International Trade and Agreement Reviewer
International Trade and Agreement Reviewer
International Trade and Agreement Reviewer
A.3. Import Quotas and Voluntary Export Restraints B.1. POLITICAL ARGUMENTS for intervention are concerned with protecting the
IMPORT QUOTA is a direct restriction on the quantity of some good that interests of certain groups within a nation (normally producers), often at the
may be imported into a country. expense of other groups (normally consumers).
B.2. ECONOMIC ARGUMENTS typically concerned with boosting the overall wealth
TARIFF RATE QUOTA common hybrid of a quota and a tariff
of a nation (to the benefit of all, both producers and consumers).
Article 2 of the WTO Agreement stipulates the primary function of the WTO as d. THE EUROPEAN COMMISSION - Promoting the common interest
providing 'the common institutional framework for the conduct of trade relations
among its members in matters related to the agreements and associated legal E. COURT OF JUSTICE OF THE EUROPEAN UNION the common judicial institution
instruments included in the annexes to [the] Agreement. of the EU and of the European Atomic Energy Community (EURATOM
E. Regional Economic Integration Agreements MERCOSUR originated in 1988 as a free trade pact between Brazil and
means agreements among countries in a geographic region to reduce, and Argentina.
ultimately remove, tariff and nontariff barriers to the free flow of goods,
services, and factors of production between each other.
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Association of Southeast Asian Nations (ASEANS) Free Trade Area Conflict of laws on the content of contracts: It is the case where the laws
(AFTA)m Formed in 1967, the Association of Southeast Asian Nations of different countries comprise different rules on the various and
(ASEAN) includes Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, complex issues
Philippines, Singapore, Thailand, and Vietnam. Laos, Myanmar, Vietnam, DOMESTIC LAW, as far as it relates to international treaties, states the freedom of
and Cambodia have all joined recently. the choice of law applied to parties involved in an international business
ASEAN is to foster freer trade between member countries and to achieve transaction.
cooperation in their industrial policies.
ASEAN Free Trade Area (AFTA) between the six original members of F.1.2. INTERNATIONAL (TRADE) LAW the law governing international trade.
ASEAN came into full effect. The AFTA has cut tariffs on manufacturing International trade should be understood as international relations at the trade
and agricultural products to less than 5 percent. policy level, such as the tariff and non-tariff policy, offensive or defensive trade
policy, or the economic integration policy, of a state.
MODULE 4.2 o INTERNATIONAL ECONOMIC ORGANIZATIONS involve
International Sale of goods are performed in the forms of export; strongly in international trade relations, among these it should
import; temporary import for re-export; temporary export for re-import; and note the WTO, IMF, WB, EU, ASEAN, etc.
international sales of good without import-export procedures at border-
gates. These are business transactions that usually takes place beyond the o INTERNATIONAL TRADE RULES provide the rules of the game
territory of a country. for the international trade game.
10 Key Clauses of an international Sales Contract
a. Description of goods F.1.2.a. International Treaties
b. Contract price Conflicts of laws may cause disputes in international sales of goods.
c. Delivery terms To prevent these, countries often negotiate the adoption of related
d. Time of delivery international treaties in order to unify certain rules aiming at governing
e. Payment conditions these transactions. There are two types of such international treaties - one to
f. Documents unify the substantive rules, and the other to unify the rules of conflict. These
g. Inspection of good by the buyer treaties may be either bilateral or multilateral.
h. Retention of title
i. Force majeure 1. Treaties to Unify the Substantive Rules
j. Resolution of disputes The UNIFICATION OF THE SUBSTANTIVE RULES occurs when countries
agree to create the substantive rules, in order to govern international sales of goods
F.1. Regulations on International Sales of Goods transactions.
THREE MAIN SOURCES 2. Treaties to Unify the Rules of Conflict
1. domestic law The national rules of conflict may differ among countries. If there exist
2. international treaties, different national rules of conflict to resolve the same issue, there might
3. international mercantile customs and usages. occur the conflict of rules of conflict.
The uniform rules of conflict may be specified in bilateral or multilateral
F.1.1. Domestic Law sales contract may be governed simultaneously by the laws of treaties.
many countries. The bilateral treaties related to this issue are mutual legal assistance
Conflict of laws on contract forms: It is the case where the laws of agreements.
different countries comprise different rules on the form of the sales MULTILATERAL INTERNATIONAL AGREEMENTS to unify the rules of
contracts. conflict were usually adopted within the framework of an international
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organization, the most important of which was The Hague Conference on
Private International Law. UNIFORM RULES FOR COLLECTION” OR “URC”.
The relations between the seller and the remittance bank, between
HAGUE CONFERENCE is a permanent institution responsible for the unification of remitting and collecting banks; are usually governed by the ICC's Uniform
private international law on a global scale. Rules for Collection (the latest version is URC 522 published in 1995),.
F.1.2.b. INTERNATIONAL MERCANTILE CUSTOMS AND USAGES F.2.a. Parties in Documentary Collection
a whole of unwritten rules generated from the acts/behaviors of When payment is to be made by documentary collection, the parties to the
merchants and were considered as the law by them. operation are:
important source of law governing sales contracts.
They have been recognized and widely applied to business activities on a a. The principal (usually the drawer) - the seller who prepares the
regional or a global scale. collection documents and delivers them to his/her bank with collection
The international mercantile customs and usages usually govern specific instructions.
issues, such as the transfer of risk from the seller to the buyer, the b. The remitting bank - normally the seller's bank which forwards the
obligations of each party related to the transport and insurance of goods, documents together with the seller's instructions to the collecting bank.
etc. c. The collecting bank - is any bank (other than the remitting bank)
involved in the processing of the collection and would normally be the
F.1.2.c. Other Legal Sources remitting bank's correspondent in the buyer's country.
MODEL CONTRACTS AND GENERAL PRINCIPLES OF CONTRACT LAW are other d. The presenting bank - normally the buyer's bank, which presents the
sources of law, which are also becoming increasingly important in governing collection to the drawee (buyer) and collects the payment, or obtains
international commercial contracts in general and sales contracts, having a legal the acceptance, from the drawee. The collecting and presenting banks
effect similar to international mercantile customs and usages. are often one and the same bank.
e. The drawee - the buyer to whom the documents are presented for
Firstly, MODEL CONTRACTS it is necessary to distinguish a model contract drafted payment or acceptance.
by a professional association, from one provided to the parties by an independent
organization. As soon as shipment is made, the seller draws a sight or term bill on
Secondly, GENERAL PRINCIPLES OF CONTRACT LAW, they have been usually the overseas buyer, attaches the shipping documents (usually in
principles extracted from international business practices recognized and applied duplicate), and hands these to his/her bank (remitting bank)
by traders in their international contracts transactions, and have considered together with instructions as to the manner in which the collection is
popular. to be handled. The seller's bank forwards the bill and documents to
the collecting bank according to the instructions passed to it by the
'DOCUMENTARY BILLS' denotes a bill of exchange accompanied by seller. If the seller draws a sight or an on demand bill, the
shipping documents and is intended to be accepted or paid in exchange instructions would be for documents to be released only against
for those documents. payment (D/P). In the case of a term bill, the instructions would
'CLEAN' BILL, that is, a bill of exchange. usually be for documents to be released against acceptance of the bill
DOCUMENTARY BILL is a bill of exchange to which the bill of lading (or (D/A) with subsequent presentment for payment on the due date.
other documents of title) is attached. The collecting bank should keep the remitting bank regularly
informed of the status of the bill. However, collecting banks in some
A BILL OF EXCHANGE (also known as a draft), along with others (for example, countries may be quite lax in their status advices; the remitting bank
cheques) belongs to the class of document known as negotiable instruments. is often required to initiate these enquiries.
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ISSUING BANK means the bank that issues a credit at the request of an
BILL OF EXCHANGE is discounted when the bank credits the seller's account with applicant or on its own behalf;
the full amount of the bill (less any banking charges), or when the bank agrees to HONOUR means:
advance to the seller a percentage of the face value of the bill but withholds the o To pay at sight if the credit is available by sight payment;
balance until the bill is paid by the buyer. o To incur a deferred payment undertaking and pay at maturity if the creditis
available by deferred payment;
DOCUMENTARY CREDITS o To accept a bill of exchange ('draft') drawn by the beneficiary and pay at
(also known as “commercial credits” or “letters of credit”) are maturity if the credit is available by acceptance.
preferred alternatives to a documentary bill. COMPLYING PRESENTATION means a presentation that is in accordance
widely used across the world. Their popularity in international commerce with the terms and conditions of the credit, the applicable provisions of
has led judges to describe them as “the life blood of international these rules and international standard banking practice.
commerce” F.2.b. Types of Documentary Credits
1. Irrevocable and Revocable Credits
From the scope of application above, three legal matters should be a. IRREVOCABLE CREDIT constitutes a definite undertaking by
taken into consideration. the issuing bank that it will honour the credit, provided that there is a complying
presentation of the documents specified in the credit (UCP 600 Articles 2 and 7(a)).
1. UCP Rules Apply to Documentary Credit b. REVOCABLE CREDIT credit that may be cancelled or the terms
The application of the UCP is widely discussed and focuses on what a altered at any time without the consent of the beneficiary. UCP 500, an earlier
'documentary credit' actually means. The UCP also applies to a standby letter of version of the UCP 600 and one that does extend to revocable credits.
credit; the practice of international commerce has indicated, however, that it is
ill-suited to that type of letter of credit and the traders are unwilling to apply
2. Unconfirmed and Confirmed Credits
the UCP to standby letters of credit.
CONFIRMATION definite undertaking of the confirming bank, in addition to that of
2. Applied in the Case where the Text of the Credit Expressly
the issuing bank, to honor or negotiate a complying presentation.”
Indicates that It Is Subject to These Rules
3. The UCP Is Binding on All Parties thereto unless Expressly
3. Sight Payment, Acceptance and Deferred Payment Credits
Modified or Excluded by the Credit
PAYMENT AT SIGHT - the bank undertakes to pay the seller (the
beneficiary under the credit) upon presentation of the specified
DOCUMENTARY CREDIT may also be described as an advice issued by a
documents.
bank authorizing the payment of money to a named party, the beneficiary,
DEFERRED PAYMENT - the bank undertakes to pay the seller at some
against delivery by the beneficiary of specified documents (usually
future date determined in accordance with the terms of the credit,
accompanied by a bill of exchange for the amount to be paid) evidencing
the shipment of described goods. 'DEFERRED PAYMENT' CREDIT future payment by the bank is to be
made other than against an accepted bill of exchange (acceptance credit)
CREDIT means any arrangement, however named or described, that is
irrevocable and thereby constitutes a definite undertaking of the issuing ACCEPTANCE CREDIT - the bank undertakes to accept bills of exchange
bank to honor a complying presentation.' drawn on it by the seller.
DOCUMENTARY CREDITS means credits (within the meaning in this
4. Straight (or Special Advised) Credits and Negotiation Credits
Article 2) that arrange payment by the buyer ('the applicant') to the seller
('the beneficiary') against the presentation of specified documents (that is STRAIGHT CREDITS, the issuing bank's payment undertaking is directed
why this type of credit is known as 'documentary'). solely towards the seller.
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NEGOTIATION CREDITS, the issuing bank's payment undertaking is not 'ON DEMAND' The terms performance bond and performance guarantee.
confined to the seller; it extends to the nominated bank authorized to Performance bond or demand guarantee) (hereinafter the 'demand
negotiate to purchase the bill of exchange drawn by the seller. guarantee').
If the documents conform to the terms of the credit, the advising bank (as a
Article 2 of the UCP reads: nominated bank or confirming bank) will:
NEGOTIATION means the purchase by the nominated bank of drafts (i) pay the contract price;
(drawn on a bank other than the nominated bank) and/or documents (ii) incur a deferred payment undertaking and pay at maturity;
under a complying presentation, by advancing or agreeing to advance (iii) accept a bill of exchange and pay at maturity;
funds to the beneficiary on or before the banking day on which (iv) negotiate a bill of exchange drawn for the price, and seek reimbursement from
reimbursement is due to the nominated bank. the issuing bank;
F.2.d.The Contracts Arising out of a Documentary Credit Transaction
5. Red Clause and Green Clause Credits Firstly, there is the underlying sales contract between the seller and
RED CLAUSE CREDITS are those allowing the seller to draw on the buyer.
documentary credit in advance of shipment. Secondly, when the issuing bank agrees to act upon the instructions of the
GREEN CLAUSE CREDITS came to be used in the coffee trade in Zaire and buyer, a contract comes into existence between them.
operate similarly to 'red clause' credits. Thirdly, when a correspondent bank agrees to act upon the instructions
of the issuing bank, and advises or confirms the credit, there is contractual
6. Revolving Credits relationship between the issuing bank and the correspondent bank.
o Instead of a credit being for a fixed amount or for a fixed time, it Finally, the payment undertakings given to the seller by the issuing and
may revolve around value or time. confirming banks in a documentary credit transaction are contractual in nature.
o enables the beneficiary to present the documents as often as
s/he wishes during the credit period so long as the overall limit ISSUING BANK is irrevocably bound to honor as of the time it issues the
specified in the credit is not exceeded. credit.
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2. The second involves acquiring or merging with an existing firm in the BRANCH OF ECONOMIC THEORY known as INTERNALIZATION THEORY (also
foreign country. known as the market imperfections approach)
seeks to explain why firms often prefer foreign direct investment over
A. Foreign Direct Investment in the World Economy licensing as a strategy for entering foreign markets.
FLOW OF FDI refers to the amount of FDI undertaken over a given time
period (normally a year). The Pattern of Foreign Direct Investment
STOCK OF FDI refers to the total accumulated value of foreign-owned 1. STRATEGIC BEHAVIOR
assets at a given time. One theory is based on the idea that FDI flows are a reflection of strategic
OUTFLOWS OF FDI, meaning the flow of FDI out of a country rivalry between firms in the global marketplace.
INFLOWS OF FDI, the flow of FDI into a country. OLIGOPOLY is an industry composed of a limited number of large firms.
2. THE PRODUCT LIFE CYCLE
FDI has grown more rapidly than world trade and world output for several reasons Raymond Vernon’s product life-cycle theory also is used to explain FDI.
1. protectionist pressures. Vernon argued that often the same firms that pioneer a product in their
2. the political and economic changes home markets undertake FDI to produce a product for consumption in
foreign markets.
GROSS FIXED CAPITAL FORMATION summarizes the total amount of capital
invested in factories, stores, office buildings, and the like. THE ECLECTIC PARADIGM
British economist John Dunning champions the eclectic paradigm.
B. The Theory of Foreign Direct Investment discussed above, location-specific advantages
1. entering a foreign market when two other alternatives, exporting and
licensing, are open to it. PRAGMATIC NATIONALISM political ideology toward FDI within a nation has
2. why firms in the same industry often undertake foreign direct investment ranged from a dogmatic radical stance that is hostile to all inward FDI at one
at the same time extreme to an adherence to the noninterventionist principle of free market
3. third theoretical perspective, known as the eclectic paradigm, attempts economics.
to combine the two other perspectives into a single holistic explanation of
foreign direct investment is eclectic. THE RADICAL VIEW traces its roots to Marxist political and economic
theory.
EXPORTING involves producing goods at home and then shipping them to Three reasons seem to account for this trend:
the receiving country for sale. (1) the collapse of communism in Eastern Europe;
LICENSING involves granting a foreign entity (the licensee) the right to (2) the generally abysmal economic performance of those countries that
produce and sell the firm’s product in return for a royalty fee on every embraced the radical position and a growing belief by many of these
unit sold. countries that FDI can be an important source of technology and jobs and
can stimulate economic growth; and
So why do so many firms apparently prefer FDI over either exporting or (3) the strong economic performance of those developing countries that
licensing? The answer can be found by examining the limitations of exporting embraced capitalism rather than radical ideology.
and licensing as means for capitalizing on foreign market opportunities. THE FREE MARKET VIEW traces its roots to classical economics and the
international trade theories of Adam Smith and David Ricardo.
LIMITATIONS OF EXPORTING the viability of an exporting strategy is often PRAGMATIC NATIONALISM many countries have adopted neither a
constrained by transportation costs and trade barriers. radical policy nor a free market policy toward FDI.
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HOST-COUNTRY BENEFITS Second, benefits to the home country from outward FDI arise from
The main benefits of inward FDI for a host country arise from resource- employment effects.
transfer effects, employment effects, balance-of-payments effects, and Third, benefits arise when the home-country MNE learns valuable skills
effects on competition and economic growth. from its exposure to foreign markets that can subsequently be transferred
back to the home country.
RESOURCE-TRANSFER EFFECTS Foreign direct investment can make a positive Home-Country Cost
contribution to a host economy by supplying capital, technology, and management The home country’s balance of payments may suffer in three ways.
resources that would otherwise not be available and thus boost that country’s First, the balance of payments suffers from the initial capital outflow
economic growth rate. required to finance the FDI.
Second, the current account of the balance of payments suffers if the
purpose of the foreign investment is to serve the home market from a low-
EMPLOYMENT EFFECTS Another beneficial employment effect claimed for FDI is cost production location.
that it brings jobs to a host country that would otherwise not be created there. Third, the current account of the balance of payments suffers if the FDI is
a substitute for direct exports.
BALANCE-OF-PAYMENTS EFFECTS FDI’s effect on a country’s balance-of-
payments accounts is an important policy issue for most host governments. E. Government Policy and FDI
Home-Country Policies
EFFECT OF COMPETITION AND ECONOMIC GROWTH
ENCOURAGING OUTWARD FDI The types of risks insurable through
Economic theory tells us that the efficient functioning of markets depends
these programs include the risks of expropriation (nationalization), war
on an adequate level of competition between producers.
FDI’s impact on competition in domestic markets may be particularly losses, and the inability to transfer profits back home. \
important in the case of services, such as telecommunications, retailing, RESTRICTING OUTWARD FDI limit capital outflows out of concern for
and many financial services, where exporting is often not an option the country’s balance of payments.
because the service has to be produced where it is delivered. Host-Country Policies
ENCOURAGING INWARD FDI offer incentives to foreign firms to invest in
Host-Country Costs their countries. Such incentives take many forms, but the most common
Three costs of FDI concern host countries. are tax concessions, low-interest loans, and grants or subsidies.
ADVERSE EFFECTS ON COMPETITION Host governments sometimes INCENTIVES are motivated by a desire to gain from the resource-transfer
worry that the subsidiaries of foreign MNEs may have greater economic and employment effects of FDI.
power than indigenous competitors. RESTRICTING INWARD FDI wide range of controls to restrict FDI in one
ADVERSE EFFECTS ON THE BALANCE OF PAYMENTS The possible way or another. The two most common are ownership restraints and
adverse effects of FDI on a host country’s balance-of-payments position performance requirements. OWNERSHIP RESTRAINTS can take several
are twofold. forms. In some countries, foreign companies are excluded from specific
NATIONAL SOVEREIGNTY AND AUTONOMY Some host governments fields.
worry that FDI is accompanied by some loss of economic independence.
MODULE 6.
Home-Country Benefits THE FOREIGN EXCHANGE MARKET
The benefits of FDI to the home (source) country arise from three sources. FOREIGN EXCHANGE MARKET is a market for converting the currency of
First, the home country’s balance of payments benefits from the inward one country into that of another country.
flow of foreign earnings.
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EXCHANGE RATE is simply the rate at which one currency is converted The rate at which a foreign exchange dealer converts one currency into
into another. another currency on a particular day.
Changes in spot exchange rates can be problematic for an international
A.1.The Functions of the Foreign Exchange Market business.
1. Currency Conversion CURRENCY SWAP
Each country has a currency in which the prices of goods and services are The simultaneous purchase and sale of a given amount of foreign
quoted. exchange for two different value dates.
When a tourist changes one currency into another, she is participating in
the foreign exchange market. The exchange rate is the rate at which the A.2.The Nature of the Foreign Exchange Market
market converts one currency into another. The foreign exchange market is not located in any one place. It is a global
TOURISTS are minor participants in the foreign exchange market; network of banks, brokers, and foreign exchange dealers connected by
companies engaged in international trade and investment are major ones. electronic communications systems.
Two features of the foreign exchange market are of particular note.
International businesses use foreign exchange markets in four main ways. the market never sleeps.
First, the payments a company receives for its exports, the income it the important role played by the U.S. dollar.
receives from foreign investments.
Second, international businesses use foreign exchange markets when they A.3.Economic Theories of Exchange Rate Determination
must pay a foreign company for its products or services in its country’s currency. exchange rates are determined by the demand and supply of one currency
Third, international businesses also use foreign exchange markets when relative to the demand and supply of another.
they have spare cash that they wish to invest for short terms in money markets.
The Law of One Price
CURRENCY SPECULATION The law of one price states that in competitive markets free of
another use of foreign exchange markets. transportation costs and barriers to trade (such as tariffs), identical
typically involves the short-term movement of funds from one currency to products sold in different countries must sell for the same price when
another in the hopes of profiting from shifts in exchange rates. their price is expressed in terms of the same currency.
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