GITL201 Individual Assignment 2024 PDF

GLOBALIZATION AND INTERNATIONAL TRADE LAW/ GITL201/ INDIVIDUAL ASSIGNMENT/ 2024 FACULTY OF MANAGEMENT SCIENCES DEPARTMENT OF APPLIED LAW GLOBALIZATION AND INTERNATIONAL TRADE LAW G...

GLOBALIZATION AND INTERNATIONAL TRADE LAW/ GITL201/ INDIVIDUAL ASSIGNMENT/ 2024 FACULTY OF MANAGEMENT SCIENCES DEPARTMENT OF APPLIED LAW GLOBALIZATION AND INTERNATIONAL TRADE LAW GITL201 DATE: 09 October 2024 (during GITL201 tutorial period) WEIGHT: 30% EXAMINER: MR A MPAMBANE MODERATOR: MISS S NAIDOO 1 GLOBALIZATION AND INTERNATIONAL TRADE LAW/ GITL201/ INDIVIDUAL ASSIGNMENT/ 2024 QUESTION 1 Consider the scenario below and proceed to answer questions that follow. Zinhle’s journey from a student to an international businessperson. Zinhle Buthelezi is a student at Durban University of Technology. It is Sunday evening and Zinhle prepares for classes the following day. She has supper and heads to sleep. The bed she sleeps in was produced and imported from the United States of America (USA). She wakes up to an alarm on her iPhone which belongs to a USA company but is assembled in China. she wakes up and makes coffee using a SMEG kettle produced and imported from Italy. She takes a taxi, the Toyota HIACE locally just referred to as the Quantum, which is assembled in south of Durban in South Africa with a mother company in Japan. Zinhle goes through a similar process every year and graduates with her Diploma in Management Sciences: Business law. After graduating, she decides to follow her passion for business to open a restaurant and spa and it is called Zinhle’s Dine and Therapy. Her business idea is quite excellent as she uses minerals in her spa which are only found in Isinuka in Port St Johns from and underground gas leak. Preliminary research showed that its therapeutic properties are unique and effective. The restaurant side of the business specializes in local cuisine. The combination of these make up a best business decisions as the business experiences exponential growth. She also produces cosmetic products for her spa and sells the rest. Her cosmetic products have attracted demand from tourists from around the world. Preliminary research in her past experience with tourists reveals that there is interest in her products. She finds a buyer in China who wishes to buy in bulk in the ranges of about R1,5 million for the first consignment. An agreement is reached and Zinhle’s company produces the required quantities and ships them. When payment is made, she finds that there is R1.3 million as the purchase price. She discovers this at her bank in Durban. She wishes to sue for breach of contract. She realizes that there are several factors about internationalizing her business to which less priority was afforded by herself. She seeks to understand these factors and since she knows you studies Globalization and International trade law, she trusts that you will know the important matters. 2 GLOBALIZATION AND INTERNATIONAL TRADE LAW/ GITL201/ INDIVIDUAL ASSIGNMENT/ 2024 1. Advise Zinhle on the following: 1.1. Advise Zinhle on the importance of understanding Globalization and International Trade Law for the purposes of her business venture. (5) 1.2. Define for her the contract she concluded with a buyer in China for R1.5 million. Also, how would, if at all, that contract differ if the buyer were in Robben Island? (6) 1.3. Answer the following: a. Define the law that applies between general state relations between South Africa and China. (3) b. Differentiate the law defined at (a) above with the law applicable if Robben Island pursues its independence as a sovereign state. (3) c. Further, differentiate the laws already determined at (a) and (b) above with the law applicable if South Africa and China decide to enter a bilateral treaty in terms of which there is totally free trade between them. (3) d. What are the requirements to be present for Robben Island to be a state under the law. (3) e. Name the domestic law relevant and most affected if the independence is successful. (1) 1.4. How would the bilateral free trade treaty affect Zinhle and her business, and both countries? Mention both positive and negative impacts. (10) 1.5. Assume that Zinhle sues for breach of contract. The circumstances of her contract are such that no choice of law clause exists. a. Where was the contract breached between South Africa and China? (3) b. How will a court determine applicable law to the contract? Explain fully. (5) 3 GLOBALIZATION AND INTERNATIONAL TRADE LAW/ GITL201/ INDIVIDUAL ASSIGNMENT/ 2024 1.6. Assume that both South Africa and China are member states of the World Trade Organization (WTO). a. What trade barriers are preferred under the WTO and what is the threshold of that trade barrier? (5) b. Is your answer at (a) above the same if China recalls its membership? (3) [50 MARKS] _____________________________________END____________________________________ 4