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Chapter 1 – International and comparative law

1. In Crosby, Secretary of Administration & Finance of Massachusetts v. National


Foreign Trade Council, the Supreme Court held that a state statute banning the state
government from purchasing goods and services from any company doing business in
Myanmar was a violation of:

The Treaty Clause. The Foreign Commerce Clause. The National Foreign
Trade Council Clause. The Intrastate Commerce Clause.

2. Which of the following is the correct order, from most to least important, of the
international law sources to be followed by a court?

Treaties and conventions, judicial decisions and teachings, custom, and general
principles of law. Customs, treaties & conventions, general principles of law, and
judicial decisions and teachings. Treaties & conventions, customs, general principles
of law, and judicial decisions and teachings. Treaties & conventions, general
principles of law, judicial decisions and teachings, and customs.

3. Which of the following is NOT a feature unique to international law?

There are no general principles of law from which an international tribunal may draw
upon in making decisions. There is no single legislative source of international law.
There is no single world court that interprets international law. There is no world
executive branch that can enforce international laws.

4. Which of the following is NOT true concerning "customs" as a source of international


law?

Custom describes a practice followed by two or more nations when dealing with each
other. Consistent, recurring practices between two or more nations over a period of
time may establish such practices as custom. The recognition that the custom is
legally binding is an important element of determining whether a new practice may be
established as a custom. Once a custom is established, it can never be changed.

5. Which of the following doctrines or principles is based primarily on courtesy and


respect and applied in the interest of maintaining harmonious relations among nations?

The Foreign Courtesy Doctrine. The Doctrine of Stare Decisis. The Principle
of Comity. The Act of State Doctrine.

6. Which of the following is NOT a permanent member of the United Nation's Security
Council?

Venezuela. France. The United States. Russia.

7. Which of the following is NOT true about the European Community?

A common currency, called the EURO, has been introduced. Open borders for
trade have been established among its members with special provisions for nonmembers.
Customs duties have been eliminated among member nations. A unanimous vote
of existing EU members is needed to admit a new member.

8. Which of the following nations is NOT a member of ASEAN?

Malaysia. Thailand. Cambodia. Japan.

9. Which of the following is NOT an economic community?

MERCOSUR Common Market. Central American Common Market. East


African Community. Appalachian Common Market.

10. OPEC is the acronym for:

Organization of Petroleum Exporting Council. Organization of Petroleum


Exporting Countries. Organization of Prices in Petroleum-Exporting Countries.
Organization of Petroleum's Executive Council.

11. Which country, besides Mexico is the only other country to have international trade
agreements with the United States, Canada, and the European nations of the EU?

Israel. Columbia. Italy. Kuwait.

12. Which of the following is NOT one of the markets China has agreed to open under
the landmark China-United States Trade Pact?

Repair and Maintenance Services. Banking and Financial Services Market.


Family Planning Services. Vehicle Sales.

13. Which organization has been referred to as the "Supreme Court of Trade"?

World Court. International Court of Justice. European Court of Justice.


World Trade Organization.

14. Under the European Union Directive on Data Protection, the compilation and selling
of customer databases is highly regulated. Which of the following is NOT one of the
rules under this Directive?

Companies cannot transmit personal data about European Union citizens to users in
other countries whose privacy laws are not as strict as the EU. Web site owners will
not be able to use "cookies" to obtain customer profiles. Companies must contact
each customer every six months to update their information banks. Companies
cannot engage in cross-marketing without customer permission.

15. The act of state doctrine provides that:

The judicial branch of one country will not examine the validity of public acts
committed by a foreign government within its own territory. The judicial branch of
one country may examine and determine the validity of public acts committed by a
foreign government within its own territory. The judicial branch of one country will
defer to the laws and judicial decisions of another nation if those laws and decisions are
consistent with U.S. laws and policy. The judicial branch of one country will
examine the validity of proclamations announced by another country's top foreign
governmental official.

16.

Which of the following principles, statutes or doctrines tend to provide foreign nations
with absolute immunity from the jurisdiction of the U.S. courts?

The Alien Tort Statute. The Doctrine of Sovereign Immunity. The Doctrine
of Forum Non Conveniens. The Foreign Sovereign Immunities Act

17.

When a government seizes private property or goods owned by foreigners for a proper
public purpose and awards just compensation, the seizure is:

A Naturalization. A confiscation. An expropriation. An extradition.

18.

An international arbitration clause should include all of the following EXCEPT:

A Forum-selection Clause. A Choice of Law Clause. The parties agree to be


bound to the arbitrator's decision. The parties agree to a set of questions to be asked
during voir dire.

19.
A controversy arose between the United States and Japan. Both countries agreed to have
the International Court of Justice (ICJ) hear the dispute. The Court ruled against Japan
and awarded the United States $2 million in compensatory damages. Which of the
following statements is correct?

Japan is not bound by the decision and does not have to pay the United States the $2
million. Japan is bound by the decision and has to pay the United States the $2
million. The United States may seek to enforce the decision in the United States
Supreme Court if Japan doesn't pay. Japan may appeal the ICJ's decision to the
World Trade Organization.

20.

Under the Foreign Sovereign Immunities Act, a foreign nation will be subject to suit in
the United States courts if it engages in commercial activity in the United States or in
commercial activity directly affecting the United States. Under what other circumstance
will a foreign nation be subject to suit under the FSIA?

If more than 300 citizens will be affected. If it waives sovereign immunity. If


technology licensing is involved. If a military contract is involved.