True/False 1. Trademark law protects works of original authorship. 2. Internatio

Question

True/False

1. Trademark law protects works of original authorship.

2. International licensing agreements generally pose fewer financial and legal risks than foreign direct investment.

3. The customary law rules that govern treaties are now codified in the Vienna Convention on the Law of Treaties.

4. A self-executing treaty is one that authorizes application and enforcement of the treaty by American courts and other institutions in determining the rights and interests of private individuals and corporation, as well as the rights and interests of the countries that are signatory parties to the treaty.

5. The general philosophy underlying the United Nations Charter is that relationships of member nations are to be governed by the rule of law.

6. The U.S. Constitution is the supreme law of the United States, however, ratified treaties and federal statutory and common law also have priority over state statutory, common and administrative law.

7. The Commerce Clause is in Article I Section 8 of the U.S. Constitution. It has been the legal basis for the enactment and enforcement of virtually all U.S. federal regulatory laws.

8. The U.S. Constitution refers to international law mainly through references to treaties (in the Treaty Clause, and elsewhere) and by one reference to “the law of nations.”

9. Hugo Grotius, “the father of international law, published two especially influential books – The Law of War and Peace, and Law of the Sea.

10. Three fundamental principles of Grotius’s international law system were: pacta sunt servanda; freedom of the seas; and the duty of restitution (or reparations) for damages caused to other nation-states.

Explanation / Answer

Hi,

Here are the explanations to the answers.

1. False. Trademark Law is applicable on symbols or logos. Copyright law covers protects work of original authorship.

2. True. Foreign direct investment come with a high degree of socio-political risk. International licensing agreements are generally less riskier and provide insights about the potential customers.

3. True. The VCLT has been ratified by 116 states as of January 2018.

4. False. The Senate, the Executive Branch and the President form the american courts and institutions who ratify and implement the treaty, but have limited control over the signatory participants of the treaty.

5. True. The United Nations charter is a constituent treaty, and all members are bound by its articles.

6. True. The Supremacy Clause in the constitution establishes this dominance.

7. False. The law has much more restricted use now as compared to the Marshal Court Era.

8. True. The law of nations as well as the Treaty Clause form most of US references to international law.

9. True. The original name of "law of the sea" was Mare Liberum.

10. False. The duty of restitution was not a fundamental principle.  

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