Folsom Ralph Haughwout - International Business Transactions in a Nutshell

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JESSE H. CHOPER

Professor of Law and Dean Emeritus,
University of California, Berkeley

JOSHUA DRESSLER

Distinguished University Professor, Frank R. Strong Chair in Law
Michael E. Moritz College of Law, The Ohio State University

YALE KAMISAR

Professor of Law Emeritus, University of San Diego
Professor of Law Emeritus, University of Michigan

MARY KAY KANE

Professor of Law, Chancellor and Dean Emeritus,
University of California, Hastings College of the Law

LARRY D. KRAMER

President, William and Flora Hewlett Foundation

JONATHAN R. MACEY

Professor of Law, Yale Law School

ARTHUR R. MILLER

University Professor, New York University
Formerly Bruce Bromley Professor of Law, Harvard University

GRANT S. NELSON

Professor of Law, Pepperdine University

Professor of Law Emeritus, University of California, Los Angeles

A. BENJAMIN SPENCER

Earle K. Shawe Professor of Law,
University of Virginia School of Law

JAMES J. WHITE

Robert A. Sullivan Professor of Law Emeritus,
University of Michigan

TENTH EDITION

RALPH H. FOLSOM

Professor of Law
University of San Diego School of Law

MICHAEL WALLACE GORDON

John H. and Mary Lou Dasburg
Professor of Law Emeritus
University of Florida Levin School of Law

MICHAEL P. VAN ALSTINE

Professor of Law
University of Maryland
Francis King Carey School of Law

MICHAEL D. RAMSEY

Professor of Law and Director of International and
Comparative Law Programs
University of San Diego School of Law

The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

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ISBN: 978-1-63459-893-4

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International Business Transactions in a Nutshell introduces the basic legal aspects of private transactions for international sale of goods and international investment. It commences with a general introduction to international business, followed by a chapter on international business negotiations, and thereafter focuses on documentary international sales and letters of credit, transfers of technology, foreign investment, expropriations, extraterritorial regulation and anti-corruption law. Its concluding chapter provides a brief overview of private transnational dispute resolution, principally through litigation and arbitration.

This Tenth Edition of the Nutshell has been updated to include new cases, legislation, and developments relating to international business through early 2016. It has also been expanded to include an overview of important extraterritorial regulations by the United States and the European Union (Chapter 8) plus a new chapter on the U.S. Foreign Corrupt Practices Act (FCPA) and the OECD Anti-Bribery Convention (Chapter 9).

A closely related resource is International Trade and Economic Relations in a Nutshell (6th ed. 2016) by three of the same authors. It focuses principally on government controls on imports and exports, customs unions and free trade agreements, trade remedies, and the law and economic relations of the World Trade Organization, the European Union, IV and the North American Free Trade Agreement (NAFTA). The two Nutshells together provide a broad introduction to the people and institutions who practice international business law, and the government and multilateral organizations that both encourage and restrict international trade and economic relations.

For those who wish to explore these topics in greater depth, our International Business Transactions: A Problem-Oriented Coursebook (12th ed. 2015) provides problems, excerpts from cases and other legal materials, questions and further discussion. An additional resource is our Principles of International Business Transactions (Wests Concise Hornbook Series, 3d ed. 2013) (the fourth edition is forthcoming in 2016).

In preparing these volumes, we are grateful for the advice and assistance we have received from colleagues at our own law schools and others both in this country and abroad, from student research assistants, and from persons in practice. We welcome continued suggestions for the next edition.

RALPH. H. FOLSOM

rfolsom@sandiego.edu

MICHAEL WALLACE GORDON

Gordon@law.ufl.edu

MICHAEL P. VAN ALSTINE

MVanAlst@law.umaryland.edu

MICHAEL D. RAMSEY

mramsey@sandiego.edu

April 2016

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ACE American Ins. Co. v. Bank of the Ozarks .. 255

Adel Precision Products Corp. v. Grand Trunk Western R. Co 178

Ahlstrom and Others v. Commission 397

Alfred Dunhill of London, Inc. v. Republic of Cuba . 374

American Almond Products Co. v. Consolidated Pecan Sales Co., Inc 457

American Banana Company v. United Fruit Company . 385

Archer Daniels Midland Co. v. JP Morgan Chase Bank, N.A. 259

Asahi Metal Industry Co., Ltd. v. Superior Court 428

Banco Espaol de Credito v. State Street Bank and Trust Co 229

Banco Nacional de Cuba v. Chase Manhattan Bank . 362

Banco Nacional de Cuba v. Sabbatino . 362, 373

Beanal v. Freeport-McMoran, Inc. 389

Belgium v. Spain . 362

Benton v. Cameco Corp.. 429

Berisford Metals Corp. v. S/S Salvador . 185

BG Group, PLC v. Republic of Argentina .. 371, 465

BP Oil Intl, Ltd. v. Empresa Estatal Petroleos de Ecuador .. 49

Buckeye Check Cashing, Inc. v. Cardegna .. 464

Capital Venture International v. Republic of Argentina 373

Carnival Cruise Lines, Inc. v. Shute 424

Chicago Prime Packers, Inc. v. Northam Food Trading Co.. 83

Daimler AG v. Bauman .. 428

DiFederico v. Marriott Intl, Inc. 437

Dynamics Corp. of America v. Citizens & Southern Nat. Bank 241, 251

EEOC v. Arabian American Oil Co.. 384

F. Hoffmann-La Roche Ltd. v. Empagran S.A 385

Filrtiga v. Pea-Irala .. 388

First Options of Chicago, Inc. v. Kaplan 465

Foremost-McKesson, Inc. v. Islamic Republic of Iran 373

Germany v. Poland . 362

Goodyear Dunlop Tires Operations, S.A. v. Brown . 428

Google Spain SL and Google Inc. v. Agencia Espaola de Proteccin de Datos and Mario Costeja Gonzlez . 391

Ground Air Transfer, Inc. v. Westates Airlines, Inc.. 255

Hadley v. Baxendale . 105

Hanil Bank v. PT. Bank Negara Indonesia . 224

Hanwha Corp. v. Cedar Petrochemicals, Inc. 49