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U.S. & International LawU.S. & International Law
Unilateralism – Section 301, FCPA
Bilateralism – Country to Country, tax
Regionalism – NAFTA, EU, APEC
Multilateralism – UN, NATO, WTO
Extraterritoriality - U.S. LawsExtraterritoriality - U.S. Laws
Extension of political interests
Boycotts
Protection: consumers, investors, exporters
Focus on anti-competitive practices abroadForeign blocking laws
Extension of U.S. Trade LawsExtension of U.S. Trade Laws Why? force open foreign markets protect domestic firms from low-
priced imports How? Section 301 to lower trade barriers Countervailing Duty Law to end
export subsidies U.S. Antidumping laws to hinder
home country price fixing
Extension of U.S. Trade LawsExtension of U.S. Trade Laws
Results?
Some markets opened
Retaliatory antidumping laws
U.S. Antidumping LawU.S. Antidumping Law
Prohibits
predatory pricing of imports pricing of imports which is “unfair” or not at “normal
value”:- lower than cost- lower than price at home- lower than normal profit
Goal: keep imports from being price competitive
U.S. Antidumping LawU.S. Antidumping Law
Impact: U.S. consumers hurt, producers helped a little Non-accused imports increase Countries establish their own laws
Intellectual Property RightsIntellectual Property Rights
Copyright
Berne Convention: copyright protection
Uniform Copyright Convention: use of © to gain worldwide protection
Intellectual Property RightsIntellectual Property Rights
Patents
Patent Cooperation Treaty: single international patent application
Paris Convention: patent protection
Intellectual Property RightsIntellectual Property Rights Issues
U.S. first-to-invent vs. world first-to-file system
WTO TRIPS accord - national treatment
- 50 year copyrights- trademark protection for well known marks- 20 year patent protection- trade secret protection
International LawInternational Law Employment ModelsEmployment Models
Employment at Will Indefinite Employment
• Common in U.S.• Common in EU, Japan, other
countries
NB US employment laws are primarily determined by each state
International LawInternational Law Employment ModelsEmployment Models
• Economic, arm’s length • Economic and social relationship between relationship, focus employer and employee on long-term
• Quit and fire at will • Hard to fire easily • No severance pay • Often large severance
required • Individual contracts or • Worker agreements
union agreements common common
International Dispute ResolutionInternational Dispute Resolution Between countries • Negotiation
• Obey treaties and conventions• Use force
Trade disputes • WTO dispute panel
• Explosion of complaints
International Dispute ResolutionInternational Dispute Resolution
Private party disputes litigation-forum shopping, choice of law
clause
mediation/conciliation
Arbitration( binding or not)