Major Ocean Ports of the World Essay Example

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This text was printed in the USA, with a print line that goes 1 2 3 4 5 6 7 followed by decreasing numbers from 12 to 08. R.S. dedicates this to Avery and also to John Phillip Reid, who is an emeritus

professor of law at New York University. Reid has been a cherished friend and guide, his talks on common law and history of English legal system have significantly impacted R.S.'s teaching and writing methods till now. F.A pays tribute to their father Filiberto, mother Maria Luisa for all the sacrifices they made so that F.A could freely pursue reading and writing; furthermore gratitude extends towards wife Susan, daughters Caroline, Olivia, Jordan for being understanding.

B. E. This manuscript is a collaborative work by Richard Schaffer, who formerly held the role of Business Law Professor Emeritus in the Finance Department at Appalachian State University and has since retired, along with his enduring collaborator John throughout his professional journey. They express their deep gratitude towards their daughter Molly for her consistent dedication and relentless work ethic that have constantly inspired them. With an impressive academic career spanning 25 years, Professor Schaffer has taught subjects such as business law, international business transactions, and laws pertaining to international trade and investment. His academic laurels include obtaining a J.D from the University of Mississippi and an LL.M from New York University. From 1976 to 1982 he was involved in numerous projects related to multinational corporations, corruption issues & socioeconomic development working with United Nations' agencies across various locations like New York, San Jose, Vienna among others. In addition to this, he played the role of rapporteur for international groups studying global economic crime while also providing guidance on curricula internationalization to business schools and consultation services to industry trade organizations.

Dr. Schaffer, a seasoned business academic, frequently provides insights on topics pertaining to the global home textile market.

FILIBERTO AGUSTI, an associate of the worldwide legal firm Steptoe & Johnson LLP, has been professionally active in this organization since 1978. He offers law-related services to multinational firms and governments including investors and manufacturers in facets like international arbitration instances, transaction negotiations, and court procedures. His professional tenure includes overseeing cross-border corporate acquisitions, managing privatization transactions internationally along with bankruptcy restructurings and supervising global project finance deals. Mr. Agusti contributes articles to renowned journals such as the Harvard Law Review among others in his area of specialization. Frequently he speaks at various global professional workshops and routinely imparts his knowledge regarding legal matters on channels such as Univision, Telemundo, and CNN en Espanol. During 1977–78 he fulfilled his duties as a judicial aide for the U.S Court of Appeals for the Second Circuit.

The person under consideration is a distinguished alumnus of Harvard Law School, having served as a senior editor for the Harvard Law Review. He achieved his B.A. degree from the University of Illinois in 1974 with utmost honors, graduating summa cum laude and ranking first in his class. In addition, Beverley Earle has been serving as a professor at Bentley College's Department of Law, Taxation and Financial Planning and McCallum Graduate School of Business located in Waltham, Massachusetts since her affiliation began in 1983. She imparts knowledge on international business law to both undergraduate and graduate students while educating them about the legal aspects inherent to business operations and their societal impacts.

She is a graduate with a B.A. degree from the University of Pennsylvania and also holds a J.D. degree from Boston University, with legal practicing rights in

Massachusetts. Her significant contributions to her field have been recognized through numerous awards including the Holmes-Cardozo award (2006) given by the Academy of Legal Studies in Business and the ALSB Distinguished Proceedings paper (2007). She was also shortlisted for the Charles Hewitt Master Teacher Award (2006), and emerged victorious in the ALSB/Indiana University Center for International Business Education and Research Case Competition (1999).

Professor Earle's notable contributions to Bentley University have earned her significant accolades, including being named the Bentley Scholar of the Year in 2001. She was also awarded the Bentley Innovation in Teaching and Outstanding Scholarly Contribution Awards in 2007. Her knowledge has been shared at numerous conferences such as the Cornell Law School Symposium. Furthermore, her scholarly articles have been featured in prestigious law review journals associated with Cornell University, Northwestern University, and the University of California at Berkeley.

She served as a teacher at Yunnan University in Kunming, China, and Strasbourg, France in 1990 and 1992 respectively. She used her sabbatical leaves during 1993-1994 and 2007 to travel to Paris and India respectively. Her professional contributions include serving as the former president of the International Section of the Academy of Legal Studies in Business and being a member of the Hearing Committee on Attorney Discipline under the Massachusetts Board of Bar Overseers since 2006.
BRIEF CONTENTS PREFACE
PART ONE xxvi consists of The Legal Environment for International Business:
It covers an Introduction to International Business (Chapters 2 & 3), International Law and Global Legal Systems (Chapter 4) along with Resolution Strategies for International Commercial Disputes (Chapter 47).
PART TWO is centered around International Sales, Credits & Commercial Transaction:
The subjects discussed include Contracts for

Sale and Reasons for Nonperformance (Chapters 4 -7), Documentary Sale/Trade Terms (116), Transportation Of Goods/Liability Of Air And Sea Carriers(161) as well as Bank Collections/Commercial Finance/Letters Of Credit(191)
PART THREE focuses on both U.S. domestic context and international perspectives.

Trade Law 8 9 10 11 12 13 14 15 258 National Lawmaking Powers and the Regulation of U. S. Trade 260 GATT Law and the World Trade Organization: Basic Principles 288 Laws Governing Access to Foreign Markets 321 Regulating Import Competition and Unfair Trade 356 Imports, Customs, and Tariff Law 384 The Regulation of Exports 431 North American Free Trade Law 463 The European Union and Other Regional Trade Areas 499 PART FOUR Regulation of the International Marketplace 16 17 18 19 20 21 22 530

International Marketing Law covers a wide range of subjects such as Sales Representatives, Advertising, and Ethical Dilemmas (532), Licensing Contracts along with Intellectual Property Rights Shielding (558), Host-Nation Legislation embedding Corporate Law, Taxation, and Exchange Risk (584), Nationalization, Confiscation and Privatization (606), Labor coupled with Employment Bias Law (637), Environmental Legislation (662) and regulations pertinent to Competitive Climate(690).
Essential supplementary materials like The United Nations Convention on Contracts for the International Sale of Goods A-1, The General Agreement on Tariffs and Trade B-1, Multilateral Agreements on Trade in Commodities C-1, General Agreement on Trade in Services D-1, Agreement on Trade-Correlated Aspects of Intellectual Property Rights E-1; plus North American Free Trade Treaty F-1 are available at the companion website hosted at academic. cengage. com/blaw/schaffer.

INDEX SECTION I-1
v OVERVIEW
CASES DIRECTORY

xvii TREATIES LISTING
xxii STATUTES REGISTER
xxiv INTRODUCTION
The Journey from Communism to Market Freedom and Private Sector in Eastern Europe, Russia, and the Newly Independent Republics of the Former Soviet Union 31
Conversion From Communist Regimes to Market Economies 31
PART ONE LEGAL CONTEXT IN INTERNATIONAL BUSINESS 2
International Business Risk Management 32 CHAPTER ONE

BEGINNING OF GLOBAL BUSINESS Economic Dependence 4 4 America's Role in Global Markets 5 Different Types of International Business Trade 6 Exports 9 Imports and Worldwide Sourcing 12 Government Regulations on Trade: Tariffs and Non-tariff Restrictions 12 Rights to Intellectual Property and International Licensing Contracts 14 Overseas Direct Investment 19 Multinational Companies 19 US Foreign Direct Investment Activities 21.

The text discusses various aspects of risk assessment and the firm's foreign market entry strategy. It covers transaction risks in contracts for the sale of goods, managing currency and exchange rate risks, managing distance and communications, dealing with language and cultural differences, managing political risk, and the risks of exposure to foreign laws and courts. It also emphasizes the importance of receiving professional assistance when expanding internationally. Additionally, it addresses international law and conducting business in developing and newly industrialized countries.

The document examines a variety of subjects including the economic landscape in evolving nations, investment regulations, and the shift towards open markets and private ownership. It also categorizes countries by their level of economic maturity. Additionally, it delves into an understanding of international law's definition and roots such as

public and private international law, customary international law, and treaty laws. The text mentions global human rights, humanitarian legislation, and criminal laws. Furthermore, it elaborates on fundamental concepts of public international law like comity and sovereign immunity. Various other elements discussed are forum selection clauses, legal conflicts, role played by global organizations like United Nations along with its branches in global business legislature. For a deeper comprehension of this area 'Restatement (Second) of the Conflict of Laws' is cited. Also touched upon are topics like choice-of-law clauses application of foreign laws in U.S courts judicial assistance measures taken against lawsuits.

In global business, principles of ethics, social accountability, and corporate behavior codes are highly significant. The issue of corporate social responsibility in emerging economies is intricate due to the contrast between developed and underdeveloped nations. Codes of conduct act as key guidelines for companies to promote ethical actions and responsible operations. These codes gain prominence in international trade deals since enforcing overseas legal decisions may be difficult. A study into various national legislations and legal structures indicates disparities between civil law jurisdictions and common law states. Additionally, Islamic law upholds unique legal doctrines.

In this paragraph, the text discusses sales contracts and excuses for nonperformance in Chapter Four, specifically about the introduction to contracts for the international sale of goods, the law of sales, the law merchant and English sales law, and the American Uniform Commercial Code. Additionally, it mentions contract law in China. In Chapter Three, the text focuses on resolving international commercial disputes, including avoiding business disputes, cultural attitudes towards disputes, and methods of resolution such as alternate dispute resolution, mediation,

and arbitration. It also brings up the Convention on Contracts for the International Sale of Goods.

The text discusses various aspects related to international sales contracts, including the applicability of the CISG, litigation jurisdiction venue, validity and formation of contracts, enforcement of illegal contracts, the writing requirement, problems of contract interpretation, mutual assent (the offer and acceptance), standard business forms and contract modifications, certificates of inspection or analysis, measuring damages for breach of the documentary sale, types of ocean bills of lading, other types of transport documents, and electronic data interchange.

The performance of contracts is an important aspect to consider when dealing with the allocation of shipping responsibilities and the risk of loss. Freight and transportation charges also play a role in this allocation. International sales under the CISG involve the risk of loss, which is determined by trade terms. Trade terms are internationally recognized rules for interpreting and modifying trade terms. In case of breach of contract, remedies include fundamental breach, seller's right to remedy, price reduction, money damages, specific performance, and anticipatory breach.

The text discusses various excuses for nonperformance in events beyond the control of the parties. These include impossibility of performance, frustration of purpose, commercial impracticability, and exemptions for impediments beyond control under the CISG. The text also mentions force majeure clauses. Furthermore, it touches upon the liability of international air carriers and cultural influences on contract negotiations, specifically in Japan. Lastly, it discusses transaction risk in the documentary sale and terms of trade.

The following text contains various sections related to liability in transportation, including air carrier's liability for death or bodily injury, liability for air cargo

and baggage losses, liability for the carriage of goods by sea, and more. The text also mentions specific conventions and regulations such as the Warsaw Convention of 1929, the Montreal Convention of 1999, the Death on the High Seas Act, the Documentary Sale, the Bill of Lading, the Hamburg Rules, and the Visby Amendments.The text discusses various topics related to ocean transportation intermediaries, such as freight forwarders and non-vessel operating common carriers. It also mentions the Ocean Shipping Reform Act of 1998 and other specialized uses for letters of credit. Additionally, it covers topics related to marine cargo insurance, including marine insurance policies and certificates, general average and FPA losses, and particular average losses. The text also includes information on types of coverage. Lastly, it touches on international and U.S. trade law, specifically national lawmaking powers and the regulation of U.S. trade.

S. TRADE 260 CHAPTER SEVEN BANK COLLECTIONS, TRADE FINANCE, AND LETTERS OF CREDIT 227 The Bill of Exchange 227 The Separation of Powers The Executive–Legislative Debate 261 Legislative Power 261 Presidential or Executive Power 262 260 The Origin of Bills of Exchange 228 Brief Requirements of a Bill of Exchange 228 The Documentary Draft and the Bank Collection Process 229 Documentary Drafts Used in Trade Finance 229 Credit Risks in Factoring Accounts Receivable: The Rights of the Assignee 232 The Treaty Power The Domestic Law Effect of U. S. Treaties 267 266 Executive Agreements

Sole Executive Agreements and the President’s Inherent Power 270 Congressional–Executive Agreements and the President’s Delegated Power 271 269 The Letter of Credit The Documentary Letter of Credit 233 Law Applicable to Letters of Credit 235 The Independence

Principle of Letters of Credit 235 Following a Letter of Credit Transaction 237 The Rule of Strict Compliance 242 Enjoining Banks from Purchasing Documents in Cases of Fraud 245 Con? rmed Letters of Credit 248 Standby Letters of Credit 248 232 U. S. Trade and Tariff Legislation The Smoot-Hawley Tariff Act of 1930 272 The Reciprocal Trade Agreements Act of 1934 272 More Recent U. S.

Trade Legislation 274 272 Trade Agreements The General Agreement on Tariffs and Trade 275 Trade Promotion Authority 275 274 x Contents Federal–State Relations The Supremacy Clause 276 Burma, Human Rights, and Federal Preemption 276 The Import–Export Clause 277 The Commerce Clause 278 276 GATT 1994: Major Principles of Trade Law 302 Multilateral Trade Negotiations 303 Tarif? cation 304 Tariff Concessions, Bound Rates, and Tariff Schedules 304 Federal Agencies Affecting Trade United States Department of Commerce 281 United States Department of Homeland Security 281 United States Trade Representative 282 International Trade Commission 282 The U.

The content covers multiple subjects concerning trade regulation, such as the U.S. Court of International Trade, non-favoritism, most favored nation trading, national treatment, NTR status along with Jackson-Vanik, abolishment of quotas and the core tenets of GATT law and World Trade Organization. Additionally, it discusses why there's a need for import regulation, tariffs, non-tariff obstacles to commerce, indirect non-tariff barriers, transparency and how trade barriers influence managerial choices.

Numerical Limitations: The Exception of Balance-of-Payments and Developing Nations 313
TENTH CHAPTER LEGAL FRAMEWORK FOR ENTRY INTO FOREIGN MARKETS 321 The Fundamental Doctrine of Minimal Trade Restrictions 321 Technical Obstructions to Commerce Protection for Public Health, Safety, or Welfare 324 Standards and

Technical Norms in the European Union 326 Standards and Technical Regulations in Japan 326 Chinese Standards and Technological Rules 328 The WTO Treaty on Technical Barriers to Trade 329 International Standardization Organization's Role330 General Agreement on Tariffs and Trade (GATT) provisions294

GATT Framework 295, GATT and U.S. Law 296, Scope and Coverage of both GATT 1947 and GATT 1994 are discussed in the text. It also covers the organization of The World Trade Organization (WTO) along with its dispute-settlement procedures. Moreover, it talks about WTO reports functioning as legal precedents. Import Licensing Procedures including The WTO Agreement on such procedures is another topic covered here along with Trade Facilitation. Government Procurement is also delved into, incorporating The WTO Agreement related to it and how these procurement rules are administered in the United States. Lastly there's a focus on trade in services encapsulating The WTO General Agreement on this matter.

The following text encompasses a variety of subjects pertaining to commerce and the World Trade Organization (WTO). These subjects encompass the WTO Agreement on Safeguards, American regulations for protection against harm in trade, trade adjustment aid, along with a case review related to the U.S. steel sector. It also references laws addressing unfair imports, dumping and antidumping tariffs, agricultural trading, sanitary and phytosanitary protocols, trading textiles and apparel, as well as the economic aspects of dumping. Further discussion is provided regarding the WTO Antidumping Agreement, settling disputes in dumping incidents, plus issues concerning dumping in transitioning non-market economies.

The text discusses various trade agreements and laws related to unfair import practices, including subsidies, countervailing duties, trade-related investment measures, intellectual property rights, the Information Technology

Agreement, trade sanctions, U.S. Section 301, the Trade and Development Act of 2000, Special 301, Telecommunications 301, Super 301, and the WTO Agreement on Subsidies and Countervailing Measures. It also defines subsidies and differentiates between prohibited subsidies, domestic subsidies and nonactionable or socially beneficial subsidies.Government Subsidies and State-Owned Enterprises

The controversy surrounding the Continued Dumping and Subsidy Offset Act of 2000

Material Injury in cases of unfair imports

Chapter Eleven: Regulating import competition and unfair trade

The pros and cons of import regulation

Measures taken to prevent injury from imports

Judicial review in international trade cases

Chapter Twelve: Imports, customs, and tariff law

The administration of customs and tariff laws

The process of formal entry

Liquidation and protest procedures

Enforcement and penalties in customs and tariff matters

Binding rulings and their implications

Determining the dutiable status of goods

Using the Harmonized Tariff Schedule for interpretation

Procedures for customs valuation

Country-of-origin rules for imports

The WTO Agreement on Rules of Origin

Special rules for textiles and apparel

Import marking and labeling regulations

Federal Trade Commission's "Made in U.S.A." rules

The effectiveness of trade sanctions

The impact of export controls on business and trade

Trade controls for reasons of short supply

Trade controls for the protection of wildlife, environment, public safety, or antiquities.

The history of U.S. export control laws, including the Cold War "Cat and Mouse" game of spying and industrial espionage, recent enforcement actions, and multilateral cooperation in controlling technology are discussed in this text. It also covers U.S. trade preferences for developing countries, export controls on commercial and dual-use goods and technologies, the Export Administration Act of 1979 and regulations, the export licensing process, deemed exports, extraterritorial jurisdiction of export control laws, and antiboycott provisions. Additionally, compliance and enforcement measures are addressed.

The following topics are

discussed in this text with their respective chapters:
-The Generalized System of Preferences (Chapter 420)
-The Caribbean Basin Economic Recovery Act (Chapter 421)
-Other Customs Laws Affecting U.S. Imports (Chapter 423)
-Drawbacks (Chapter 423)
-Returns of U.S. Exports (Chapter 424)
-Foreign Trade Zones (Chapter 424)
-The President’s Emergency Powers During Peace and War (Chapter 452)
-Trading with the Enemy Act (Chapter 452)
-National Emergencies Act (Chapter 452)
-International Emergency Economic Powers Act (Chapter 452)
-USA PATRIOT Act (Chapter 452)
-Court Challenges to IEEPA (Chapter 453)
-U.S. Sanctions on Trade with Cuba (Chapter 457)
-The Regulation of Exports (Chapter 431)
-Trade Controls over Arms, Munitions, and Defense Systems (Chapter 432)
-The Neutrality Acts (Chapter 432)

The North American Free Trade Agreement (NAFTA), alternatively known as the North American Free Trade Law, regulates trade among Canada, the United States and Mexico. It addresses issues pertaining to national security and foreign policies linked with trade rules. The accord consists of provisions about goods produced within North America with respect to origin regulations and national treatment.

Furthermore, it makes mention of the Free Trade Area of the Americas as well as other Western Hemisphere Free Trade Agreements. It investigates subjects like standards, technical obstacles in trading, laws on marking and labeling alongside NAFTA Certificate of Origin.

As it progresses further, it offers a concise summary of the European Union and several other regional trading blocs. This includes an explanation for varying levels of economic integration which include free trade areas, customs unions, common markets among others. Also emphasized is their adherence to both World Trade Organization (WTO) and General Agreement on Tariffs and Trade (GATT).

Lastly discussed briefly is service trading under European Union's jurisdiction.

Financial Services 476

Transportation 476 Telecommunications 479 476 History 504 Structure of the European Union 507 Harmonization: Directives and Regulations 512 The Business Implications of the European Union 518 504 Cross-Border Investment NAFTA’s Investment Provisions 480 Other Regional Trade Areas Intellectual Property Rights 483 Environmental Cooperation and Enforcement 484 Labor Cooperation and Worker Rights 485 Antitrust and Competition Policy 485 Rights to Temporary Entry 485 Administration and Dispute Settlement NAFTA Fair Trade Commission 486

This text explores a wide range of trade areas and institutions, including MERCOSUR, the DR-Central American Free Trade Zone, the Andean Community of Nations, the Central American Common Market, African Trading Regions, the Asia-Pacific Economic Cooperation Group, CARICOM (Caribbean Community), ASEAN, Commonwealth of Independent States Free Trade Zone, Gulf Cooperation Council and Greater Arab Free Trade Zone. It also delves into aspects of production sharing and manufacturing facilities such as Mexican Maquiladoras. Additionally,it examines regulations that manage assembly plant tariffs and issues facing the Mexican Maquila industry. Lastly it references laws pertinent to global trading environments.

The text discusses the regulations and legal aspects associated with international marketing. Specifically, it focuses on sales representatives, advertising practices, and ethical considerations. It emphasizes the importance of establishing and regulating relationships with representatives and outlines the rights and conditions for their use. The text also addresses competitive circumstances, confidentiality, and improvements in marketing strategies.
Furthermore, it discusses the international protection provided for patents, trademarks, and other forms of intellectual property. It mentions the Paris Convention as a means of ensuring such protection. Additionally, it provides information on patents, trademarks, domain names, copyrights, and the TRIPS agreement.
The text also covers the topic of supersession of agreements with

representatives and delves into tax and labor regulations as well as the liability of principals. It highlights the distinction between dependent and independent relationships in this context.
Finally, it mentions the Doha Declaration on TRIPS and public health as an important declaration in this field.

The text discusses various topics related to regulation and advertising abroad, including truth in advertising, content-specific regulations, marketing considerations, geographical indications, the Doha Development Agenda, TRIPS turmoil on biodiversity, the Foreign Corrupt Practices Act (FCPA), origins of the FCPA and other anti-bribery laws, the structure of the FCPA, the Department of Justice review process, FCPA enforcement actions, foreign enforcement actions, international refusal to enforce contracts induced by bribery, and prudent behavior for U.S. businesspersons. The text also includes various and their contents.The following text explores a variety of subjects pertaining to intellectual property rights (IPR) and regulations in the host-country, formatted in a justified style.

This includes topics such as Nonenforcement of IPR Laws 571, The Mechanisms of IPR Transfer Regulations 575, Prior-Approval Protocols 575, Notification-Registration Frameworks 576, and The Gray Market's Nature and Problem Resolution 577, all falling under chapter seventeen which is dedicated to LICENSING AGREEMENTS AND THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 558. This section delves into justifications for Intellectual Property Transfer Agreements 558 and the specifics regarding Intellectual Property Rights' Transfer Arrangements 559. It also touches on Franchising as an aspect of Licensing outside technological contexts at point number 579. CHAPTER EIGHTEE