100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary International Business Law - The Hague University $6.06   Add to cart

Summary

Summary International Business Law - The Hague University

 8 views  0 purchase
  • Course
  • Institution
  • Book

International Business Law: Chapter 7, pp. 365-426, Chapter 5: Foreign Investment, Chapter 9 Intellectual Properties, Chapter 6 Money and Banking, chapter on Taxation, Chapter 12: Financing

Preview 3 out of 18  pages

  • No
  • Chapter 7, pp. 365-426, chapter 5: foreign investment, chapter 9 intellectual properties, chapter 6
  • October 28, 2023
  • 18
  • 2022/2023
  • Summary
  • Unknown
avatar-seller
WEEK 9 – GATT – Chapter 7

WTO  World Trade Organization
- Annex 1A  Agreements on Trade in Goods ( GATT)
- Annex 1B  General Agreement of Trade in Services (GATS)
- Annex 1C  Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)

Responsible for implementation of WTO, acting as a forum for trade negotiations, reviewing trade
policies and practices of WTO member states, and serving as a tribunal for disputes

Members:
- States
- Custom Territories (EU, ASEAN)

Purpose:
- Promotion and liberalisations of International Trade (LoIT)
- LoIT 

Principles:
- Direct effect (rules of WTO override national law)
- Protection through tariffs (on national industries)
o National industries (so not economic)
o No quotas / quantitative restrictions / taxes disguised as tariffs
- Non-discrimination (equality)
- Article 1 of GATT  non-discrimination principle (N-DP)
o MFN Rule (Most Favourite Nation Rule)
 Equal treatment of products from other MS that ask to be imported;
 Applications of MS tariff rules equally to all other members
 Non-discrimination at a country’s border
o NT Rule (National Treatment Rule)  Once imported goods are within the territory
of a state, that state must treat those goods no less favourably than it treats its own
domestic goods.
 Treatment of imported products from other MS equally
 Once they are inside its borders (on the local market)
 With respect to internal taxes (article 111.2)
o General Exceptions:  to protect public policy
 Necessary to protect public morals
 Necessary to protect human, animal =, or plant life/health
 Related to gold or silver
 Relate to the products of prison labour
 Protect national treasures of artistic, historic or archaeological value
 Relate to conservation of exhaustible natural resources
o Security exceptions:
 Protect essential security interests
o Other exceptions
 Escape clause (safeguards)
 Emergency & temporary measure
 Protects particular industry threatened by number of imports

Chapter 7, pp. 365-426, Chapter 5: Foreign Investment, Chapter 9 Intellectual Properties, Chapter 6 Money and
Banking, chapter on Taxation, Chapter 12: Financing

,GATT Policy: Regional (economic) Integration
- Purpose  Promotion and Liberalisations of international trade at regional level
- Means:
o Free Trade Area: Benelux, NAFTA, ASEAN, afCFTA
o Customs union: EU, Central American Common Market, CEMAC
- Brexit 

EU  Supranational, trias politica, all EU member states equal
USA view  no general agreements on trade, trade agreements with individual states. (EU is to
strong – divide policy)

Multilateral Trade Agreements
The regulatory agreements deal with:
- Customs valuation
o Evaluation of imported goods for tariffs’ purpose
o Evaluation method
- Preshipment inspection
o Checking of goods in the port of loading of developing countries
o Prevention of under-invoicing & fraud
- Technical Barriers to Trade (TBT Agreement)
o Technical regulations and standards
 Protection for the life and health of humans, animals, and plants, and the
environment
 Prevent deceptive practices
 Requirement; must NOT create unnecessary obstacles to trade
 May constitute exceptions to GATT’s N-DP
- Sanitary and phytosanitary measures (SPS Agreement)
o Protection for the life and health of humans, animals and plants, and the
environment
 May constitute exceptions to GATT’s N-DP
 Sanitary  hygiene, spread of pests and diseases and form risks arising from
toxins and contaminants
 Phytosanitary  produced food (animal and plant) (genetically enhanced)
- Antidumping
o Selling exported goods at prices below their normal value
o Not prohibited/when becomes prohibited?
- Safeguards
The Sectoral agreements:
- Agriculture
- Textiles and clothing
- Rules of Origin
o Laws, regulations, and administrative procedures
o Purpose: determine the country of origin of goods
o The agreement on rules of origin:
 Harmonisation of rules of origin
 Non discrimination rules:


Chapter 7, pp. 365-426, Chapter 5: Foreign Investment, Chapter 9 Intellectual Properties, Chapter 6 Money and
Banking, chapter on Taxation, Chapter 12: Financing

,  May be discriminatory
 May constitute exceptions to GATT’s Non-DP
Purpose:
- To avoid impediment of barrier to free import/export
- May be discriminatory

WTO Panel decision  makes the decision if something may be banned / discriminated

WEEK 10 – Chapter 5 – foreign Investment

Foreign Investment (FI)
- Ownership (one person)
- An enterprise
o 10% = of the controlling interest
o Not located in the owners’ home country

FI is regulated by Foreign Investment Law & Codes
- Bilateral Investment Treaties (BIT)
- Can promote and restrict investments through screening and regulating applications
o Level of regulation differ per country
 Open  minimal regulations
 Closed  strong regulations & Supervision
 Developing economies & economies going from closed to open tend to have
more regulations

Law & Codes National Foreign Investment Policies (Regulations)
Purpose:
- Promoting local productivity and technological development
- Encouraging local participation
- Minimizing foreign competition in economic areas already well served by local businesses

Screening of FI Applications:
Requirements:
- Register/apply with the designated government
o Financial plan, business plan, local involvement ect.
- Obtain governmental approval
o Government evaluation may look at contribution to local economy, opportunity for
technology transfer, impact on local markets ect.

FI limitations:
- The kinds of business forms
o Have/include local participation
o Obliged to fully disclose their activities to the public scrutiny
- Percentage of (foreign) equity or shares in local businesses
o May own up to certain percentage of equity
- The Economic sectors (Sectoral [sectorial] Limitation)
o Sectors exclusive for the state or its nationals


Chapter 7, pp. 365-426, Chapter 5: Foreign Investment, Chapter 9 Intellectual Properties, Chapter 6 Money and
Banking, chapter on Taxation, Chapter 12: Financing

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller tessa2002. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $6.06. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

83100 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$6.06
  • (0)
  Add to cart