FINAL EXAMINATION

Big Assignment
Code 01 - INS3022 (Official Code)

Lecturer’s Signature & full

name
Program: VNU
Course Code: INS3022
Course Title: International Business Law
Level: ……………………………………………………. Ha Tu Cau
Time allowed: 3 days Date: …26 April 2024
Due date: …07 June 2024
Department’s Signature &
Time: …………………… full name

Date: …………………………

INSTRUCTIONS

1. The Assignment will be released on MsTEAMs 03 (three days) before the due date
(exam date)
2. Students should submit their works in hard copy at school on the exam day and in PDF
file or image file (typewriting or handwriting are acceptable) on MsTEAMs. The
content of these two copies must be identical.
3. Students should name the submitting file on MSTEAMs as follow:
[student’s name]_[student’s id]_[class code].
Example: Nguyen Van An_12345678_INS3022
4. If typewriting, works should use font Times New Roman, size 12, line spacing 1.3; and
should not exceed 4 pages long.
5. Copying work of other students is strictly prohibited. Works violating this rule will not
be marked (applied to both copying and copied works).

This exam paper contains 4 pages, including the cover page.

 ASSIGNMENT

PART 1. Case study questions (30 points)

Choose 1 case to analysis and answer the questions
Case 1:
Country A bans the import of mackerel and mackerel-related products from country B. Country
A states that this measure is totally compliance to GATT Article XX(g) as quoted below.
From the above situation:
1. Which agency will deal with this dispute? Why?
2. Discuss WTO principle which is applicable to the situation
3. Choose country A or country B and try to protect its interest based on GATT
provisions.

GATT Article XX: General Exceptions

Subject to the requirement that such measures are not applied in a manner which
would constitute a means of arbitrary or unjustifiable discrimination between countries
where the same conditions prevail, or a disguised restriction on international trade, nothing
in this Agreement shall be construed to prevent the adoption or enforcement by any
contracting party of measures:

(g) relating to the conservation of exhaustible natural resources if such measures are made
effective in conjunction with restrictions on domestic production or consumption;

Case 2:
In August 2020, Walter Company (place of business in Paris, France) signed a contract to buy
Christmas trees and costumes from VietDecor Company (place of business in Hanoi, Vietnam).
The contract is silent on the choice of governing law. According to the contract, VietDecor
shall deliver 500 Christmas trees (at price of 100 US dollars per tree) and 1000 costumes (at
price of 50 US dollars per costume) to Walter at least two weeks before the Christmas Eve on
24 December 2020. VietDecor then failed to deliver the goods at the agreed date. To meet the
market demand, which was increasing close to the holiday, Walter had no other option but to
order Christmas trees and costumes from another supplier at prices of 150 and 75 US dollars
per item respectively. The goods ordered from VietDecor did not arrive until 26 December
2020.
Walter then refused to pay for the goods delivered, requested the cancellation of the contract
and compensation for late delivery from VietDecor. VietDecor Company filed a lawsuit to
request Walter to pay for the goods.
From the above situation:
 1. Which law shall govern the contract between Walter and VietDecor? Why and specify?
2. Could Walter avoid the contract and ask for damages in this case? Which legal basis
Walter can base on?

PART 2. Choose then discuss in details and in your own English, i.e. DO NOT COPY from
the textbook, any 3 of the following topics. Note: any topic having the appearance of being
copied from the textbook will be graded zero. (45 points)

1. In your opinion, what is an essential role of the WTO?

2. WTO principles of nondiscrimination: Unconditional Most-Favored-Nation (MFN),
and National Treatment.
3. Remedies for breach of contract by the seller under the CISG 1980.
4. Advantages of Arbitration and Mediation vs. Litigation in resolving international
commercial disputes.
5. Discuss safeguard measures under GATT/WTO agreements.
6. Discuss challenges/risks of international business

PART 3: Choose the correct answer for each question and write it down in your paper.
Explanation is not required. E.g. 0. A (25 points)

1. What is “goods” in context of the international sale of goods?

A. Tangible things
B. Intellectual property
C. Real property
D. All of the above
2. Most Bilateral Investment Treaties usually
A. Set up conditions for foreign investment from another country invested in a host
country.
B. Grant certain guarantees by a host country for foreign investors from another
country.
C. both a and b.
3. Conditions for antidumping application duties are
A. Material injury
B. Like product
C. Investigation
D. All the above answers are correct
4. The difference between subsidy and dumping is ….
A. Only dumping is an unfair trade practice
B. Only dumping causes an artificially low price for products
 C. Only in the case of dumping the injured country might apply remedies
D. All the above answers are incorrect
5. Assume that state A, state B, and state C are WTO members. Government of state
A imposed a 50% ad valorem tariff on imported bicycles from state B while collecting
30% ad valorem tariff on like bicycles imported from state C. If no exception under WTO
law is available, this measure by state A is a violation of __________.
A. Transparency principle
B. National treatment principle
C. Market access principle
D. MFN treatment principle
6. Dumping is…….:
A. The selling of products with poorer quality than standards in the importing country
B. The selling of products with lower prices than ‘”like” products in the origin country
C. The selling of products with a higher price than ‘like’ products in exporting country
D. All the above answers are incorrect
7. What is the meaning of the principle of MFN (most favored nation)?
A. Nationals of members are treated equally
B. Domestic nationals and nationals of members are treated equally
C. Companies in public and private sectors are treated equally
D. Reduction of some tariffs
8. When does an offer become effective under the CISG 1980?
A. The offeror dispatches the offer
B. The offer reaches the offeree
C. The offeree dispatches the acceptance
D. The acceptance reaches the offeror
9. Mr. A is not the representative person of company X. He still signs a contract on
behalf of the company. This contract is ….
A. Valid
B. Invalid due to the lack of agreement
C. Invalid due to not being able to be enforced
D. Invalid due to non-competence of parties.
10. A company in VN imported 100 cars from auction sales in the US, both countries
are member of CISG the choice of law is that of the US. Which law applies?
A. VN laws
B. US laws
C. CISG

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