...European Business Law 1! ! Introduction to international business law and elements of contract formation! ! ! ! ! Useful for :! • Business relationships depend upon legally binding agreements! • Being aware of contract traps (avoid business troubles)! Law > Contract Law > French contract Law > International Contract Law (comparative law / Unidroit principles / Vienna Convention) > Common Law ! What is a contract law?! 3 main ideas = A contract is act of Freedom / of Willingness / of Foreseeability! 2 main principles = Principle of obligatory force / of good faith! Problems when negotiating a contract :! Is the negotiator empowered?! Severability or not?! Confidentiality or Non-disclosure agreement! ! A Contract is an agreement between 2 or more parties that is binding in law! ! When does a contract come into force? => Agreement on essential terms! ! BEFORE : Elements of contract formation! ! Offer and Acceptance ! ! ! An offer accepted is a contract / A statement of willingness to contract on specified terms! • Express / implied offer! • Adressed to one particular person, a group of persons, or the world at large! • Offer and Invitation difference to treat (= advertising)! Revocation of an offer : ! • Withdrawal of the offer : An offer may be withdrawn at anytime before acceptance! • Lapse of time :! • Where a time-limit : the offer automatically falls on the expiry of that time-limit! • Where no time-limit : An offer only remains open for a reasonable time! • Rejection...
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...Party 1: The steps of the European Construction There are a Lot of difficulties moreover it’s a success. In fact we don’t have the same language and culture. I. The european Coal and steel community R. Schuman was the French minister of foreign affairs. He wants to begin with a new economic politic. So he purpose to Germany to put together the coal and steel (may 9th 1950), an independent body has to control this new project, and if an other state wants to join this new community, they can. It’ll symbolize the new future between German and French people too, in order to stop the war. * Why establishing this community ? To build Europe you need coal and steel, because you built al you need for war. A lot of people were against this community in France and in Germany. The communist were against they idea, because of the American inspiration, and it’s a capitalist idea. DG was opposed to because he doesn’t accept this community because he wants that France become a supranational nation, who controls the community, moreover they’ll become friends with the German. (In 1994, François Mitterrand goes to Verdun in order to symbolize the new Friendship between the 2 states). This proposal becomes the treaty of Paris in 1951. * The treaty of Paris With the Europe of the 6 (France, Germany, Italy, Belgium, Luxembourg and Nederland). So the Uk doesn’t accept this supranational Authority, it’s too early. There are 4 bodies: * The counsul of ministers...
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...European Tourism Law (New policy) Table of contents Introduction I. Tourism in Europe a. Employment and growth i. Factors of growth b. Problems facing tourism ii. New destination iii. Environmental destruction II. Lisbon Treaty III. European Travel commison c. Members d. President e. Activities IV. Renewed European tourism policy. f. Mainstreaming measures affecting tourism iv. Financing g. Promotion of sustainable tourism h. Improving understanding and visibility of tourism V. Conclusion Webliography Appendix Introduction Tourism overview Tourism is a sector that is growing rapidly in European Union is as well a key sector in the European economy. The European Union recognizes the potential of tourism to generate employment and growth. The variety of attractions and quality of its tourism services made of Europe the world leading tourist destination. Tourism is therefore an activity which can play an important role in the economic sector in Europe. The EU tourism industry generates more than 5% of the EU GDP, with about 1,8 million enterprises employing around 5,2% of the total labour force (approximately 9,7 million jobs). When related sectors are taken into account, the estimated contribution of tourism to GDP creation is much higher: tourism indirectly generates more than 10% of the European Union's GDP and provides...
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...individual by using the concept of “indirect effect” Von Colson v Land Nordrhein-Westfahlen [1984] ECJ Article 5 EC requires Member States to "take all appropriate measures" to ensure fulfilment of Community obligations. And this means that courts must interpret national law so as to ensure the objectives of Directive are achieved. This requires an effective remedy that has a deterrent effect and is adequate in relation to the damage sustained. A Directive cannot of itself impose obligations on private partiesMarleasing SA v La Comercial Internacional de Alimentacion SA [1990] ECJ Therefore, national courts must as far as possible interpret national law in the light of the wording and purpose of the Directive in order to achieve the result pursued by the Directive. This obligation applies whether the national provisions in question were adopted before or after the Directive; national courts were 'required' to interpret domestic law in such a way as to ensure that the objectives of the Directive were achieved. So, courts must do everything possible to interpret domestic law to comply with Community law. State Liability when there is no domestic law on a matter to which a Directive relates or domestic law is totally contrary to EC lawFrancovich v Italy [1991] ECJ Sometimes referred to as the 'Francovich Doctrine' or the 'Francovich Principle'....
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...questions: Part (a) The United Kingdom government announces that due to fears over rising public debt it intends withholding part of its EU budgetary contribution. Advise the Commission as to their possible rights of action against the United Kingdom government. 50 Marks Manuel runs a company that exports live animals from the UK to Spain. His business has been severely disrupted as protestors have blockaded British ports preventing the export of live animals from the UK on several occasions. Manuel is incensed as the British police have failed to adequately disperse the protestors. He feels that with effective British policing he would not have suffered such a loss to his business. Advise Manuel as to his rights under EU law against the United Kingdom government. 50 Marks Examination Question Re-Assessment Period 2004/05 PART A Art 4 of the TFEU imposes an obligation on member states to fulfil their EU obligations. However, the treaty does not specify or define what constitutes a breach but the court of Justice holds that not only acting but failure to act too constitutes a breach. In Commission V Belgium 1987 the commission brought an action against Belgium for failure to implement a directive to do with protection of drinking water against pollution. In our case above the United Kingdom seemed to have breached their obligation by withholding part of the EU budgetary contributions therefore the Commission has the right whether or not to take action...
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...replace national citizenship. Demicratic legitimacy : Lisbon Treaty Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union . TEU art 9 In all its activities, the Union shall obsere the principle ofthe equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies. Every national of a Member State shall be a citizen of the Union. TFEU art 20 The right to move and reside freely within the territory of the Member States TFEU art 21 Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties... Free movement of Persons "Citizenship Directive" 2004/38/EC On the right of citizens of the EU and their family members : - To move and reside freely freely within the territory of the Member States - To participate in socio-econmic life without experiencing discrimination. Right to movement and shrot term residence (3 months) with no right to social assistance Right to residence n another MS for more than 3 months Permanent residence : citizens who have lived legally for5 years in another MS (no condition of sufficient resources, but lossin case of 2 contiuous years of absence) CJEU (Court of Justice of European Union) : key element in promoting social cohesion which works to strengthen the feeling of...
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...Topics on European Contract Law: An Economic Perspective Prof. Fernando Gomez Professor of Law and Economics Universitat Pompeu Fabra, Barcelona, Spain Session 1 The Law and Economics of Legal Harmonization and European Harmonization of Private Law Ogus and Garoupa, “The Strategic Interpretation of Legal Transplants”, in Journal of Legal Studies, vol. 35 No. 2 (2006) Gomez and Ganuza, “The Economics of Private Law Harmonized Lawmaking: Mechanisms, Modes and Standards”, in Brownsword/Micklitz/Niglia/Weatherill (eds.), Foundations of European Private Law, Hart Publishing (2010, forthcoming). You may skip the last section of the paper. Session 2 European Harmonization of Contract Law: Why and How Gomez, “The Harmonization of Contract Law Through European Rules: A Law and Economics Perspective”, in European Review of Contract Law, Vol. 4 No. 2 (2008) Ganuza and Gomez, “Optimal Harmonized Standards for Promoting Cross-Border Trade”, Working Paper, Department of Economics and Business, Universitat Pompeu Fabra (2009) Session 3 Basic Issues on Long-Term Distribution Contracts and their Legal Regulation in Europe Artigot and Gomez, “Long-Term Contracts in the Law and Economics Literature”, in De Geest (ed.), Encyclopedia of Law and Economics. Contracts, Edward Elgar (2010, forthcoming). You may skip sections 6, 7, 8. Gomez, “Cooperation, Long-Term Relationships and Open-endedness in Contract Networks” in Cafaggi (ed.), The Law and Economics...
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...Preliminary questions 2 Judgment of the European Court of Justice 3 Order 5 Summary 6 Bibliography 6 Introduction European Union law implements the provisions of EU treaties and initiatives. It establishes a series of rights and demands that are recognized by EU member states' national judiciaries. EU law is governed by the European Court of Justice (ECJ), which has a unique role in developing a European identity and influencing national governments. The ECJ was originally set up under the Treaty of Paris (1951) and its competences have gradually expanded under the Treaties of Rome (1957), Maastricht (1992), Amsterdam (1997), Nice (2001) and Lisbon (2007). Legal precedents established by the ECJ have played a large role in shaping the development of EU law. The case of Costa vs. ENEL in 1964 for example ruled that in the case of a clash between EU and national law, EU law is the higher authority, thus establishing the supremacy of the ECJ. So now I am going to describe the details of this case. Background of the case M. F. Costa, a lawyer practicing in Milan claimed that he is not under an obligation to pay the amount of an invoice (1,925 Italian lire) which was demanded from him in respect of the supply of electricity by the ENTE NAZIONALE PER L’ENERGIA ELETTRICA (ENEL). He objected to do this payment before a Justice of the Peace (who was competent in first and last resort by virtue of the amount involved) claiming that the law of December 6 1962 nationalizing the...
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...Business Law Trends With the move towards a market economy slowing taking over Europe, there has been a vast amount of changes in laws that effect businesses across Europe and in the Czech Republic in particular. Through my research, I have discovered a few trends in which I have found interesting. The first of those trends is the slow removal of anonymous corporate ownership in the Czech Republic. Before the end of last month, numerous companies throughout the Czech Republic had anonymous shares. This made it difficult to determine who had ownership in these said companies. Because of that, just recently a law was put in to place to prevent these thousands of companies from continuing to keep shares anonymous. June 30th was the deadline for companies to make all corporate shares public, and if the anonymous shares are not removed then the companies themselves should disappear. Anonymous shareholders will also lose their rights within these companies such as voting at meetings and receiving dividends. The reasoning behind this is to create a more transparent corporate world in the Czech Republic. As well, this law will help towards ending corruption and criminal acts in the corporate world. Many of these companies have been viewed as a front for illegal activity. These companies have been pinpointed as the most likely companies to be involved in fraud, and the government has made it a point to attempt to block these companies from receiving subsidies, payments, and public...
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...IPA (INSTRUMENT PRETPRISTUPNE POMOĆI EVROPSKE UNIJE) PROGRAMI PREKOGRANIČNE SARADNJE – ŠANSA ZA FINANSIRANJE PROJEKATA IZ OBLASTI TURIZMA I ZAŠTITE ŽIVOTNE SREDINE U CRNOJ GORI I ZEMLJAMA ZAPADNOG BALKANA Ljiljana Pjerotić, M.Sc Opština Budva Crna Gora Abstrakt Crna Gora će u periodu od 2007. do 2013. godine u okviru druge komponente IPA učestovati u 4 bilateralna prekogranična programa, Jadranskom prekograničnom programu i 2 transnacionalna programa: Prostor jugoistočne Evrope i Mediteranski Program . Među predloženim prioritetima i ciljevima bilateralnih programa prekogranične saradnje nalaze se i prioriteti koji se odnose na turizam i zaštitu životne sredine, te stoga ovi programi predstavljaju šansu za dodatna ulaganja u ove oblasti kroz realizaciju kvalitetnih projekata. U kojoj mjeri će raspoloživa sredstva biti iskorišćena zavisiće ne samo od kapaciteta državnih institucija da uspješno vode i koordiniraju aktivnosti u toku realizacije programa, već i od sposobnosti potencijalnih korisnika da izrade što veći broj dobrih projektnih predloga koji mogu da budu finansirani iz sredstava prekogranične saradnje. U tom smislu, programi prekogranične saradnje nisu samo šansa, već i izazov za Crnu Goru. Ključne riječi: Instrument pretpristupne pomoći, turizam, Evropska unija, Crna Gora, zapadni Balkan UVOD Proces stabilizacije i pridruživanja (SAP – Stabilization and Association Process) je strategija Evropske unije (EU) prema zemljama zapadnog Balkana...
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...post-colonialism. Colonialism demanded direct domination over a culture and often met with heavy resistance which resulted in a high-risk. In response to the end of colonialism, ideas such as the Association Theory were implemented in order to establish control over Native people having a lower-risk. The Association Theory as explained by Sarah De La Croix meant “…direct cooperation, based on European ways, between European officials and educated Natives. Those of you who have advanced would be invited to join together with us in governing the Indies. So the responsibility would no longer be the burden of the white race alone.” (Toer 145). Bluntly speaking, this was a doctrine that sought to create Javanese puppets for the Europeans. Arguably, colonial governments were only concerned with education so that they could create an army of Natives for themselves. Soldiers by the name of bupati’s who would wear the armor of their people but provide patriotic duty for the Europeans. This novel focuses around characters such as Minke and Nyai who are prey to the Association Theory because they have received European educations. With education being provided to Natives it is important to consider that “New knowledges do not simply stuff the heads of existing people with new ideas; they serve to create new people…” (Seth 4). Praemodya gives us the accounts of Minke and Nyai in...
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...Economic Development The Galveston, Texas economic development group was looking for new ways to attract new jobs and businesses and to retain existing jobs and businesses. They discovered that food processing plants have big economic spin-offs for small and medium-sized communities. In this case, a national food processing chain was looking to expand its operations, but is requesting that the city purchase its current building to enable it to build a new facility in the community to accommodate the expansion. The plant estimates that sales will increase by $20 million. All sales are purchased outside of the municipality. Once the plant opens, it’s expected to employ 250 workers with an average hourly wage of $15.00 per hour. Direct Impact The size of the proposed construction project was 50,000 square feet, with a per square foot cost of $100, which generated $5,000,000.00 in construction business generated by this project. A construction multiplier of 1.5 x the $5,000,000.00 would generate $7,500,000.00 in total construction benefits for the city. Expansion of the processing plant is projected to be a $30,000,000 contribution to the City of Galveston’s economy. Attracting and maintaining this type of business within the city would have tremendous impact on the local economy. Another direct effect included the 300 construction workers staying at 300 different hotel rooms at a rate of $75.00 per night, an immediate impact on the local hotel economy of $22,500.00. Furthermore...
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...SIA Corporation Case: Problem: - SIA employees see that techonology enhancement thru knowledge-sharing system within their organization will be a threat for them in loosing their jobs. - Employees think that sharing of knowledge with colleagues is not for the best interest of everyone in the organization. - Highly specialized knowledge was kept by each individual for job security purposes since plenty of lay off are happening within the insurance industry. Key Objectives: - To make employees take part in the new system being implemented by the organization. - To improve knowledge sharing within the organization. - To make employees feel that the directives is for the benefits of all employees and not for the company’s interest. Alternative Courses of Action: - Meet with each Department Heads and encourage them that this new system will make each individual lives easier. - Do informational campaign to the whole organization, set expectations and FAQs regarding this new system. - Seek for Management’s approval to inform employees that this new system will not be the approach to use for minimizing /lay off of employees but instead will help everyone make their jobs easier, at the same time, will improve employees knowledge within the organization. Recommendation: - I recommend that for the company to be able to implement this new knowledge system, Management should do an Informational campaign first within the organization ensuring that this is just a part of the learning...
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...1 Reconsidering Baron and Kenny: Myths and Truths about Mediation Analysis Xinshu Zhao* Professor and Director Center for Research in Journalism and Mass Communication University of North Carolina and Chair Professor and Dean School of Communication, Hong Kong Baptist University zhao@unc.edu John G. Lynch, Jr.* Roy J. Bostock Professor of Marketing Fuqua School of Business Duke University Durham, NC 27708 Tel: (919)-660-7766 john.lynch@duke.edu Qimei Chen* Shidler Distinguished Professor Chair/Associate Professor of Marketing Shidler College of Business University of Hawaii at Manoa C303, 2404 Maile Way, Honolulu, HI 96822 Tel: (808) 956-8921 Fax: (808) 956-9886 qimei@hawaii.edu Manuscript #08-0083-2, re-submitted to Journal of Consumer Research, June 2009 * The authors contributed equally to this article. This study was supported in part by a UNC-CH Research Council Grant #3-12818, UNC-CH School of Journalism and Mass Communication Summer Grants for Research, 20012007, and grants from NICHD (R24 HD056670, Henderson PI) and UNC-CH Center for AIDS Research (#07-1191, Brown PI). The authors also wish to thank James R. Bettman, Jane D. Brown, Gavan Fitzsimons, Rhonda Gibson, Joe Bob Hester, Joel Huber, Laurence W. Jacobs, Chuanshu Ji, Wagner Kamakura, Gary McClelland, Carl Mela, Andres Musalem, Jonathan Levav, Jason Roos, Woochoel Shin, Stephen Spiller, Rick Staelin, Ning Mena Wang, William D. Wells, Stacy Wood, and seminar participants at the...
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...The court case of Bennelong. Why were Bennelong and Colby captured? Bennelong and Colby were captured because the European Australians wanted to see how the Indigenous Australians lived. They also wanted to capture Bennelong & Colby, so that they could have them with them and they were hoping that by the presence of Bennelong & Colby living with them the rest of the native population warm up towards them, and not be so aggressive or hostile. They were not intending to kill them as the natives thought; they just wanted to bring peace between the native people and the European settlers. The reason that Bennelong and Colby were ‘taken by force’ ( pg-11.) was because previous efforts to communicate with them freely had failed. Governor Phillip wanted to take Bennelong & Colby so that they could teach them English without losing their native tongue, the reason for teaching them English is to help their own countrymen converse with the colony. (PG-13) How did Bennelong feel throughout the ordeal? Bennelong was being taken away from his friends, so he was feeling anxious and very upset. While they were lashed to the boat they were extremely terrified (pg-13). Once they had moved far enough away from their countrymen on the shore, the captive’s hands were untied which made them more relaxed. Bennelong and Colby would have been more relaxed after they had settled in and got used to their new surroundings. Even the family was feeling distressed as one of their own was taken...
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