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Questions and Answers
What key function does the WTO serve in relation to international commercial flows?
What key function does the WTO serve in relation to international commercial flows?
In what year was the WTO established?
In what year was the WTO established?
Which of the following is NOT a characteristic of the WTO?
Which of the following is NOT a characteristic of the WTO?
What is the legal nature of the framework that creates the WTO?
What is the legal nature of the framework that creates the WTO?
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Which international principle does the WTO framework uphold regarding member states?
Which international principle does the WTO framework uphold regarding member states?
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What significant aspect did the WTO incorporate from the original GATTs?
What significant aspect did the WTO incorporate from the original GATTs?
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How does the WTO relate to the European Union?
How does the WTO relate to the European Union?
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What was a notable event concerning tariffs during Trump's administration in relation to the WTO?
What was a notable event concerning tariffs during Trump's administration in relation to the WTO?
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What principle is used to establish the legality of marketing or selling arrangements?
What principle is used to establish the legality of marketing or selling arrangements?
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Under which principle would the legality of production or packaging measures be assessed?
Under which principle would the legality of production or packaging measures be assessed?
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What is the main risk of establishing a rule that forbids measures with an equality effect?
What is the main risk of establishing a rule that forbids measures with an equality effect?
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What does the Dassonville general formula help define?
What does the Dassonville general formula help define?
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What happens if a measure equivalent to a quantitative restriction cannot be defined precisely?
What happens if a measure equivalent to a quantitative restriction cannot be defined precisely?
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What does Article 34 TFEU specifically govern?
What does Article 34 TFEU specifically govern?
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In the Apple and Pears Development Council case, what was the main issue regarding the organization's funding?
In the Apple and Pears Development Council case, what was the main issue regarding the organization's funding?
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Why was the Cassis de Dijon product prevented from entering the German market?
Why was the Cassis de Dijon product prevented from entering the German market?
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What was the rationale behind the German government's regulation on minimum alcohol content?
What was the rationale behind the German government's regulation on minimum alcohol content?
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What was determined about the organization in the Apple and Pears Development Council case despite its private status?
What was determined about the organization in the Apple and Pears Development Council case despite its private status?
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The conflict in the Cassis de Dijon case was between which two entities?
The conflict in the Cassis de Dijon case was between which two entities?
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Which of the following was a consequence of Article 34 TFEU as illustrated by the cases mentioned?
Which of the following was a consequence of Article 34 TFEU as illustrated by the cases mentioned?
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What does the outcome of the cases suggest about the relationship between Member States and EU regulations?
What does the outcome of the cases suggest about the relationship between Member States and EU regulations?
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What is the primary condition under which the provisions of paragraph 1 may be declared inapplicable?
What is the primary condition under which the provisions of paragraph 1 may be declared inapplicable?
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Which of the following is NOT a negative condition for applying the exception of the general prohibition?
Which of the following is NOT a negative condition for applying the exception of the general prohibition?
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What does the rule of proportionality emphasize regarding measures taken?
What does the rule of proportionality emphasize regarding measures taken?
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Which situation makes an agreement illegal, despite positive elements being present?
Which situation makes an agreement illegal, despite positive elements being present?
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In what context does the Cartier example relate to the provisions being discussed?
In what context does the Cartier example relate to the provisions being discussed?
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Which of the following best describes 'concerted practice' as outlined in the content?
Which of the following best describes 'concerted practice' as outlined in the content?
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What role do consumers play in the assessment of agreements under the provisions?
What role do consumers play in the assessment of agreements under the provisions?
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Which of the following is a characteristic of the exemption criteria mentioned?
Which of the following is a characteristic of the exemption criteria mentioned?
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What is the key distinction between concerted practices having an anti-competitive object and those with anti-competitive effects?
What is the key distinction between concerted practices having an anti-competitive object and those with anti-competitive effects?
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Which of the following must be considered first when evaluating a concerted practice under Article 101 EC?
Which of the following must be considered first when evaluating a concerted practice under Article 101 EC?
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What is necessary for a practice to be caught by the prohibition if its terms do not reveal sufficient anti-competitive effect?
What is necessary for a practice to be caught by the prohibition if its terms do not reveal sufficient anti-competitive effect?
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When is it not necessary to consider the actual effects of a concerted practice under Article 101 EC?
When is it not necessary to consider the actual effects of a concerted practice under Article 101 EC?
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What does ECJ Case 8/08: T-Mobile illustrate about concerted practices?
What does ECJ Case 8/08: T-Mobile illustrate about concerted practices?
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What principle does GATT state regarding the treatment of goods in a national market?
What principle does GATT state regarding the treatment of goods in a national market?
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Which of the following statements is true regarding the necessity of intent behind anti-competitive actions?
Which of the following statements is true regarding the necessity of intent behind anti-competitive actions?
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What is a primary concern regarding fair competition in international commerce?
What is a primary concern regarding fair competition in international commerce?
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What is required to establish that a practice actually distorts competition?
What is required to establish that a practice actually distorts competition?
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What does the term 'concerted practice' imply in the context of competition law?
What does the term 'concerted practice' imply in the context of competition law?
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What benefit does delocalization of industrial production provide?
What benefit does delocalization of industrial production provide?
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What is a potential risk if a company chooses to produce in another country, such as Cuba?
What is a potential risk if a company chooses to produce in another country, such as Cuba?
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What has replaced diplomacy as a solution for international investment disputes in modern times?
What has replaced diplomacy as a solution for international investment disputes in modern times?
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What implication arises when investments are made in foreign countries regarding property rights?
What implication arises when investments are made in foreign countries regarding property rights?
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What role do bilateral investment treaties play in international commerce?
What role do bilateral investment treaties play in international commerce?
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How has international investment development changed market dynamics?
How has international investment development changed market dynamics?
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Flashcards
KECK
KECK
A legal principle that determines whether a national measure is allowed under EU law.
CASSIS DE DIJON
CASSIS DE DIJON
A legal principle that determines whether a national measure is allowed under EU law.
DASSONVILLE
DASSONVILLE
A general formula used to determine whether a national measure is equivalent to a quantitative restriction.
Quantitative Restriction
Quantitative Restriction
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Measure Equivalent to a Quantitative Restriction
Measure Equivalent to a Quantitative Restriction
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National Treatment Principle (GATT)
National Treatment Principle (GATT)
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Fair Competition
Fair Competition
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International Investment
International Investment
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Delocalisation of Industrial Production
Delocalisation of Industrial Production
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Bilateral Investment Treaties (BITs)
Bilateral Investment Treaties (BITs)
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Investment Arbitration Tribunals
Investment Arbitration Tribunals
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Diplomatic Solutions (International Investment Disputes)
Diplomatic Solutions (International Investment Disputes)
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International Commerce and Codification of International Commercial Law
International Commerce and Codification of International Commercial Law
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What is the WTO?
What is the WTO?
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How was the WTO formed?
How was the WTO formed?
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What is the main purpose of the WTO?
What is the main purpose of the WTO?
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How does the WTO operate?
How does the WTO operate?
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What is the dispute settlement system?
What is the dispute settlement system?
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What type of organization is the WTO?
What type of organization is the WTO?
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What is the legal basis of the WTO?
What is the legal basis of the WTO?
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Can the WTO punish countries?
Can the WTO punish countries?
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Exception to Antitrust Prohibition
Exception to Antitrust Prohibition
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Positive Condition: Contribution to Progress
Positive Condition: Contribution to Progress
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Positive Condition: Consumer Benefit
Positive Condition: Consumer Benefit
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Negative Condition: Indispensability
Negative Condition: Indispensability
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Negative Condition: Competition Preservation
Negative Condition: Competition Preservation
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Rule of Proportionality
Rule of Proportionality
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Competition Preservation: Final Result
Competition Preservation: Final Result
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License Contract
License Contract
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Concerted practice
Concerted practice
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Anti-competitive object
Anti-competitive object
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Anti-competitive effects
Anti-competitive effects
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Object or Effects
Object or Effects
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Analyzing a concerted practice
Analyzing a concerted practice
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Object trumps effects
Object trumps effects
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Appreciable restriction
Appreciable restriction
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Article 101 EC
Article 101 EC
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Article 34 TFEU
Article 34 TFEU
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Regulations, laws or acts attributable to MS
Regulations, laws or acts attributable to MS
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Apple and Pears Development Council 222/82
Apple and Pears Development Council 222/82
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Cassis de Dijon 120/78
Cassis de Dijon 120/78
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Measures having equivalent effect (MEQRs)
Measures having equivalent effect (MEQRs)
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Purpose of the minimum alcohol content regulation
Purpose of the minimum alcohol content regulation
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Cassis de Dijon: Key takeaway
Cassis de Dijon: Key takeaway
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Public Health Justification and Proportionality
Public Health Justification and Proportionality
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Study Notes
International Commercial Law Summary
- International commercial law governs business relationships that extend beyond national borders.
- Recent decades have seen an increase in international commercial disputes, leading to a greater need for standardized international regulations.
- The World Trade Organization (WTO) was created in 1994 as a system for facilitating global trade and reducing trade barriers like tariffs
- Agreements like the General Agreement on Tariffs and Trade (GATT) aim to regulate international trade and minimize tariffs.
- International organizations, such as the United Nations Commission on International Trade Law (UNCITRAL) develop regulations and codes to establish standards for legal commercial behavior between countries.
- Countries often have different legal systems, creating complexities and conflicts when dealing with foreign businesses and contractual relationships.
- International arbitration provides an alternative dispute resolution mechanism for international business disputes, separate from national court systems.
International Commercial Dispute Resolution
- International arbitration is common way to resolve disputes that cross borders.
- International arbitration is a private dispute resolution method, in which parties agree to submit their differences to an arbitral tribunal.
- An arbitration agreement is a contract specifying that any disputes will go to arbitration
- Courts have jurisdiction for recognition of international arbitration agreements
- If a party does not comply with an international award a court may enforce it.
- National courts can recognize and enforce international arbitration awards, using the rules of the UNCITRAL Model Law on International Commercial Arbitration.
International Commercial Contracts
Agreements like the Vienna Convention establish standard rules for international sale of goods.
- The Convention on the International Sale of Goods (CISG) is a widely adopted international treaty aiming to unify the laws governing international sales contracts.
- The agreement covers the formation of contracts, the obligations of the seller and buyer, and the rules applicable in the event of a dispute.
- The Convention tries to resolve disputes without the need to refer to the domestic jurisdiction of any state.
- Art. 1 describes the scope, indicating that it concerns international transactions between parties with different domiciles
- Art. 2 sets out the excluded types of contracts from its ambit, such as goods for private use or specific types of goods (crucial in international trade disputes).
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Description
This quiz explores critical aspects of the World Trade Organization (WTO), its functions, establishment, and legal framework. Test your knowledge on the characteristics of the WTO, its principles, and its relation to global trade dynamics. Perfect for those studying international trade law or policy.