Международное право

• Номер работы:
  1734647
• Раздел:
  Все работы   →   Билеты к экзамену   →   Международное право
• Год добавления:
  02.06.2026 г.
• Объем работы:
  17 стр.
• Содержание:
  International and Business Law
  
  Case 1: Dispute under an International Sale of Goods Contract
  
  Situation: Company “Alpha,” based in Country A, entered into a contract with company “Beta” from Country B for the supply of 500 units of equipment. According to the contract, the equipment should have been delivered within 60 days. However, the delivery was delayed by 30 days, and after delivery it turned out that 10% of the equipment had minor defects.
  
  Task:
  
  1. Identify which contractual terms were violated.
  
  2. Determine which norms (e.g., the United Nations Convention on Contracts for the International Sale of Goods) may be applicable in this situation.
  
  3. Propose possible ways to resolve the dispute (compensation for losses, partial price reduction, or a demand for a replacement shipment of quality goods).
  
  Case 2: Investment Dispute Due to Changes in Tax Legislation
  
  Situation: A foreign investor from Country A invests funds in the construction of a plant in Country B. One year after the investment began, the government of Country B unilaterally changes its tax legislation, resulting in a significant increase in the tax burden and a decrease in the investor’s profits. (BIT of A and B countries are identical to BIT of Kazakhstan-Kyrgyzstan BIT (2024))
  
  Task:
  
  1. Analyze how the change in tax legislation may violate the principles of a stable investment climate.
  
  2. Determine which doctrines exist to protect the investor in such cases.
  
  3. Consider possible ways to resolve the dispute, for example, through international arbitration (ICSID).
  
  Case 3: Issues in Cross-Border Delivery of Goods and Customs Clearance.
  
  Situation: A company from Country A exports a batch of agricultural products to Country B. At the customs of Country B, the shipment is detained due to non-compliance of the product labeling with national requirements, leading to delivery delays and additional expenses.
  
  Task:
  
  1. Identify which norms of international trade law (e.g., WTO provisions) may regulate issues of labeling and customs clearance.
  
  2. Determine possible ways to resolve the dispute (redesigning the labeling, applying for temporary release procedures, or resorting to court or arbitration for compensation of losses).
  
  Case 4: Dispute over Taxation of Digital Services in E-Commerce
  
  Situation: An online platform from Country A sells digital content to customers in Country B. Tax authorities in Country B demand V AT on sales, citing the presence of “digital presence” on their territory, whereas the platform asserts that it does not have a physical establishment.
  
  Task:
  
  1. Analyze the criteria for establishing a tax base for digital services according to international standards (e.g., OECD recommendations).
  
  2. Propose recommendations for the platform to optimize its tax obligations and resolve the dispute with tax authorities.
  
  Case 5: Dispute over Royalty Calculations in a Technology Transfer AgreementSituation: Company “TechInnovation” from Country A entered into an agreement with company “NovaTech” from Country B regarding technology transfer. The agreement provides for a royalty payment system based on the volume of sales of the final product. Subsequently, a dispute arose regarding the correct calculation of royalties and the share due to each party.
  
  Task:
  
  1. Determine which key clauses should be included in the agreement to regulate the calculation of royalties.
  
  2. Consider possible legal mechanisms for resolving the dispute (e.g., negotiations, mediation, or arbitration).
  
  3. Propose ways to adjust the calculation scheme taking into account the interests of both parties and international practices.
• Выдержка из работы:
  Некоторые тезисы из работы по теме Международное право
  Case 1: Dispute under an International Sale of Goods Contract
  Situation: Company “Alpha,” based in Country A, entered into a contract with company “Beta” from Country B for the supply of 500 units of equipment. According to the contract, the equipment should have been delivered within 60 days. However, the delivery was delayed by 30 days, and after delivery it turned out that 10% of the equipment had minor defects.
  Task:
  1. Identify which contractual terms were violated.
  2. Determine which norms (e.g., the United Nations Convention on Contracts for the International Sale of Goods) may be applicable in this situation.
  Decision:
  1. The terms of delivery time and quality of goods were violated.
  2. The UN Convention on Contracts for the International Sale of Goods (Vienna Convention 1980) applies. According to Art. 1 of the Convention, it applies to contracts for the sale of goods between parties whose places of business are in different States, where those States are Contracting States or where, under the rules of private international law, the law of a Contracting State applies
  
  CASE 2
  
  Situation: A foreign investor from Country A invests funds in the construction of a plant in Country B. One year after the investment began, the government of Country B unilaterally changes its tax legislation, resulting in a significant increase in the tax burden and a decrease in the investor’s profits. (BIT of A and B countries are identical to BIT of Kazakhstan-Kyrgyzstan BIT (2024))
  Task:
  1. Analyze how the change in tax legislation may violate the principles of a stable investment climate.
  2. Determine which doctrines exist to protect the investor in such cases.
  3. Consider possible ways to resolve the dispute, for example, through international arbitration (ICSID).
  Decision:
  1. Increasing the tax burden affects the solution to the problem, since it directly reflects the return on investment and business efficiency. High tax rates, especially on profits and dividends, can reduce a country"s investment attractiveness, as well as influence business behavior. To reduce the importance of the ratio of profitability and tax burden, which leads to a choice with softer countries and tax regimes. For example, Ireland has one of the lowest levels of economic growth in Europe - 12.5%, which the country receives from most international corporations, including the largest companies in technology and finance. In contrast, countries with high tax policies implement risk reduction measures, especially in competitive industries.