International Trade and Agreements Quiz

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Questions and Answers

What happens to agreements that are prohibited due to restriction, prevention, or distortion?

They are automatically void. (correct)

They are subject to legal interpretation.

They can be enforced after a court ruling.

They are only void if brought before the EU court.

Under which condition can a contract valid under Swiss law hold legal force before the EU court?

If it is ratified by the EU council.

If it does not breach EU regulations.

If both parties belong to the EU.

It cannot have legal force in any case. (correct)

What is a major implication of undertaking agreements that violate anti-trust regulations?

They are null and void, with no claims allowed. (correct)

They can lead to government subsidies.

They become enforceable in international courts.

They can result in criminal charges against individuals.

Why might EU undertakings enter agreements subject to Swiss law despite potential violations?

There was historically no prohibition concerning anti-trust law in Switzerland. Signup and view all the answers

What does art. 101 refer to in the context of agreements?

A specific anti-trust regulation prohibiting certain agreements. Signup and view all the answers

What was the purpose of establishing the WTO in 1995?

To provide an institutional framework for applying GATTs. Signup and view all the answers

Which of the following best describes the WTO's ability to settle disputes?

It has its own dispute settlement procedures. Signup and view all the answers

How does the legal framework of the WTO prevent discrimination?

By being created solely from international treaties. Signup and view all the answers

Which of the following is NOT a characteristic of the WTO?

It is a sovereign entity. Signup and view all the answers

What significant issue arose during Trump’s administration relevant to the WTO?

Increases in tariffs imposed by member states. Signup and view all the answers

What key development was necessitated by the GATT's establishment in 1947?

The creation of an institutional body to oversee its application. Signup and view all the answers

What is a crucial distinction between the WTO and the European Union?

The WTO is an international organization and not a state. Signup and view all the answers

What was the outcome of the international agreements reached by the Euro Rome I?

The establishment of the WTO to facilitate international trade. Signup and view all the answers

What is the primary aim of the 1993 Regulation?

To ensure compliance with the rules of professional conduct. Signup and view all the answers

What concern does the Bar of the Netherlands express regarding lawyers' independence?

Lawyers might not represent clients independently if affiliated with certain organizations. Signup and view all the answers

Which activity is highlighted as potentially conflicting with a lawyer's advisory role?

Serving as a statutory auditor. Signup and view all the answers

What is a potential outcome of lawyers working together in organizations according to the Bar association?

Conflict of interests. Signup and view all the answers

What aspect of the legal profession does the 1993 Regulation aim to protect?

The proper practice of the legal profession. Signup and view all the answers

What does the Bar of the Netherlands believe about concurrent activities of lawyers?

They complicate the practice of law. Signup and view all the answers

Why is the independence of lawyers considered essential by the Bar of the Netherlands?

To uphold the integrity of legal advice. Signup and view all the answers

What fundamental principle is associated with the legal profession, according to the 1993 Regulation?

Strict adherence to client confidentiality. Signup and view all the answers

What is one of the exceptions to non-discrimination stated in Article 101?

National security Signup and view all the answers

Which article relates to agriculture as an exception to Article 101?

Article 42 Signup and view all the answers

What significant issue arose in the early 90s with a large American corporation?

A conflict of interest between accountants and lawyers Signup and view all the answers

In Case 309/99 from the Netherlands, what restriction did the bar association impose?

Lawyers and accountants could not provide services in the same corporation Signup and view all the answers

Which article covers providers delivering services of general economic interest as an exception?

Article 106.2 Signup and view all the answers

Why is the situation from the early 90s considered relevant to the economic activity exceptions?

It highlighted conflicts between legal and accounting obligations. Signup and view all the answers

What general principle does Article 101 TFEU aim to uphold?

Non-discrimination in economic activity Signup and view all the answers

What was the outcome of the policy established by the bar association regarding service provision?

Restricting trade among member states Signup and view all the answers

What was the primary legal argument presented by Dassonvile regarding the Belgian national rule?

It was a violation of the Lisbon Treaty (art. 34). Signup and view all the answers

According to the court's decision, how are Member States' trading rules viewed in relation to intra-Community trade?

They can be considered measures equivalent to quantitative restrictions. Signup and view all the answers

What must Member States ensure when they take measures to prevent unfair practices related to product designation of origin?

The means of proof should not hinder trade excessively. Signup and view all the answers

What is required for a product with a denomination of origin to enter the Belgian market?

A certificate of state of origin. Signup and view all the answers

What condition does the court impose on Member States concerning the authenticity of product designations?

It allows Member States to act only if they follow reasonable means. Signup and view all the answers

What did paragraph 5 establish regarding trading rules enacted by Member States?

They could potentially hinder trade and are equivalent to restrictions. Signup and view all the answers

In the absence of a harmonizing EU instrument, what can a Member State decide regarding product authenticity?

A Member State can establish measures but must ensure they are not burdensome. Signup and view all the answers

What was a significant factor considered by the court in assessing the measures taken by Member States?

The accessibility of the means of proof required. Signup and view all the answers

What is considered exclusionary abuse in market competition?

Establishing hard conditions for suppliers to prevent a competitor's success Signup and view all the answers

What is the primary focus of the Paris Convention regarding unfair competition?

To ensure effective protection against unfair competition practices Signup and view all the answers

According to the Paris Convention, what constitutes an act of unfair competition?

Acts creating confusion with a competitor's goods or services Signup and view all the answers

What aspect of unfair competition is emphasized by the directive on unfair competition practices?

Harmonization of laws across nations Signup and view all the answers

In what year was the Paris Convention, a significant document in unfair competition law, established?

1883 Signup and view all the answers

Why is the European Commission not very concerned with exclusionary abuses?

They lack sufficient procedures for assessment. Signup and view all the answers

What is a potential consequence of a supermarket establishing difficult conditions for suppliers?

Preventing another supermarket from thriving Signup and view all the answers

Which of the following is NOT specifically prohibited under the unfair competition directives?

Using pricing strategies that undermine competitors Signup and view all the answers

Study Notes

International Commercial Law

International commercial law governs relationships that extend beyond national borders.
The traditional approach relied on tariffs, with exporting countries paying fees to importing countries.
The post-World War II era saw the rise of international agreements like the GATT and later the WTO, promoting free trade and reducing tariffs.
Free trade areas, like NAFTA and the EU, emerged, aiming to reduce or eliminate tariffs amongst member nations. These entities often have intra-trade tariffs.
Non-tariff barriers, such as quality standards, can also hinder international trade.
The WTO enforces international trade agreements.
International courts handle disputes between nation-states and transnational corporations.
International investment arbitration, tribunals, and treaties address disputes related to foreign investments, potentially involving national immunities.
Transnational corporations operate in multiple countries, raising issues of national sovereignty and legal jurisdiction.
The WTO, with its dispute settlement mechanisms, provides a framework for rules-based resolution.
Key principles of the WTO include the most-favored-nation principle and national treatment.

Institutions of International Character

The WTO is a significant institution managing international trade.
The WTO's dispute resolution system has procedures to handle breaches of international treaties.
The WTO's dispute system is treaty based and there is no way an individual can invoke these treaties at court.
The WTO is not a state, but an organization with no sovereignty.
The WTO enforces international trade agreements.
The WTO aims to reduce or eliminate tariffs and other trade barriers.
The WTO is a product of several international treaties focused on unifying different areas covered in the agreement (e.g.: from telecommunications to trade in agricultural products).

International Commerce and the Codification of International Commercial Law

International organizations, particularly UNCITRAL (United Nations Commission on International Trade Law), provide codified international commercial law.
UNCITRAL works to create and harmonize international commercial law through conventions, model laws, and other instruments.
The NY Convention on the recognition and enforcement of international arbitral awards is a key UNCITRAL achievement.
The Vienna Convention on Contracts for the International Sale of Goods (CISG) is the most widely used international sales law.

Regulation of International Free Competition

The EU has three freedoms: movement of goods, services, capital, and people.
The cornerstone of EU Competition law is art.34 TFEU which aims to eliminate and distort the effective operation of the internal market.
EU regulations aim to protect consumers and promote fair competition.
The "Keck" and "Cassis de Dijon" cases establish important criteria regarding how national measures affect competition.
Cases involving Sunday trading restrictions or quality standards offer examples of national laws that affect competition.

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Description

Test your knowledge on international trade agreements, focusing on EU competition law, Swiss legal provisions, and the WTO's role in dispute resolution. This quiz covers key concepts and implications of agreements, challenges within the WTO, and historic developments in trade regulation.