International Business Transactions: A Problem-Oriented Coursebook

Ralph H. Folsom, University of San Diego School of Law

Michael P. Van Alstine, University of Maryland School of Law

Michael D. Ramsey, University of San Diego School of Law

Matthew P. Schaefer, University of Nebraska College of Law

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Table of Contents

Folsom, Van Alstine, Ramsey, and Schaefer's Documents Supplement for International Business Transactions, A Problem-Oriented Coursebook, 14th

Teacher's Manual

Overhead ADs, CVDs, and Safeguard Measures

Problem 2.0 IBT Transaction

Problem 2.1 Part A: Domestic Law Applied to Universal and Euro

Problem 2.1 Part A: UCC Section 2-207

Problem 2.1 Part B: CISG Article 19

Problem 2.1 Part B: Core Principles of the CISG

Problem 2.1 Part B: Sphere of Application of CISG

Problem 2.2 Part A: Analysis of Sam's Obligation to Bindal and Howard

Problem 2.2 Part A: FOB vs. CIF Chart

Problem 2.3 Documentary Sale Transaction without a LC

Problem 2.3 Transaction Overview

Problem 2.4 Arrangement of Parties

Problem 2.4 Common Elements

Problem 3.0 Basic Trade Finance Arrangements

Problem 3.1 Back to Back LC

Problem 3.1 Basic Transaction

Problem 3.2 Locus of the Fraud: Comparing Approaches

Problem 3.2 Mid-America Tire Case

Problem 3.3 3M vs. HSBC

Problem 3.3 Requirements for Injunction under 5-109(b)

Problem 3.3 Standby Letter of Credit

Problem 3.3 The Transaction: SpaceCom and Israel

Problem 4.0 Overview of WTO System

Problem 5.3 Analysis of Questionable Payments

Problem 5.3 Definition of Knowing

Problem 5.3 Elements of FCPA Crimes

Problem 5.3 Summary of Questionable Payments

Problem 7.1 Branch vs. Subsidiary

Problem 7.1 Corporate Forms

Problem 7.1 EU Merger Control Regulation: Overview

Problem 7.3 The Structure of Project Financing

Problem 7.4 An Illustration of Transfer Pricing

Problem 7.4 Currency Controls

Problem 8.1 Personal Jurisdiction in International Business

Problem 8.2 Enforcement of Choice of Law Clauses

Problem 8.2 FRCP and Service of Process Abroad

Problem 8.3 Presumption against Extraterritoriality

Problem 8.3 Subpoenaing Evidence Abroad

Problem 8.4 Uniform Foreign Judgment Enforcement Act

Problem 8.6 NY Convention: Exceptions to Recognition

UCC Section 5-109(a) and (b)

The book has been substantially updated to cover wide-ranging recent developments in international business and trade law. In particular, it addresses the continuing controversies over contract formation (especially regarding the “battle of the forms”) in international business transactions, covers the recent comprehensive revisions of the International Chamber of Commerce’s influential Incoterms, and adds a problem on the burgeoning field of digital trade as well as on related issues of data privacy. Additionally, the problems on trade law are updated to reflect developments associated with the Biden administration, including continued imposition of additional tariffs on imports from China, new customs laws related to companies’ efforts to avoid China origin for imports, ongoing disfunction within the WTO dispute settlement system, USMCA implementation, bilateral and regional trade negotiations that do not include traditional market-access (tariff-cutting) provisions, and more stringent Buy American policies. It also contains a new problem on trade remedies, taking account of the reinvigoration of additional trade remedy laws beyond countervailing duties and anti-dumping duties during the past two Administrations. The exports chapter is updated to account for new export controls responding to concerns over China’s high-technology policies and new developments regarding the Cuba embargo and the Boycott, Divestment, Sanctions (BDS) movement fostered by the UN Human Rights Council. The technology chapter has added new material on drafting franchise agreements and franchising in Canada, the complexities of blocking the import of patent infringing products, and the intricacies of possible compulsory licensing of pharmaceuticals and COVID vaccines to address health crises in developing countries under the WTO system. For foreign investment, the new edition adds an updated treatment of currency risk, additional material on investment protection under regional free trade agreements, an introduction to the new Development Finance Corporation (DFC), and new cases and developments in human rights litigation.

Learn more about this series.