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International Business Law and Its Environment

by: Schaffer, Richard; Earle, Beverley; Agusti, Filiberto

International Business Law and Its Environment

by: Schaffer, Richard; Earle, Beverley; Agusti, Filiberto

ISBN 13:
9780324261028
ISBN 10:
0324261020
Edition: 6th
Format: Hardcover
Copyright: 05/03/2004
Publisher: South-Western College/West
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Summary

INTERNATIONAL BUSINESS LAW AND IT'S ENVIRONMENT, 4th Edition employs a comparative approach that emphasizes private law and facilitates effective managerial decision-making. The authors balance the legal challenges of doing business in developing and non-market-economy countries with the economic and political issues that commonly arise.

Table of Cases

xxi

Table of Statutes

xxv

List of Frequently Used Acronyms

xxvii

Preface

xxix

Part One The Legal Environment of International Business

(100)

Introduction to International Business

(43)

Economic Interdependence

(1)

The Global Marketplace

(1)

The U.S. Experience

(1)

The Education of U.S. Managers

(1)

Forms of International Business

(13)

Trade

(1)

Comparative Advantage

(1)

Recent Trends in U.S. Trade

(1)

Trade in Services

(1)

Exporting

(1)

Direct Exporting

(1)

Indirect Exporting

(1)

Importing and Global Sourcing

(1)

Government Controls over Trade: Tariffs and Nontariff Barriers

(1)

Nontariff Barriers to Trade

(1)

Trade Liberalization and the World Trade Organization

(1)

Export Controls

(1)

Intellectual Property Rights and International Licensing Agreements

(1)

Protecting Intellectual Property Rights

(1)

Technology Transfer

(1)

International Franchising

(2)

Some Legal Aspects of Franchising

(1)

Foreign Direct Investment

(2)

Multinational Corporations

(1)

UNCTAD's World Investment Report

(1)

The Impact of Multinational Corporations

(1)

Subsidiaries, Joint Ventures, Mergers, and Acquisitions

(1)

United States Foreign Direct Investment

(1)

Conducting Business in Developing Countries

(8)

The Developing Countries

(1)

The Economic Environment in Developing Countries

(1)

Availability of Foreign Exchange in Developing Countries

(1)

Controls on Trade and Licensing in Developing Countries

(1)

Controls on Investment in Developing Countries

(1)

The Road to Free Markets, Consumer-Based Economics, and Private Ownership

(2)

Capital Investment

(1)

Privatization

(1)

The Results of Reform

(1)

The People's Republic of China

(1)

The Newly Industrialized Countries

(1)

The Less-Developed Countries

(1)

The Business Environment in Eastern Europe, Russia, and the Newly Independent Republics of the Former Soviet Union

(1)

The Transition from Communism to Free Markets and Private Enterprise

(1)

Managing the Risks of International Business

(19)

Risk Assessment and the Firm's Foreign Market Entry Strategy

(1)

Managing Distance and Communications

(1)

Selling Face-to-Face

(1)

Attendance at International Trade Shows

(1)

Language and Cultural Differences

(1)

Managing Currency and Exchange Rate Risks

(1)

Exchange Rate Risk

(2)

Floating and Fixed Exchange Rates

(1)

Methods of Managing Exchange Rate Risk

(1)

Currency Control Risk

(1)

Special Transaction Risks in Contracts for the Sale of Goods

(1)

Payment or Credit Risk

(1)

Delivery Risk

(1)

Property or Marine Risk

(1)

Pilferage and Containerized Freight

(1)

Managing Political Risk

(1)

Causes of Political Risk

(1)

The Impact on Trade Relations

(1)

The Risk of International Hostilities

(1)

Handling Political Risk

(1)

Risks of Foreign Laws and Courts

(2)

Ethical Issues in International Business

(1)

Receiving Professional Assistance in Going International

(1)

The International Attorney

(3)

Freight Forwarder/Customs Broker

(1)

The International Banker

(3)

International Law and Organizations

(27)

Public International Law

(8)

The Law of Treaties

(1)

The Vienna Convention on the Law of Treaties

(1)

Pacta sunt servanda

(1)

Jus cogens

(1)

The Impact of Treaties on Business

(2)

International Court of Justice

(1)

Problems of Jurisdiction

(2)

Developments Since the Nicaragua Case

(1)

The Role of the United Nations in the Public International Law

(1)

The General Assembly and the Security Council

(1)

The UN Security Council and Iraq

(1)

International Law and the World of Business

(1)

Private International Law

(8)

Comparison of National Legal Systems

(1)

Common and Civil Law

(1)

Socialist Law

(1)

Islamic Law

(1)

Comparative Law

(3)

Foreign Investment Codes

(2)

International Organizations

(4)

Organizations Affiliated with the United Nations

(1)

History and Development of the ``Bretton Woods'' Institutions

(1)

International Monetary Fund

(1)

The IMF and the World Bank

(1)

International Bank for Reconstruction and Development

(1)

GATT and WTO

(1)

OECD

(1)

International Chamber of Commerce

(1)

The Rome Statute of the International Criminal Court

(1)

Other Organizations

(1)

Human Rights, Ethics, and Business' Response

(6)

Cultural and Ethical Environment

(3)

Resolving International Commercial Disputes

(28)

Avoiding Business Disputes

(1)

Cultural Attitudes Toward Disputes

(1)

Methods of Resolution

(1)

Alternate Dispute Resolution

(4)

Mediation

(1)

Arbitration

(1)

National Arbitral Laws

(1)

Arbitration Bodies

(1)

Arbitration Clauses

(1)

Enforcement of Arbitration Awards

(2)

Litigation

(13)

Jurisdiction

(1)

In Personam Jurisdiction

(1)

Requirement for In Personam Jurisdiction: Minimum Contacts

(2)

Jurisdiction in the Internet Age

(3)

Obtaining Jurisdiction by Service of Process

(1)

Venue

(1)

Forum Non Conveniens

(1)

Forum Shopping

(1)

In re Union Carbide Gas Plant Disaster at Bhopal

(1)

Forum Selection Clauses

(2)

Conflicts of Law

(4)

The Restatement (Second) of the Conflict of Laws

(1)

Contracts

(1)

Torts

(1)

Choice of Law Clauses

(1)

The Application of Foreign Law in American Courts

(1)

Judicial Assistance: Discovery and the Collection of Evidence

(2)

Letters Rogatory

(1)

Antisuit Injunctions

(1)

Enforcement of Foreign Judgments

(1)

Uniform Foreign Money Claims Act

(1)

Commercial Disputes with Nations

(5)

Part Two International Sales, Credits, and the Commercial Transaction

102

(142)

Sales Contracts and Excuses for Non-Performance

104

(45)

The Development of International Sales Law

104

(5)

Modern Sales Law in the United States: The UCC and CISG

104

(1)

Conflicts of Law

105

(1)

Choice of Law Clauses

106

(1)

Development of the CISG

106

(1)

Contract Law in the Developing Countries

106

(1)

Contract Law in Socialist Countries

107

(1)

Contract Law in the People's Republic of China: An Illustration

108

(1)

The 1999 Contract Law of China

109

(1)

The Convention on Contracts for the International Sale of Goods

109

(4)

Applicability of the CISG to International Transactions

110

(1)

Place of Business Requirement

110

(2)

Sales Excluded from the CISG

112

(1)

Validity and Formation of International Sales Contracts

113

(14)

Enforcement of Illegal Contracts

113

(1)

The Writing Requirement

114

(1)

Digital Signatures in Electronic Commerce

115

(1)

Problems of Interpretation

115

(1)

The Parol Evidence Rule

115

(1)

Customs, Practices, and Trade Usages

116

(1)

Trade Usages under the CISG

116

(1)

Entering the Agreement: The Offer

116

(1)

The Intention to Be Bound

116

(1)

Public Offers

117

(1)

Open Price Terms

117

(1)

Firm Offers

117

(1)

Entering the Agreement: The Acceptance

118

(1)

Silence as Acceptance

118

(1)

Time of Acceptance

118

(2)

The Mirror Image Rule

120

(1)

The Manner of Offer and Acceptance: Buyer's and Seller's Forms

120

(1)

The Pro Forma Invoice

121

(1)

Contract Terms and Conditions and the ``Battle of the Forms''

121

(3)

The Battle of the Forms under the Common Law and Civil Law

124

(1)

The Battle of the Forms and Mirror Image Rule under the UCC

124

(1)

Confirmation Notices---German Law and the CISG

125

(1)

The Battle of the Forms under the CISG

125

(1)

The Validity of Standard Contract Terms: A Comparison

126

(1)

Express and Implied Warranties

127

(4)

Implied Warranties

127

(2)

Disclaiming Implied Warranties

129

(1)

Notice of Nonconforming Goods

130

(1)

Remedies for Breach of Contract

131

(7)

Avoidance and the Fundamental Breach

131

(1)

Fundamental Breach

131

(1)

Buyer's Right to Avoidance

131

(1)

Notice of Avoidance

131

(2)

Seller's Right to Remedy

133

(1)

Seller's Additional Time to Perform

133

(1)

Seller's Avoidance

134

(1)

Price Reduction

134

(1)

Money Damages

134

(3)

Foreign Money Judgments

137

(1)

Specific Performance in Common Law and Civil Law Systems

137

(1)

Specific Performance under the CISG

137

(1)

Anticipatory Breach

138

(1)

Right to Suspend Performance

138

(1)

Right to Avoidance

138

(1)

Avoidance of Installment Contracts

138

(1)

Events Beyond the Control of the Parties: Excuses for Nonperformance

138

(4)

Impossibility of Performance

139

(1)

Supervening Illegality

139

(1)

Frustration of Purpose

139

(1)

Commercial Impracticability

140

(1)

Extreme Hardship, Difficulty, or an Unreasonable Expense

140

(1)

Unforeseen Events

140

(1)

Shortages and Market Price Fluctuations

141

(1)

The CISG Exemptions for Impediments Beyond Control

141

(1)

Force Majeure Clauses

141

(1)

Cultural Influences on Contract Negotiations

142

(7)

Negotiating Contracts in Japan

142

(7)

The Documentary Sale and Terms of Trade

149

(29)

Payment and Delivery Risk

149

(1)

The Documentary Sale

150

(14)

The Document of Title

150

(1)

The Bill of Lading

150

(1)

Order and Bearer Documents

150

(3)

Importance of Negotiability to Trade

153

(1)

Documentary Collections

153

(2)

Rights of Purchasers of Bills of Lading

155

(1)

Good-Faith Purchasers of Bills of Lading

155

(1)

Carrier's Misdelivery

155

(1)

Shipside Bonds

155

(1)

Carrier's Lien

156

(1)

Responsibilities of Buyer and Seller in a Documentary Sale

157

(1)

Seller's Duty to Tender Documents

158

(1)

Seller's Additional Risk of Nonpayment

159

(1)

Certificates of Inspection or Analysis

159

(1)

Measuring Damages for Breach of the Documentary Sale

159

(1)

Types of Ocean Bills of Lading

160

(1)

Clean Bills of Lading

160

(1)

Onboard Bills of Lading

160

(1)

Received-for-Shipment Bills of Lading

161

(1)

Straight Bills of Lading

162

(1)

Amazon no longer offers textbook rentals. We do!

International Business Law and Its Environment

International Business Law and Its Environment

9780324261028

0324261020

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

International Business Law and Its Environment

International Business Law and Its Environment

9780324261028

0324261020

Summary

Table of Contents

Supplemental Materials

Write a Review

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