What is a treaty and how is a treaty different

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Reference no: EM133646710

Legal aspects of International business and enterprise

Question 1
In informal 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 that was not binding on Norway.

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

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

(b) Is Norway obliged under international law to give up its claims to Greenland?

Question 2
Assume you are the Executive Director of a subsidiary in India with headquarters in Australia. By opening subsidiaries across the globe, multinational enterprises face laws from different countries. In particular, clients claim against firms for breach of duty care due to defective products that harm individuals and firms based on three torts. Answers the questions that follow.

Required:

a) Examine the three torts individuals would employ to make claims against your subsidiary.
b) Negligence is usually the basis for imposing product liability against firms. Examine the elements of burden proof that a claimant must prove against your subsidiary.

Question 3
Suppose after graduating from Holmes Institute, you start a business with innovations that you register with Intellectual Property Australia to become your internationally recognised patent. Also, assume that after success in Australia, you want to start a London subsidiary. Answer the following questions.

Required:
a) Examine the five trademarks from which you would adopt one to identify your business as well as the products or services you provide to the community.
b) Explain the five ways through which your patent would be transferred to London.

Question 4
Suppose your firm with headquarters in Sydney is planning to open a subsidiary in Turkey. Also, assume you are the head of the delegation. Further, assume that you are to meet the Chief Executive Officer of The Republic of Turkey Prime Ministry Investment Support and Promotion Agency (ISPAT).

Required:
a) Examine the guarantees you would expect the ISPAT Chief Executive Officer to offer to your subsidiary before recommending for your firm to invest in Turkey.

b) Explain the disclosure information you would present to the Turkish Chief Executive Officer.

Question 5
Article XIX of GATT 1994 "Emergency Action on Imports of Particular Products" is an escape clause or safety valve that allows a member state to avoid, temporarily, its GATT obligations when there is a surge in the number of imports coming from other member states.

Required: Examine the GATT 1994 general exceptions that allow World Trade member countries to temporarily suspend their international trade obligations during trade in goods and services.

Reference no: EM133646710

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