Chapter 19 & 20

All of the following are problems with the Basel convention except:

Under Section 609 of Public Law 101-162, the U.S Congress essentially forced exporters of shrimp to the U.S. to use turtle exclusion devices to lower the incidental capture of sea turtles in their shrimp fisheries. The Appellate Body of the WTO found that the U.S.'s de facto insistence on the use of this device was "_______" and asked the U.S. to bring this regulation into conformity with GATT law.

What are some of the traditional international remedies that most countries use when some countries are affecting the environment or polluting the environment? For example: the Uruguayan pulp mill in River Uruguay, which forms the border between Uruguay and Argentina.

The _____________ is one of the three defenses to US Challenger of employment decisions, is the one that provides that an employer may engage in discrimination if it is “reasonably necessary to the normal operation of the particular Business or Enterprise”.

Title VII and ADEA prohibit US employers and foreign companies controlled by a US employer from discriminating in employment of US citizens in other countries. Under these statutes, a man employed in the US but is a German citizen can be applicable for these. Is this statement true and why?

An oil tanker owned by ABC, a Polish company, had an accident which caused an oil spill on Polish shores. Will ABC have to pay for the cleanup costs?

What organization determines whether any party to the North American Free Trade Agreement has shown a persistent pattern of failure to effectively enforce its environmental law?

A German Factory has a plant located in Austria. The company illegally dumps its chemical waste and it has leaked into Austrian water systems. An Austrian water purifying systems company wishes to sue the German company. In which court is it most appropriate to bring the case?

Concerning the risk insurance from government agencies and the United States' Overseas Private Investment Corporation (OPIC), which sentence is wrong:

In the case European Communities- Measures Affecting asbestos and Asbestos Containing Products, the French government instituted a ban on asbestos products. Canada challenged this prohibition in the WTO saying that it violated several articles in GATT and the Agreement on Technical Barriers to Trade. The Appellate Body ultimately concluded that there was no _____________ to France's chosen method of preventing asbestos-caused harm.

Is the type of concession where the government sells the concessionaire a “ permanent” concession?

Currently international environmentalist initiatives and most developed nations are in favor of the creation of a permanent trade and environment committee to advance and implement:

Ellen Jones, a U.S. citizen, was hired to work as a department manager at Little Fish. Little Fish is located in England and is a subsidiary of Big Fish Inc., an American company that specializes in producing the latest fly-fishing gear. After 2 years of working with the subsidiary she was fired because of her race. Does Ellen have a case against Little Fish for wrongful termination

Lenec is a Serbian company that produces Hairspray (Aerosols). Lenec is a signatory of the Carpathian Convention Treaty. This means that Lenec is obligated to maintain, protect, and sustainably manage the natural environment and its resources. Other members of the Carpathian Convention discovered that Lenec is responsible for producing hazardous byproducts that are very harmful greenhouse gases. Since Lenec is producing these hazardous greenhouse gases, they must bear the costs of managing them to protect the environment due to what principle?

______ provides than an employer may engage in discrimination if it is “reasonably necessary to the normal operation of the particular business or enterprise”.

Hundreds of thousands of children as young as 13 years old are working in factories and garment industries everyday in countries like Vietnam, Bangladesh, India and many more wages for children is much lower than that of adults. These countries are considered to be these type of nations where child labour is common.

The US exports hazardous pesticides to Mexico because Mexico does not have the same stringent laws regarding these toxins. In return, Mexico uses these pesticides to help their avocado crops. When these avocados are exported back to the US, residue of the US banned pesticides are on the crops. Nations have tried to regulate these actions and one being the Toxic Substances Control Act (TSCA). For international transactions under this act, nations must:

Which of the following would allow a foreign employer to choose the executives and experts that would run the company's operations in other signatory nations?

“The CocaCoca” Company is one of the biggest suppliers of soda in the world; they own more than 50 factories around the world, and more distribution centers. The latest days the company has been in the first page of several Brazilian Newspapers not because of their success in the country, because one of their biggest factories in the country was accused by a non-profit organization of being responsible for the pollution that has been affecting the local river in Sao Paulo. What could the non-profit organization do, in order to stop this issue or improve the situation?

Which Act's restrictions are even more demanding than on the exports of hazardous waste?

Janet decided that she wanted to work unloading and stocking parts for Dogtown Automotive. Some of the boxes that these workers must lift weigh upwards of 150 pounds. Janet, being a 110 pound petite woman, is incapable of lifting such items. As a result, the company decided that they could not hire her because she was underqualified for the tasks at hand and hired a 250 pound man named Steve instead. Dogtown Automotive's decision not to hire Janet can be justified by which of the following defenses?

In order to deal with poverty, hunger and other social and economic issues, the government of Congo is temporary allowing the hunting and trading of gorillas. According to the current International Union for Conservation of Nature Red List of Threatened Species, gorillas are considered as critically endangered species, so they are facing a high risk of extinction in the wild. Which International Convention is Congo government violating with this temporary measure?

Which of the following statements is not correct:

Throughout the world there are varying environmental requirements and countries have very different regulatory schemes. Often times the more developed nations support international environmental regulation whereas less developed nations oppose these types of regulations. Foreign investors must consider these differences when deciding to locate their facilities abroad. Which of the following factors does NOT contribute to a discrepancy in laws?

A Mexican worker was employed by a US company in one of their factories in Mexico. He wants to sue the company in US courts for unduly harsh work rules. What could be the outcome?

Floyd Smith is an American businessman trying to lower the expenses of his manufacturing company. Smith is looking to start a factory in Germany. There are many factors he is looking into, one of the most important being labor. In Germany, corporations need to have substantial representation of the workforce on the board of directors. This protection is assured through...

A German manufacturing company has been experiencing financial difficulty as of late, and believes that the closing of some plants that are not producing at the level they should be would be a great cost saving advantage. The management makes the final decision to do so without consulting the workers councils and laying off hundreds of employees. Under the German Works Constitution Act the works council has a claim against the manufacturing company under the claim that; the employer must fully inform the works council in ___________ of any plant changes that might result in _____________ for employees and consult with it on such proposals.

Many developing countries find themselves dealing with the adverse economical effects when it comes to “green” technology. They make many suggestions and requests but one of the most developed nations where most of these technologies are developed oppose these suggestions. Moreover, there are other set of proposals focuses on establishing uniform WTO-accepted standards for labeling and packaging; however, the ministers request to examine whether existing WTO rules stand in the way of what?

What did United State do to stop discriminate employees in other part of the world? For example: to hire Gypsies in Europe, or hire Catholics and Jews in Islamic regions.

Which of the following is not one of the defenses to US challenges to employment decisions abroad?

__________________________ allow a foreign employer to choose its own executives and experts to run its operations in the other signatory nations. Also have come under grater scrutiny as to which levels and positions the foreign executives can occupy.

A United Sates manufacturing company named Clean is emitting a massive amount of greenhouse gasses. They have argued that the United States has purchased "pollution credits" from countries with lower emissions so it is acceptable that they are emitting this much into the environment. Is this defense true? If so, under which measure?

The cornerstone of U.S. environmental regulation of the export of hazardous materials is the principle of prior informed consent (PIC). The export of pesticides, for example, is regulated by the____________________ U.S. under the ________________.

Crepes Company is a foreign company based in France, but with stores in many major US cities. At the San Francisco store, the CEO, who is a non-US citizen terminates all the females at the location because he thinks that men make better crepes. In this scenario, this is allowed by law in France. What defenses does the foreign CEO have if charged in San Francisco?

Which of the following statements is not true about the Alien Tort Claims Act (ATCA)?

The competing desires of ethnic groups to dominate a geographically contiguous zone are a primary cause of civil strife in these continents. "___________" in Bosnia and post-1999 "___________" in Kosovo were efforts to create geographic regions where only one ethnic group resides.

In the case study "European Communities - Measures Affecting Asbestos and Asbestos- Containing Products" the French government instituted a ban on asbestos and asbestos containing products. This ban was challenged by Canada since they are the second largest asbestos producer in the world. The EC (European Communities) contented that this ban was necessary to protect human, animal, or environmental health. Under which article of the GATT agreement made this ban permissible?

The U.S. and Europe have two different approaches to Labor Law. The German Approach is comprised of a mandated two-tiered board: a _____board (Aufsichtsrat), responsible for representing shareholder interests, and a ____board (Vorstrand).

The environmental standards in North America are made through bilateral treaties and the ______________________, in which the environmental side agreements established the North American Commission for Environmental Cooperation. The Commission for Environmental Cooperation determines whether any party has shown a “_________________________” to “effectively enforce its environmental law”.

The______________________________ imposes reporting and record-keeping requirements on all chemicals substances also in international transaction it requires exporters to notify the ________________________ of export of any chemical or article containing a chemical that is or has been subject to testing under the statute.

_______, _________ and _______ between the United States and other nations, which allow a foreign employer to choose its own executives and experts to run its operations in the other signatory nations.

In 2000, the German government implemented the _____________________, which requires utilities to purchase renewable energy and guarantees prices for renewable energy generators.

The ___________ regulates the transport of wastes that display certain hazardous characteristics. The disposer must notify the governments of the receiving and notify the transit nations of the nature and amount of wastes in a shipment.

On the topic “Laws Favoring Discrimination Based On National Origin Or Religion”. Estonia has created citizenship laws, the plain intent of which is to deny citizenship to ethnic Russians who arrived during the seventy years of Soviet rule. Because Estonia confers employment and other benefits on the basis of citizenship, its ______________is a device for favoring ethnic Estonians over ethnic Russians in _____________________.

According to the Fair Treatment for Experienced Pilots Act, the mandatory retirement age for pilot is 65, mainly for safety reasons. This is an example of:

Concerning the Environmental law, which one is wrong?

Maria, a German citizen who works for Flugzeug, a German company, is pregnant. Because of recent financial difficulties, Flugzeug has already reduced its workforce by 20 percent and is planning to reduce it further. Can Maria be dismissed?

Switzerland has really strict laws about how much carbon dioxide you can emit, and what chemical products companies can use and reject. These laws also forbid companies to sell products that were not producing in agreement with these norms. Because of that, foreign companies find it really hard to enter the Switzerland market.
Which one can describe best what is Switzerland?

Stern is a German company that has had financial difficulties for the past two years. In order to stay in business, Stern has to fire thirty of its one hundred employees. As required by the German Works Constitution Act, Stern informed the work council and discussed with it about who was going to be terminated, but after three months they were not able to reach an agreement. What is going to happen?

Before today’s technological advances and due to high energy prices, this form of fuel was not considered an alternative to fuel. However, recently the United States and Europe have begun to develop the industry of this type of fuel in response to oil price hikes and to increase energy security. This type of fuel is called: