International Business Law-midterm 1 – Flashcards
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What three categories is international business classified into?
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trade licensing of intellectual property foreign direct investment
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Trade
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the import or export of goods and services across national borders
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Trade in Services
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refers to the providing of services to a customer or the operation of service companies in a foreign country
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Exporting
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shipping goods or rendering services to a foreign buyer in a foreign country
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What does exporting offer businesses looking to go abroad?
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allows for exploration before venturing further, only a modest of capital investment, risks are manageable
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Direct Exporting
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type of exporter assuming the responsibility for most of the export functions including marketing, shipping, licensing
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Foreign Sales Representatives
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independent sales agents who solicit orders on behalf of their principals and receive compensation on a commission basis
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Foreign Distributors
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Independent firms, usually located in the country or region to which a firm is exporting, that purchase and take delivery of goods for resale to their customers
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Indirect Exporting
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the use of intermediary that can take on many of the export functions
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International trading companies
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firms that specialize in all aspects of import/export transactions by either buying goods on their own accounts for resale or by acting as a middlemen to bring other buyers and sellers together
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Export Trading Company Act
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gave US trading co the ability to waive the application for US anti trust laws to their export activities only if they can prove that their actions will not harm competition in the US or unreasonably affect domestic prices of the exported prodcuts
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Export Management Companies
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independent firms that assume export related duties for manufacturers, producers, or other exporters
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What does it take for a small business to be a successful exporter?
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- a firm failing at home will not be able to bear the costs of going abroad -success/failure is often due to the commitment made to international business at an executive level -requires the company to adapt to new social, cultural, political, and economic environment
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License
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asset that can be transferred by the owner or holder to the licensee through a grant of rights in that property
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Licensing Agreements
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contracts by which the holder will grant certain rights in that property to another party under specified conditions and for a specified time, in return for considerations, such as a fee or royalty
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World Intellectual Property Organization
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fosters government cooperation in developing IP policies and registration in some IP areas
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Infringement
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violation of IP rights of another, often occurs in the unauthorized use, distribution, or appropriation of those rights
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International Franchising
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business arrangement that uses an agreement to license, control, and protect the se of the franchisor's patents, trademarks, copyrights, or business know how in return for royalties, fees, or commissions
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Foreign Branch
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business presence by the investor in the host country, branch or entire network of operational facilities
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Foreign Subsidiary
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"foreign" company organized under the laws of a foreign host country, but owned and controlled by the parent corporation in the home country
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Affiliates
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several subsidiaries owned by one parent
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Joint Venture
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cooperative business arrangement between two or more companies for profit, may take the form of a partnership or corp
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Local Participation
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means that a share of the business is owned by nationals of the host country
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Foreign Direct Investment
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Ownership and active control of ongoing business concerns including investment in manufacturing, mining,
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Transnational Co.
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the corporations operations and interests "transcend" national boundaries
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Developed Country
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have a high per capita income, have a high standard of living, and are in the later stages of industrialization, advanced tech, modern production and management methods
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Developing Countries
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Lower per capita income, lower standard of living, higher foreign debt, more rapid population growth
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Payment or Credit Risk
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- the risk that the buyer will fail or refuse to pay, finding ways of assuring payment for goods being shipped to far off countries
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Supplier Risk
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the risk of being victims or fraud or receiving defective goods
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Export Controls
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a restriction on exports of goods, services, money, or technology to a country or group of countries imposed for reasons of national security or foreign policy.
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Sanctions
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are broader and more comprehensive restrictions on trade and financial transactions with countries, who sponsor international terrorism
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Tariff
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an import duty or tax imposed on goods entering the customs territory of a nation
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Non tariff barriers
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all barriers to the import of foreign goods or services other than tariffs
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Quota
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quantitative restriction on imports that limits the quantity of an item that may enter the country annually
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Exchange rate risk
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results from the fluctuations in the relative value of two currencies when one is exchanged for the other
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Currency Controls
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restrictions on foreign currency transactions used by some developing countries that do not have large reserves of foreign currency
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Repartriating Profits
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earned by the subsidiary companies within the country
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Political Risk
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is generally defined as the risk to a firm's business interests resulting from political instability or civil unrest, political change, war, or terrorism in a country in which the firm is doing business
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Nationalization
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the transfer of private sector firms to government ownership and control, usually with payment to shareholders and pursuant to a larger plan to restructure a national economy
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Expropriation
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is the taking by a government of privately owned assets, such as real estate, factories, farms, mines, or oil refineries, with the payment of compensation.
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Confiscation
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is expropriation without payment of compensation
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Freight forwarders and custom brokers
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act as the agent for the exporter or importer in arranging transportation and insurance for goods, preparing import or export documents, and moving through customs
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Treaty
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a binding agreement between two or more nations; bilateral or multilateral
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Convention
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legally binding multilateral treaty of matters of common concern
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Self Executing Treaty
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one that automatically creates rights that are enforceable in the courts of the country, without any further legislative actions
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Non self executing treaty
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one without direct effect, requires additional legislative act before it becomes enforceable in national courts
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Protocol
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modifies or adds to a treaty or convention
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Ratification
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formal expression of a nation's consent
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Signatories
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nations adopting treaty
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Reservation
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exception to treaty
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Treaties of Friendship, Commerce and Navigation
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bilateral agreements that provide protection to foreign nationals doing business in a host country
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Customary International Law
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includes those commonly accepted rules of conduct that, through a consistent and long standing practice, nations have followed out of a sense of binding obligation
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Jurisdiction
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the power of a court to act