HI5015 Legal Aspects of International Business and Enterprise
This assignment is designed to assess your level of knowledge of the key topics covered in this unit
Unit Learning Outcomes Assessed:
•Understand the overall structure of the global legal environment in which business operates today.
•Apply an understanding of national and international legal practices to international business law issues.
•Gain an overview of nation to-nation relations, multinational enterprises, dispute settlement across national borders, and rules for global trade in goods and services.
•Achieve a firm understanding of global legal issues in intellectual property, foreign investment, money and banking, sales, transportation and financing.
Discuss the role of the International Monetary Fund (IMF) in the international trading system.
Discuss the relevance of the World Trade Organisation (WTO) in 2020. In your response outline the structure, the decision-making system and the dispute settlement process.
Discuss the General Agreement on Trade in Services (GATS) in terms of the framework agreement, the GATS Annexes and the GATS Schedules of Specific Commitments and consider whether “Progressive Liberalisation” is a realistic long-term objective for GATS.
Discuss the concept of moral rights. In your response, consider the differences in the treatment of moral rights in the Copyright Laws of the American legal system with that of the European Civil Code, including the Copyright Laws of Belgium, France or Germany.
Consider the following extract from Case 10 – 6 The Shoe Seller’s Case,
“The CISG expects a buyer to accept deliveries of nonconforming goods [unless they are fundamentally nonconforming] and to invoke remedies other than avoidance (such as reduction of the price and damages) as compensation for the defects. For example, there would be no fundamental breach of contract [and no right to avoid the contract] in cases where the buyer is able to use some of the goods.”
Using your knowledge from Week 10 – Sales and Logistics and with reference to the case above, explain the CISG “Avoidance” provisions for both the buyer and seller.
Consider the following extract from Case 12 – 2 Mair v. Bank of Nova Scotia,
“To constitute an apparent alteration within the meaning of the Bills of Exchange Act it should be apparent upon inspection of the bill that its text has undergone a change. The document itself must show that some revision of the text has taken place and its appearance must be consistent with the revision having occurred after completion or issue, although it may also be consistent with the revision having occurred before completion.”
Using your knowledge from Week 11 – Financing International Business and with reference to the case above, explain where the burden lies for determining the validity of an endorsement if it is deemed ineffective under Common Law.