aboard the aircraft that might have been used to revive him. Do you think the failure to have a defibrillator is an event “external to the passenger?” Do you thin
> Fishman shipped a container of boys’ pants on a ship owned by Tropical. The container was lost at sea due to improper storage. The pants were packed into bundles of 12 each and placed into what is known in the industry as a “big pack.” A “big pack” is si
> In 2004, Ellen Kruger was boarding a flight from San Francisco to Seattle, on her way home from Australia, when she was struck on the head with a backpack swung by another passenger. During the flight she became ill, vomited, and remained unconscious for
> The Plaintiff purchased a round-trip ticket on British Airways between London and Denver. Three days later she purchased a round-trip ticket on American Airlines between Denver and Washington, DC. During the flight between Denver and Washington, she was
> The plaintiff was traveling by air from Rome to Philadelphia. Being highly allergic to gluten, she had requested a gluten-free meal at the time she booked the flight. She again informed the flight attendant that she required a gluten-free meal. She was s
> Empresa Estatal Petroleos de Ecuador (PetroEcuador) contracted with BP Oil International, Ltd. for the purchase of 140,000 barrels of gasoline to be delivered CFR from Texas to Ecuador. The contract separately provided that the terms were governed by Ecu
> C-ART, Ltd. was an exporter of goods based in Hong Kong. C-ART entered into a contract with the New York Merchandising Company, a New York importing company, for the purchase of goods from manufacturers in Hong Kong. The goods were shipped by Hong Kong I
> Why would a British company bring a competition lawsuit under U.S. antitrust laws rather than EU competition law? What advantages does a company have in alleging an antitrust conspiracy? Describe the differences between U.S. law and EU law in the areas o
> The defendant agreed to sell watches to the buyer in Mexico. A notation was printed at the bottom of the contract that, translated into English, reads as follows: “Please send the merchandise in cardboard boxes duly strapped with metal bands via air parc
> Shared Imaging, a U.S. company, agreed to purchase an MRI machine from Neuromed, a German seller. The onepage contract of sale stated that the delivery terms were “CIF New York Seaport, the buyer will arrange and pay for customs clearance as well as tran
> Phillips contracted to buy naphtha from Tradax for shipment from Algeria to Puerto Rico on C&F terms. Shipment was to be made between September 20 and 28, 1981. The agreement incorporated the ICC Incoterms. It also contained a force majeure clause that s
> Lite-On Peripherals, Inc. was a California-based corporation engaged in the computer hardware business. Lite-On’s parent company was Silitek Corporation, a Taiwan-based corporation. On January 22, 1996, Burlington Air Express, Inc. received 1,000 cartons
> In March 1999, China North Chemical Industries Corporation and Beston Chemical Corporation entered into a contract under which Nocinco agreed to sell to Beston 718 pallets of explosive boosters deliverable “CIF” to Berwick, Louisiana, for which Beston ag
> Bruitrix held a bill of lading covering a shipment of washing machines that it had purchased. The washing machines were placed into a bonded warehouse operated by the British Transport Commission. Bruitrix pledged the bill of lading to its creditor, Barc
> A U.S. purchaser sued a German limited partnership alleging that the partnership breached a contract to deliver 15,000–18,000 metric tons of used Russian railroad rail to the U.S. company for recycling into other products. The rail was to be shipped from
> The Uniform Foreign Money Judgments Recognition Act of 1962 and the Uniform Foreign-Country Money Judgments Recognition Act of 2005 do not mention any requirement of reciprocity. However, several states will not recognize foreign judgments without assura
> A U.S. software manufacturer sold software for processing credit card charges to a U.S. limited liability company that was a wholly owned subsidiary of a German corporation. The software did not function properly and generated erroneous reports of charge
> Mrs. Clark’s Foods (Clark’s) was an Iowa corporation engaged in the business of labeling and distributing juices. Clark’s purchased apple juice concentrate in April 2011 from International Suntrade, Inc. (Suntrade), and Miller & Smith Foods, Inc. (Miller
> If Judge Hand had written his decision in December 1941, at the beginning of World War II rather than in 1945, at its successful end, would he have handed down a judgment against the national aluminum company of a principal ally of the United States? Sho
> In May 2009, Hanwha submitted a bid for the purchase of 1,000 metric tons of the petrochemical Toluene at $640 per metric ton. Cedar accepted the bid and followed up its acceptance by sending Hanwha, via e-mail, a signed contract sheet and a document set
> Shantou Real Lingerie Manufacturing Company (Shantou) is incorporated in China. Shantou manufactures and exports garments to the United States. Native Group International, Inc. (Native), is a corporation organized under the laws of New York engaged in th
> Bende had a contract to sell boots to the government of Ghana for $158,500. Bende promised to deliver the boots “as soon as possible.” Bende then contracted with Kiffe, who agreed to make the boots in Korea and to deliver them in Ghana within 60 to 90 da
> Lucent Technologies International, Inc., subcontracted with a Saudi Arabian company, National Group, for work that Lucent was doing as part of a $4 billion telecommunications project for the Saudi government. National Group sued Lucent for damages for te
> Michael Ghannoum, a resident of Texas, was hired to work as a pilot for Qatar Airways. Qatar Airways is entirely owned by the government of Qatar. Ghannoum’s employment was based in Qatar, where he resided under a Qatari resident permit. Qatar Airways’ c
> Seung was a passenger on the M/S Paul Gauguin cruise ship owned by Regent Seven Seas Cruises. The cruise ship operated exclusively in French Polynesia. Seung’s ticket contained a forum selection clause that designated Paris, France, as the sole location
> Why do so many litigants, “like moths to a flame,” want to litigate in the United States?
> Nicastro was severely injured at his workplace in New Jersey by an industrial metal shearing machine manufactured by J. McIntyre Machinery, Ltd., an English company. Nicastro filed a product liability claim against McIntyre in New Jersey state court. M
> Two teenagers residing in North Carolina were fatally injured when the bus upon which they were riding overturned on a roadway outside of Paris, France. The parents of the decedents brought a lawsuit in North Carolina state court against Goodyear Tire an
> Naoko Ohno, a Japanese citizen, obtained a $1.2 million tort judgment against the Saints of Glory Church, a California corporation, and its pastor Yuko Yasuma, a California resident, in Tokyo District Court. The basis for the judgment was a transfer of m
> In Alcoa, Judge Hand points out that even agreements to restrict trade only in Europe and South America would have anticompetitive repercussions in the United States. What additional element did he require before giving U.S. antitrust law extraterritoria
> Explain the concepts of jurisdiction and minimum contacts. What application do they have in international disputes?
> Two cases in this chapter, Transatlantic Financing and Bernina Distributors, involved very different facts but similar issues of law. What legal issues do they have in common? In each case there is some unexpected “supervening event” that interfered with
> What ideas do you have for setting up an accountability system to ensure compliance with codes of conduct and other ethical and social responsibility standards for business?
> Cometals, a New York commodities trading corporation, purchased 2,000 tons of Kenyan red beans from Tarbert Trading, an English commodities trading company. The beans would be shipped from a warehouse in Rotterdam, the Netherlands. Cometals purchased the
> Internationalists often refer to the “unification” or “harmonization”of international law. What do you think these terms mean? What factors have influenced the harmonization of international business law? In what ways do you think IBL is more “national”
> The Submitter, North Coast Steelhead Alliance (NCSA), filed a submission on enforcement matters pursuant to Articles 14 and 15 of the North American Agreement on Environmental Cooperation (NAAEC or Agreement) with the Secretariat of the North American Co
> The plaintiff, an owner of real estate in Austria near the former Czechoslovakia, brought action in Austrian courts seeking to prevent the construction of a nuclear power plant 115 kilometers away in Czechoslovakia. The plaintiff alleged that the plant h
> To protect endangered sea turtle populations from further decline by reducing their incidental mortality in commercial shrimp trawling, U.S. commercial shrimp trawlers are required to use Turtle Excluder Devices (TEDs) approved in accordance with standar
