Business Law environment essay
I. Chapter 8 explained how the U.S. regulates international trade. For instance, you briefed two cases that dealt with the executive-legislative debate. Explain the following:
1. Access and quote the U.S. Constitution where it identifies the legislative authority to regulate international trade and the executive authority to do the same. https://www.law.cornell.edu/constitution/articlei - section8 the treaty power. The diagram of the power and the law.
2. Explain the two ways the executive branch obtains authority to regulate international trade and relations. Chapter 8 the separation of powers (article 2 section2)
3. The executive branch obtained broad authority to regulate international trade during the Great Depression after Congress enacted the Smoot-Hawley Tariff Act of 1930. Explain the Act (what it did and why it did it). Then explain what Congress did to give the executive branch its broad authority to regulate international trade thereafter. US trade on TEREF and legislation p:259. The president regulation the tariffs under the law that is called the typical trade agreement.
4. Explain the difference between self-executing and non-self-executing treaties and how to tell the difference when you review the terms of the treaty! P:254 self executive treaties. Advise more on that subject. Talk about how it is only principles.
5. Quote and explain the U.S. Constitution as it allocates authority between the federal and the state governments. Then tell what effect this has had on states’ ability to regulate international trade. In the constitution the federal and the state government. Constitution article 6 the law of the united states which sell be made in https://www.law.cornell.edu/constitution/articlevi the supremacy close if there is conflict between the federal and the state regulation then (preemptive takes place) the supremacy clues in international business
what happened 150 years ago when the 15 states decided to get out of the united states
it never happens because the u.s is not just an economic union it is a political union as well.
6. Go back over your answers in the above items. Look at the Key Terms on p. 271. Wherever you used one of those terms, identify it, make sure you have explained it, and count it. For instance, you wrote about self-executing treaties. Identify it and define it and count it. Do you have 10 from just this part of the exam?
1) International agreements
2) Conventions
3) Self executing treaties vs. not self executing treaty
4) Supremacy clause
5) Federal preemptions
6) Congressional executive agreements
7) Inherent executive power
8) Common clause
9) Free trade agreements every time a term is used it has to be identified in the essay
II. Access the two Banana Dispute cases, one on p. 290 and the other on p. 286. Discuss the following:
1. Summarize/brief the two cases, doing the earlier decision before the later one even though they are in reverse order in the text.
2. These cases were not decided by a court. Identify and explain the dispute settlement bodies which made the decisions, comparing them to a court of law or administrative agency decision in the U.S.
3. How will the decision/judgment be satisfied in court vs. with WTO dispute settlement body?
4. Is there a higher dispute settlement body in the U.S. vs. with WTO dispute settlement body?
5. What is the normal remedy in a U.S. court as opposed to with WTO dispute settlement body? In a business its always about money. Make their own terrifies to trade,
6. How does a judgment get satisfied in a U.S. court as opposed to with WTO dispute settlement body?
What dose GATT retaliate. Raise the terrifies banana price go up. Convey the terrifies on other products. P;286 and p:290 p:284
7. The GATT 1994 principles are listed on p. 288. Identify how the European Communities policies on importing bananas appeared to violate at least 3 of those principles. nondiscrimination and unconditional most favored nation rate
National treatments
Elimination of quotes and other non tariffs barriers.
III. Access the Harley-Davidson case on p. 344. What makes dumping wrong? Mention that the u.s have laws and help a domestic industry and that how it has advantages and disadvantages. Who complaints about dumping. Where is the line of being competitive? P:345 Honda got hurt and Suzuki too. Mention that.
1. Brief the case.
2. This was a decision of an administrative agency. In the U.S. legal system, can agencies act like courts to resolve disputes? Do they have the force of law?
3. As you review the facts, the circumstances for the president to impose quotas and such, explain what is the GATT Escape Clause, the factors to consider, and whether the facts in the Harley case seem to satisfy the 4 factors listed for a nation being able to utilize the GATT Escape Clause. It is discussed on p. 339 and illustrated in the Argentina footwear case.
4. Discuss Case Questions 1 and 2 on p. 345 with regard to the Harley case and similar situations.
5. Explain what subsidies are and how they might lead to unfair competition in international trade. Case Problem 6 on p. 362 is about wine, subsidies, and how a sovereign might hurt another sovereign’s domestic wine industry with such protections. Summarize and discuss what would be fair under the GATT 1994 principles.
IV. Consider what you plan to do with your international business degree or pretend you are hired in the international marketing department of Gallo Winery. What effect might being familiar with domestic and international trade regulation have on your business decision making? Citation
The text book
The us constitution