Hi
Welcome to the first lecture in International Business Law.
I hope you will find the course interesting, but it will be different from the other courses. The subject is completely different and most of the lectures will be over Internet. It will require a lot of work from you but you will be rewarded by acquiring new knowledge that you will benefit from in the future.
See you in todays lecture
Take care
Best regards,
Krister
Hello,
I can not find today’s question. Thanks
Hi
You will find it on twitter https://twitter.com/jkfutbildning and on Facebook https://www.facebook.com/jkfutbildning/
Best regards
Krister
Hi,
Can the Court of Justice of the European Union make decisions ONLY over cases that are considered within the Public Law (state – people)? Thanks.
Hi
No the court is not restricted to cases within the area of public law.
Regards
Krister
Wikipedia states the following regarding Directives:
”Unlike regulations, the provisions of a directive become binding on other natural or legal persons only after its incorporation into national law.”
Does this mean that all Member States must make the directives into national law before they begin to apply?
Thanks!
Hi
Yes, each member state must incorporate the directive into national law. If they fail to do so the directive might have direct effect after the deadline stated in the directive.
/Krister
What is the difference between Duty and Tariff?
Is it the same thing?
Thank!
Hi
It can be the same thing if you ad the word customs to the words.
The words duty and the word tariff can mean a lot of different things when the words stand alone.
/Krister
Hello,
Is it required to memorize the Swedish contract acts which you mentioned and specified in the previous lecture or just get an overview by reading them? Thank you.
Hi
No, you dont have to memorize it, it just to help to explain the slides.
I answered the question in the begining of todays webinar, 5 March 2020. Please look at the movie for more information.
/Krister
Hi
The study guide states the following regarding what’s allowed on the exam:
” Write key word on the side margin or on tags attached to the page’’
Is it only words from the text or own words?
Can you provide page references (to other articles?)
Can you write two words in a row? (not a sentence)
Thanks
Hi
Key word is one word.
Only word from the text is allowed,
Page references is allowed.
/Krister
the webinar is very good, and i hope all our lectures to be webinar, it save a lot of time.
OK 🙂
/Krister
Hi, can you please make the next lecture on Monday as webinar instead of physical lecture at university? As Corona virus is contaminating very fast.
Hi
No, I will not change the schedule. Sorry 🙁
The University has not decided to cancel any lectures due to the Corona virus.
/Krister
Hello,
For the group work assignment, It is mentioned in the instructions to “Write an analysis of a judgment from ECJ” does this mean that we need to look at a case on the ECJ’s website and look at both the Preliminary ruling and also why did the national court request a preliminary ruling? Thank you.
Hi
In a preliminary ruling the questions from the national court are always included in the judgement so you don’t need to find the case in national court.
/Krister
Is independent agency must have a written contract with principal?
Hi
No, an Independent Agency can be created by the fact that the Agent is employed by the Principle an that the Third Party knows about the employment.
/Krister
Can you explain how the exam will be?
I’m too lost with what is the reference and how to do it, I’ve been trying to fix the compendium for a few lectures now but it’s not going good.
Any help!?
Hi
One sample exam is now published on course homepage, more exams will come.
/Krister
In the article 38 in CISG ”the buyer must examine the goods within as short a period as is practicable in the circumstances.” and in the article 39 (2) the buyer has 2 years to give the seller a notice on a lack of conformity of the goods, so is not this a contradiction?
Hi
No, it is not a contradiction.
Article 39(1) says that buyer must give seller notice within reasonable time after he discovered or ought to discover the lack of conformity. That is the main rule.
There is also a maximum time of 2 years after delivery in article 39(2). This means if you discover the lack of conformity after a week after delivery and you wait for 12 month before you give notice to the seller, then you have lost your right. In that case it does not matter that you give notice within 2 years because you did not give notice within a reasonable time from when you discovered the lack of conformity.
/Krister
Hey, will you publish the 13/3 Lecture 8 Webinar on Canvas soon?
Thank
Hi
Is it the offeror who decides what the legal acceptance time limit is? Or who has the last word? The court?
Hi
No, the offeror do not decide the legal accept time limit. The offeror can decide how long the offer is valid by putting a due date in the offer. The legal accept time limit will come into account when no time limit is in the offer, then offeree has reasonable time to consider the offer. Yes, the court will have the final saying in that regard.
/Krister
Hello!
Does each country have its own private international law?
Is it part of the legal system in each country or a completely separate entity? Does it consist of a jury choosing, for example, in which country a case is to be tested in?
Hi
Yes, each country has its own International Privat Law. I don’t think it is decided by Jury in any country. The Law will answer the question in what country the case can be tried, but in EU we have a regulation (EG) 593/2008 that will decide in what country the case will be tried.
/Krister
1. Is there a list of which governments / countries use ICC’s Incotems?
2. Is it only whole countries that adopt Incoterm or also individual authorities / private companies?
3. What happens if only one of the companies in a contract uses Incoterm and not the other. Is it the IPL that determines in which country a case is to be held and it decides whether to use incoterms or not?
Hi
1) Incoterms is not a Convention or Treaty that countries can sign. Incoterms is a system regarding transportation clauses that has been developed by ICC.
2) It is up to the parties in a contract to agree on what transportation clauses the want to use.
3) It must be an agreement between the parties. One party can not decide alone to use Incoterms.
/Krister
Hi,
In case that two companies went to the Arbitration court and one company didn’t like the judgment, and as it is not possible to make an appeal, and this company yielded to the decision, the question is: can this company open the case again, but this time before the general court?
Hi
No, the same case can not be tried again in court.
/Krister
Hi,
If the parent company applies GDPR does that mean that the subsidiary company (daughter company) also has to apply GDPR? Thank you.
Hi
GDPR is a EU regulation and applies to all companies.
/Krister
Hi!
How can we distinguish between the direct effect and the indirect effect? Thank you
can we consider all directives have indirect effect?
Hi
All EU legal acts have indirect effect.
/Krister
Hi
Direct effect of EU legal acts means that an individual can claim a right directly based on a legal act. Indirect effect means that the national courts and governments in member states must use a EU conform interpretation method when they interpret national law.
/Krister
1 can you explain how the paper for the project should be written?
2 what is the difference between facts and Issue?
3 how to write it without changing the legal term with the re-writing?
Hi
Direct effect of EU legal acts means that an individual can claim a right directly based on a legal act. Indirect effect means that the national courts and governments in member states must use a EU conform interpretation method when they interpret national law.
Use citation if you feel exact wording is needed.
/Krister
Hi
In the exclusions of suppliers, is this procedure coming before or after publishing the contract document , or there is no publishing in the restricted procedure?
Hi
It usually comes after publishing the contract document.
/Krister
Hi
In the standstill period, is it possible for the suppliers who didn’t get the award decision to contact the contracting authority and ask them for explanation why they didn’t win the bid before going to the court?
i
Yes all suppliers will get information regarding the award decision and how the different bids have been evaluated.
/Krister
Hello, you said that we need to upload a document from Canvas which has the questions for the exam and write the answers on a word document. Is it necessary to do it in a word document?
Hi
We will also accept the file format ”.pages” for mac.
/Krister
Hi Krister,
GDP (gross domestic product) is going down worldwide because of the COVID-19 virus. Just wondering over here, is it possible to claim China for compensation? Thank you
Hi
No,I don’t think it is possible.
/Krister
Hey!
can you please add the pages for the articles in the compendium , we can not find it when you just start talking about an article
thank you 🙂
Hi
OK, I will do that
Thanks 🙂
/Krister
can you pleace explan more about the seminar?
Hi
Listen to the webinar from March 27 and I will also explain more on the Webinar March 30.
/Krister
Hey
Did you raise the question about Vertical anti competitive cooperation in that lesson? watched the entire webinar and I never heard it.
Also, I didn’t understand in the lesson what you meant. What kind of certificate can you get from the school for longer writing time?
Hi
I talked about vertical anti competitive behaviour when I addressed article 102 TFEU and the case ECJ C-73/95.
If you search the word “disability” on the University home page you will find more information.
/Krister
Did we even cover Vertical agreements and Horizontal agreements on any webinar??
Hi
I talked about vertical and horizontal anti competitive behaviour when I addressed article 102 TFEU and the case ECJ C-73/95.
/Krister
Hello,
If a product is manufactured in Sweden, and has a European Patent protection. It is possible and legal for the owner to market the product in the Union without resulting in a Patent exhaustion, right? Thank you.
Hi
As soon as a patent owner has sold the product to a customer in any country within EU (EES) the protection is consumed and the product can be resold in any country within EU (EES) regardless of any patent in all EU (EES) countries or not.
EES = EU + Iceland + Liechtenstein + Norway
/Krister
Hi
You talked about a sentence that we assume to be critical when we write the seminar document. Can you explain what this sentence is about? Is a headline or introduction?
You said it was very difficult to come up with this sentence and therefore requires critical thinking.
Hi
Can you please upload some cases with their analyses?, so we can train how we will write analyses for the cases in the exam. And if it possible to be the analyses that we need to write to get the full mark.
Dear Krister,
Is it possible to update the allowed on the exam page on Canvas? Due to now that the exam will be digital we would like to know what we can use and what is not allowed.
Thanks in advance
Hi
It is done 🙂
/Krister
Hi
Can we consider that there is no indirect vertical effect? And if not ,can you give us an example?
Hi
Since the Directives are “directed” toward the state it is not relevant to talk about the concept of “indirect effect”. But of course national member state courts should always use a EU conform interpretation method.
/Krister
Hi
Can you please explain the marginal tax in the business income using an example? As it is very important for our future career.
Hi
The marginal tax rate is the tax rate in % that you will pay on an increase of the income on 100 kr. Earned income and business income are added together when you figure out the total tax rate but on the business income you also pay social security tax which means that the marginal tax rate in a given situation will be higher if the increase in income comes from business income compered to if it comes from earned income.
/Krister
hey
is the twitter question for us to study and might come in the exam? or is it just a way to help us remember it, really lost here what to study
Hi
The Twitter questions are relevant to the course content and to the exam.
/Krister
Hey Sir!
hope you are better now.
can you please explan with the summry session about the exam and how it will be?
we know the law, but we do not know what we will do next 🙁
Hi
Thanks
Hopefully I did that
/Krister
Hi,
Is it possible to apply CISG on the contract between a producer and the distributor of the product, if they are in different country, for instance: if I want to be a distributor for a German company here in Sweden, is it possible to apply CISG on the distribution contract that i will make between me and the German company?
Hi
Yes, you can apply CISG in the contract.
/Krister
Hi,
In case of conflict between an article in a convention ( that a member state has signed) and a directive from EU, which one should the member state interpret in its national law?
Hi
It is difficult to answer that question. Most of the time conventions has minimum rules and the directives has “stronger” rules and then there is no conflict e.g. copyright protection time in Berne Convention compered to the protection time in the EU Directive. If the hypothetical situation arises I think the country would follow EU rules because it might be too expensive to break them.
/Krister
Hi,
Do all EU directives have a direct effect in a monis system member state?
Hi
No, it is at the end ECJ who will decide if an article in a directive will have direct effect or not. It has nothing to do with the fact that the state is a monoist state or not.
/Krister
Is it possible to use the EU law directions, 4th edition for the exam?
Hi
You cannot make a quotation from the fourth edition since it was not in the literturlist for the last course HAA103. But of course you can use the knowledge from the book.
/Krister
Hey Krister!
can we use explination from the lectures in the exam since we will have all with us in the exam now?
Hi
You are making it to complicated now. You just answer the questions on the exam with help of your own knowledge. You don’t put reference on that. It is only when you make a quotation directly from the book that you have to make a reference.
/Krister
hey!
i use your video to answer all the quistion, what wee should do for that in the exam.
if it answering the quistion that you talked about in the lecture how it can be okay to change it.
is it cheating if we all used that, but what eles
Hi
You are making it to complicated now. You just answer the questions on the exam with help of your own knowledge. You don’t put reference on that. It is only when you make a quotation directly from the book that you have to make a reference.
/Krister
Hi,
In one question in the exam 08.2019 (5) (EU Member States Competition Authorities do not apply article 101 and 102 TFEU.) you marked it as a wrong choice, can you explain why?
Hi
The statement is wrong because the national competition agency must apply article 101 TFEU if e.g. two companies in the country enters into an agreement that will restrict competition in another EU country then article 101 applies and the national competition agency must enforce it.
/Krister