Did IEEPA apply to Lindh’s case? What was the result?
As we know that the France country is a stable and consistently safe business environment that invites investment from around the world. The French government gives substantial resources to fascinating foreign firms, through policy encouragements, marketing, its external trade promotion organizations, and financier support devices. France is a carefully established nation with a great, varied and cultured consumer base. It has a durable developed segment that pursues out excellence workings from foreign dealers. Lastly, its reasonably prosperous population is an important consumer of services, mostly in the educational and travel segments. It should be distinguished that while the general French market can be observed as fundamentally similar to the U.S. market, the singular French customer of products and services is very discerning and repair and preparation are important to accomplishment for U.S. exporters in this market.
Questions 2:
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 nation to extend its jurisdiction over goods and technology that originated there? Can you make arguments for or against the extra territorial application of export control laws? Does this differ from the extraterritorial application of antitrust law or laws against bribery of foreign government officials?
The U.S government has recently executed new export license laws, which reinforce occupational training and increase elements of elasticity to the French market. Struggles are under way to streamline French tax and labor laws and managerial measures. The EAR license necessities relate to the assignment of measured technology for development, production, and use of robotic equipment (Schaffer, Agusti, & Dhooge, 2015). The legal and regulatory environment is comparatively apparent and constant. In 2016, the French government sustained to present new measures to encourage growth and investment as well. Many of these types selling networks have extremely well organized buying workplaces that have put in residence very severe selection processes for new suppliers and goods and services dispersed. Excessive retail mark-up, enduring competitive market innovation and originality collective with a continuously varying refrain designs attitude are prerequisites to keep up with trade trends.
Chapter 14
Question 1
- May they bring the Chinese cotton shells into Canada and ship them to the United States despite the quota? What processes would have to take place in Canada to do this? If they did, what would the tariff rate be? Would they see any net tariff savings?
The tariff decrease package is one of the most complete that has ever attained in the situation of an FTA, particularly with detail to the removal of tariffs upon entry into force of the agreement. General, the tariffs for 98.6% of all Canadian tariff lines and 98.7% of all European tariff lines will eventually be fully eliminated.
- Production in Canada would give ready access to the Canadian home-fashions market. Should the company explore the possibility of investment in a plant in Canada? What are the pros and cons of such a move? How would they be affected by NAFTA investment provisions?
Canada realized the determined agreement they required, opening up new employment and investment chances for economic actors on both sides of the country. Both sides have also emphasized the position that economic movement takes place within a background of clear and clear regulation by public authorities.
- Canada is a good supplier of goose down. If Down Pillow produces finished comforters in Canada, would it make a difference if it used down from Canada geese, as opposed to down plucked from geese in, say, Poland, and imported into Canada?
With detail to the Investment Canada Act that permits the Canadian government to screen attainments of Canadian corporations by non-Canadians for the advantage to Canada.
- Every state requires that comforters may only be sold if they are manufactured or imported by licensed bedding manufacturers. Bedding manufacturers are subject to state health codes. Does NAFTA prohibit the application of state health codes to Canadian and Mexican companies or to products made by them?
The agreement guarantees for the first time that intra-corporate transferees may be attended by their husbands and families when conditionally allocated to subsidiaries overseas.
- The company also has had some interest from buyers in Mexico. Would any import duties apply on shipments of either its U.S.- or Canadian-made products to Mexico? What would the tariff rate be? What special textile labeling rules are applicable, and how would they affect the company’s ability to market there?
Canada and the Mexican undertake to allow corporations to support their intra-corporate transferees to Canada for up to three years irrespective of their segment of activity. While providing very complete liberalization of trade and investment and substantial new openings for businesses and specialists, the Mexican and Canada also place a strong importance on the maximum standards of supportable development, on cultural diversity, and on the accurate to control in the public interests within their territories. This is actually best suited in all trade agreements and the EU does not take any promises with respect to public services.
- Management is concerned about meeting foreign health standards applicable to a natural product like down and feathers. Where would they go for information on foreign regulations?
Canada’s method was to exchange discrete side-agreements, while the Mexican’s long standing exercise is to transport these problems within a bigger sustainable development context that is complete an essential part of its country.
Chapter 15
Question 1
Rewe, a limited liability company with an office in Germany, imported goods from the EU countries. In 1976, Rewe applied to a German agency for permission to import Cassis de Dijon. The agency responded that spirits needed to contain 32 percent alcohol to be marketed in Germany. (The only exception to this rule was beer.) Cassis had only 15–20 percent spirit content, so it could not be imported. The German court referred the case to the ECJ to deal with conflicts between German law and Articles 30 and 37 of the Treaty of Rome. The German government argued that it was trying to protect public health and consumers. How did the court rule? Why? Did this settle the issue for the future?
The consequences on the country’s indications, on copyrights or on market entrance for crafts and convinced oceanic services have never been decided before by Canada to a trading partner. On investment protection and on the mutual acknowledgment of professional experiences, the EU and Spanish have broken new ground in generating actual rules to enable economic activities, without touching their ability to control these actions in the public interest. In this case, they invented by cultivating the existing system, descriptive the rules and making it more clear, in the additional by providing an outline that can give new chances to specialists. The general deal signifies an outstanding outcome of important economic value to Spanish companies, consumers and households (Schaffer, Agusti, & Dhooge, 2015).
At the end, EU and Spanish attained the determined agreement they required, opening up new trade and speculation chances for economic performers on both sides of the country. Both sides have also emphasized the importance that economic activity takes place within a framework of clear and transparent regulation by public authorities, and that they deliberate the right to control in the public notice within their lands as a basic fundamental attitude of the Contract.
Reference:
Schaffer, R., Agusti, F., & Dhooge, L. (2015). International business law and its environment (1st ed.). Stamford, CT (USA): Cengage Learning.