International Business Law and Its Environment » (7th Edition)

Richard Schaffer is a Professor Emeritus of Business Law in the Department of Finance of the Walker College of Business at Appalachian State University. He taught for twenty-five years in the areas of business law, international business transactions, and the law of international trade and investment, and founded the university's international business and business study abroad programs. Prior to academia, Professor Schaffer worked with the United Nations examining the relationship between corrupt practices, multinational corporations, and socio-economic development, and also served as rapporteur of UN working groups on international economic crime. He has consulted to business schools and industry trade groups, as well as businesses. Professor Schaffer received his J.D. from the University of Mississippi and his LL.M. from New York University.

Filiberto Agusti is a partner in the international law firm of Steptoe & Johnson, LLP, where he has practiced law since 1978. He represents governments, multinational corporations, manufacturers, and investors in international arbitrations, lawsuits between multinational enterprises, and transactional negotiations. His work involves disputes and negotiations over international infrastructure, power generation facilities, cross-border corporate acquisitions, international joint ventures, and bankruptcy reorganizations. Mr. Agusti has authored articles for the Harvard Law Review and other legal publications, is a frequent speaker at professional seminars around the world, and regularly comments on legal issues on camera for Univisión, Telemundo, and CNN en Español. Mr. Agusti was a law clerk to the U.S. Court of Appeals for the Second Circuit, and received his law degree from Harvard Law School, where he was a senior editor of the Harvard Law Review.

Lucien Dhooge is the Sue and John Staton Professor of Law at the College of Management at the Georgia Institute of Technology where he teaches international business law and ethics, and serves as director of the global executive M.B.A. program and area coordinator in law and ethics. Prior to his tenure with the Georgia Institute of Technology, Professor Dhooge practiced law for eleven years and served on the faculty of the University of the Pacific in California for twelve. He has authored more than fifty scholarly articles, co-authored five books, and is a past editor-in-chief of the American Business Law Journal and Journal of Legal Studies Education. Professor Dhooge has presented throughout the United States, as well as in Asia, Europe, and South America, and has received numerous research and teaching awards, including six Ralph C. Hoeber Awards for excellence in published research. After completing an undergraduate degree in history at the University of Colorado, Professor Dhooge earned his J.D. from the University of Denver College of Law and his LL.M. from the Georgetown University Law Center.

Beverley Earle is a Professor in the Law, Taxation and Financial Planning Department at Bentley College and the McCallum Graduate School of Business where she has been on the faculty since 1983. She teaches international business law at the undergraduate and graduate level as well as the legal environment of business and law and society. She graduated with a B.A. from the University of Pennsylvania and a J.D. from Boston University and was admitted to the practice of law in Massachusetts. Professor Earle has received numerous awards including: Academy of Legal Studies in Business Holmes Cardozo award (2006), ALSB Distinguished Proceedings paper (2007), Charles Hewitt Master Teacher Finalist (2006), ALSB/Indiana University Center for International Business Education and Research Case Competition (1999), Bentley Scholar of the Year (2001), Bentley Innovation in Teaching Award and the Bentley Outstanding Scholarly Contribution Award (2007). She has presented papers at numerous conferences including the Cornell Law School Symposium and her articles have appeared in law reviews published by Cornell, Northwestern and University of California at Berkeley to mention a few. She taught at Yunnan University in Kunming, China in 1990 and in Strasbourg, France in 1992. She lived in Paris on sabbatical in 1993-1994 and will travel to India on her 2007 sabbatical. She is past president of the International Section of the Academy of Legal Studies in Business. She was appointed to the Massachusetts Board of Bar Overseers, Hearing Committee on Attorney Discipline (2006-2009).

In this text for courses in international business law, international business transactions, and the law of international trade and investment, Schaffer (business, Appalachian State University) emphasizes both private and public law, and treats general principles of the law of nations and the work of various intergovernmental organizations such as the WTO and the UN. Foreign laws and case decisions are presented for comparison purposes, to illustrate differences in legal and economic systems, and to offer examples of doing business in other countries. This sixth edition covers major legal and political developments that followed 9/11, and analyzes the latest developments in trade negotiations, the European Community, intellectual property, and global environmental protection. Annotation ©2004 Book News, Inc., Portland, OR

Booknews

Emphasizing both public and private law, this textbook is designed for courses in international business law, international business transactions, or the law of international trade and investment. Schaffer (business law, Appalachian State U.) and two co-authors discuss international and US trade law, international commercial transactions, and the regulation of the international marketplace. A sampling of topics includes the resolution of international disputes, liability of air and sea carriers, sales contracts, the WTO, NAFTA, GATT, the European Union, labor law, environmental law, and intellectual property rights. The volume does not contain bibliographical references. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Table of Cases

Table of Treaties

Table of Statutes

Pt. 1 The Legal Environment of International Business 2

Ch. 1 Introduction to International Business 4

Ch. 2 International Law and the World's Legal Systems 47

Ch. 3 Resolving International Commercial Disputes 85

Pt. 2 International Sales, Credits, and the Commercial Transaction 114

Ch. 4 Sales Contracts and Excuses for Nonperformance 116

Ch. 5 The Documentary Sale and Terms of Trade 161

Ch. 6 The Carriage of Goods and the Liability of Air and Sea Carriers 191

Ch. 7 Bank Collections, Trade Finance, and Letters of Credit 227

Pt. 3 International and U.S. Trade Law 258

Ch. 8 National Lawmaking Powers and the Regulation of U.S. Trade 260

Ch. 9 GATT Law and the World Trade Organization: Basic Principles 288

Ch. 10 Laws Governing Access to Foreign Markets 321

Ch. 11 Regulating Import Competition and Unfair Trade 356

Ch. 12 Imports, Customs, and Tariff Law 384

Ch. 13 The Regulation of Exports 431

Ch. 14 North American Free Trade Law 463

Ch. 15 The European Union and Other Regional Trade Areas 499

Pt. 4 Regulation of the International Marketplace 530

Ch. 16 International Marketing Law: Sales Representatives, Advertising, and Ethical Issues 532

Ch. 17 Licensing Agreements and the Protection of Intellectual Property Rights 558

Ch. 18 Host-Country Regulation: Corporate Law, Taxation, and Currency Risk 584

Ch. 19 Nationalization, Expropriation, and Privatization 606

Ch. 20 Labor and Employment Discrimination Law 637

Ch. 21 Environmental Law 662

Ch. 22 Regulating the Competitive Environment 690

Appendices

A United Nations Convention on Contracts for the International Sale ofGoods

B The General Agreement on Tariffs and Trade

C Multilateral Agreements on Trade in Goods (Selected Provisions)

D General Agreement on Trade in Services (Selected Provisions)

E Agreement on Trade-Related Aspects of Intellectual Property Rights

F North American Free Trade Agreement

Index