International Business Law and Ethics

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International Business Law and Ethics

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Part A
Question 1
Issue
What are the ethical approaches which are used by Donald Trump while making his
decision?
Rule
The Consequentialism or Utilitarianism ethical theory is part of normative ethical theories.
This theory argues that the morality of a situation is judged not by the actions taken by the
parties; instead, it is analysed based on the consequences of those actions (Mulgan, 2014).
The key element of this theory provides that ethical actions assist in achieving greater
happiness for a large number of people. As long as this element is fulfilled, the actions taken
by parties are justified even if they are considered as illegal (Westermarck, 2017).
Application
The decision taken by Donald Trump to blacklist Huawei is taken in order to ensure that the
company did not use its products to sell trade secrets, listens to the conventions of the US
military and spy on the US. These actions adversely harm the interest of millions of people
living in the US. Thus, this action is considered as ethical as per the principles of
Utilitarianism ethical theory. The key element is present in this scenario because this action
benefits a greater number of people living in the United States by ensuring that their private
data is not leaked by Huawei to the Chinese government which leads to negative
consequences.
Conclusion
To conclusion, the Utilitarianism ethical approach is used by Trump when he made the
decision to ban Huawei.
Question 2
Issue

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What ethical approach can Huawei use in order to challenge the decision made by President
Trump?
Rule
Kantian ethical approach or Deontology ethical theory was given by Immanuel Kant who
argued that the morality of a situation is judged based on the fact whether the parties have
violated their duties or not (Dion, 2012). This theory provides an opposing view than
compared to the Consequentialism by arguing that in order to create a just and ethical
society, it is important to ensure that people must comply with their duties. Kant provided
that every if the actions taken by a person leads to positive consequences is considered as
unethical in case he/she violates his/her moral duties while taking such decision (Crossan,
Mazutis and Seijts, 2013). This theory judges the maxim (moral behind taking the decision)
of parties in order to decide whether such action is ethical or not.
Application
The decision taken by President Trump to blacklist Huawei is made with any constructive
evidence against the company that prove its involvement with the Chinese government to
spy on the United States through its products. By blacklisting Huawei, the duty owed by the
President to protect the interest of corporations is violated, and his maxim is to benefit the
United States by negatively affecting Huawei. Thus, Huawei can argue based on the Kantian
ethical approach that this decision is not ethical since it violated the duties of President
Trump.
Conclusion
In conclusion, Huawei rely on Deontology ethical approach in order to challenge the
decision made by President Trump

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Part 2
Question 3
Issue
Whether the electronic contract made between Kettle Black and PuriTea is governed by the
provisions of the “United Nations Convention on the Use of Electronic Communications in
International Contracts” or Electronic Communications Convention (ECC)?
Rule
Article 1 of the ECC provides that it applies to “electronic communications” which are
formed between parties in which one of the parties has their place of business within a
Contracting State (Castellani, 2016). These provisions given in ECC applies only on
commercial contracts, and they did not apply on deeds of title, personal and family matters
as given under Article 2.
Application
Australia is a part of ECC, and it has implemented the Electronic Transactions Act 1999 (Cth)
in order to comply with these provisions. Since Kettle Black is operating in Australia, this
commercial contract is governed by ECC as per article 1.
Conclusion
In conclusion, the contract is governed by ECC since Australia is a part of ECC, and the
provisions given under Article 1 apply in this scenario.
Question 4
Issue
Whether a valid contract is formed between Kettle Black and PuriTea?
Rule
The ECC only provides provisions regarding the validity and enforceability of electronic
contracts, and it did not provide provisions regarding the determination of when offers and