International Business Law – ibus 2335 Fall 2012 crn



Download 41.55 Kb.
Date16.03.2019
Size41.55 Kb.
#83465
International Business Law – IBUS 2335

Fall 2012

CRN: 83502

A, Course Overview:

This course is intended to introduce you the basic legal frameworks and documentation process governing international business with the focus on both Private International Law and Public International Law. In the company of theses focuses, this course will discuss in some depth the two main subjects: (1) International Sale contract (UCC Law), (2) WTO law and regulation. In addition, the other important aspects of international business law such as: law of carrier of goods, letter of credit law, agency/ international-marketing law, business organization law, Intellectual property law will also be introduced.

In addition, the domestic laws of the U.S. and the domestic laws of Vietnam which directly relating to international business are also introduced. The comparative law approach will be pioneered. The main task is to introduce comparable Vietnam law in addition to the US law to bring you with relevant and practical legal knowledge. Students are expect to use English version of Vietnamese laws

B, Class Time:


  • Mon: 14:40 – 16:10, 16:20 – 17:50

  • Room: 202 – Saigontech Tower, Quang Trung campus

C, Instructors Information:

  • Phan Dinh Tuan Anh

  • Email: tuananh@thien-an.co                                                                                

D, Core Student Learning Outcomes (SLOs):

  • SLO 1: To comprehend the importance international legal issues and some aspect of ethics in international business context

  • SLO 2: To demonstrate the abilities to understanding and applying properly legal concepts to issue solve international business transactions and legal documentations.

  • SLO 3: To describe the political legal environment of various countries or regions;

  • SLO 4: To select the most appropriate legal organization, legal assistance in a particular area or for a particular purpose

  • SLO 5: To have awareness about the strategies to mitigate the legal risks while maximizing the competitiveness advantages of firms along with sustainable development awareness

  • SLO6: To demonstrate professional English communication skills by conducting oral presentations, leading group discussions, reading case law, and submitting well-structure essays with citation.            

        

E, Course Material:

There are two text-books required for this course.



Main textbook 

  • Schaffer, Agusti, Earl 2009, “International Business law and Its environment - Seventh Edition”, South-Western Legal Studies in Business

Supplemental textbook:

  • Kubsek, Browne, Herron, Mayer, Barkacs, Dhoogle, Williamson 2009, “Dynamic Business Law”Mcgraw-hill

References on Uniform Code of Commerce law:

  • (Article 2: Sale Contract) http://www.law.cornell.edu/ucc/2/article2.htm#s2-101

  • Vietnam Laws library: www.luatvietnam.vn/

Further reading on International Business Ethics: 

  • Boatright.J 2006, Ethics and The Conduct of business, Pearson Hall

  • Thiroux & Krasemann 2009, Ethics: Theory and Practice

  • H.H Dalai Lama 1999, Ethics for the New Millennium

F, Anti-plagiarism Policy: 

This course requires student to follow either Harvard style or Foot-notes system to avoid plagiarism in all assignment. You are expected to paraphrase the original sentences and put the direct quotations from case law or other sources in quotation marks along with full citation. Assignment which is identified with serious and deliberate plagiarism will be assessed as “fail”. The length of direct quotations from case law and other material should not exceed 25% the total length of your assignment.

If you have any further question about citation systems, please do not hesitate to seek assistance from English department or from the course instructor.

G, Assessments:

Student performance will be assessed by the completion the following assessment:



  1. Class Participation:   10%

  2. Class Exercises (5 assignments x 6% each):    30%

  3. Group Presentation:     10%

  4. Mid-term Exam:     25%

  5. Final Exam:     25%

           Total:     100%

(For the assignment schedule, please see the syllabus below, for the grading scheme please see the student handbook)

1. Class Participation (10%):                                

For this assessment, students’ performance is assessed based on student’s participation in class discussion. This assessment has two forms of (1) Group Discussions and (2) Lecture participation:



(i) Group Discussions: Students are required to work in small groups in order to answer questions raised by the instructor regarding: case law or other legal issues.

(ii) Lecture participation: Students are also required to give the input to the lectures.

2. Class Exercises (30%):    

There will be five small assignments, 6% each, will be assigned to students during the course. Students can choose to do this assignment in group with the maximum member of 5 students per group. Students are expected to try their best to comply with anti-plagiarism policy. Students are required to use the Footnote- style and Harvard style for the citation.



3. Group Presentation (10%):

Every group is required to present their work in Class Exercises in front of the class once. The aim of this assessment is to examine the co-operation ability of students when dealing with legal issues as well as their ability to present and defend their arguments before the public

The same plagiarism policy applied for this assignment as for the class exercises.

4. Mid-term exam (25%):

The Mid-term exam consists of two parts: multiple choice questions section (40%) and essay section (60%). Please try your best to obey the examination rules as there will be no tolerance for cheating of any kind.



5.             Final exam (25%)

The Final exam consists of two parts: multiple choice questions section (40%) and essay section (60%). Please try your best to obey the examination rules as there will be no tolerance for cheating of any kind.

The final grade will be evaluated based on the final score as below:


Grade

Final Score

A

90-100

B

80-89

C

70-79

D

60-69

F

0-59

The passing grade of this course is D.

H, Course Syllabus:

Week 1

Lecture 1: Introduction to International Law and World legal System

 


 

Required reading:

  • International law and the World Legal Systems (Chp.2,  Main textbook)

Topics:

  • Course Overview

  • The basic concept of Private & Public International Law

  • Introduction to different tradition of national legal systems. 

  • Legal & ethical reasoning

  • Introduction to the course's objectives, course structure, teaching and studying approach

Learning Objectives:

  • To have the initial awareness of international law, different national legal traditions and their corresponding institutions arrangement; specifically have an overview of how judiciary branch operate in different countries (SLO 1&3)

  • To be able to understand and identify between: Civil issues/ and criminal issue (SLO 1)

  • To comprehend the approaches of Civil law system and Common Law system (SLO 1&3)

  • To understand the initial concept of Legal and ethical reasoning (SLO 2)

  • To appreciate the importance of understanding law and ethical issues in international business (SLO1)

 

 

 

Week 2

Lecture 2: Resolving International Commercial Disputes

 

Required reading:

  • Resolving International Commercial Disputes  (Chp. 3,  Main textbook)

Topics:   

  • International Arbitration

  • Alternative dispute resolution and litigation

  • Introduction to Conflict of Law,  Choice of law- Applicable law , Jurisdiction,  Venue,

  • Enforcement of Foreign Judgments  

Learning Objectives:

  • To understand basic the understanding of settling international business disputes in international context and the use of private arbitrations (SLO 2,4)

  • To understand the basic concepts of conflict of law, choice of law, jurisdiction and Venue and applying this knowledge to solve disputes in practical case. (SLO2)

  • To understand the strategy to avoid such disputes in negotiating and drafting contract.  (SLO 3,5)

 

 

 

Week 3

Lecture 3: Contract Law I

Agreement

 

Required reading:

  • Sale Contract and Excuses for Non-performance (Chp.4 , Main textbook)

  • Introduction to sales and lease contract (Chp.21, Supplemental textbook)

Further reading:

  • Agreement (Chp. 14, textbook)

Topics:

  • Definition and classification of contract

  • Offer & Acceptance framework

  • UCC law version of Offer& Acceptance framework

  • CISG and contract for international sale of good

Learning Objectives:

  • Understanding of definitions and basic elements of sale and lease contract (SLO 2,3)

  • To demonstrate the ability to conduct legal reasoning in order to identify valid and invalid contract  (SLO 2)

  • Knowing strategies avoid legal litigations in concluding the contract (SLO 5)

  • To be able to synthesize and to apply the studied knowledge to solve disputes in some practical cases. ( SLO 1,2)

 

Class exercise I (SLO 2,5,6)

 

Week 4

Lecture 4: Contract Law II

Title, Risk of Loss, and insurable interest  

 

 

Required reading:

  • Documentary sale and the Term of Trade (Chp.5, Main textbook)

  • Title, Risk of Loss, and insurable interest  (Chp.22, Supplemental textbook)

Topics:

  • The concept of title, insurable interest, and risk of loss during a breach of contract

  • Type of sale contract and trade term of intercom: FOB, CIF…

Learning Objectives:

  • Understating, documentary sale, different type of sale contract and its relationship with title, insurable interest and risk of loss. (SLO2,3)

  • Apply knowledge in the process of negotiating and drafting contract to avoid legal risks and establish  harmonious relationship (SLO 1,2,5)

  • Apply knowledge to solve disputes in some practical case. (SLO 2)

  • To select the most appropriate legal organization, legal assistance for commercial transaction issues ( SLO 4)

 

 

Class Exercise II (SLO2,3,5,6)

 

Week 5

Lecture 5: Contract Law III

Performance of Contract 

 

Required reading:

  • Sale Contract and Excuses for Non-performance (Chp.4 , Main textbook)

  • Performance and Obligation under sale and lease (Chp.23, Supplemental textbook)

Topics:

  • Performance obligation under UCC law and

  • Performance obligation under CISG law

Learning Objectives:

  • To understating contractual performance obligation under UCC law and CISG law and Vietnam law, the obligation of party after the delivery. (SLO 1,2,3)

  • To be able to apply this knowledge in the process negotiating and drafting contract to avoid dispute and expensive litigation (SLO 2,3 )

  • To be able to synthesize and to apply the studied knowledge (with legal and ethical reasoning) to solve disputes in some practical (SLO 2)

 

 

 

Week 6

Lecture 6: Contract Law IV

Breach of Contract, Excuses for Non-performance 

 

Required reading:

  • Remedies for Breach of Sale and Lease Contract (Chp.24, textbook)

Topics:

  • Discharge a contract ( performance/ material breach/ mutual agreement, operation of law)

  • Remedy

  • Issues in Vietnamese contract Law          

  • Brief overview about performance obligations of sale and lease contract & Remedy framework available for breach of sale and lease contract

Learning Objectives:

  • To understand different scenarios to discharge a contract along with  remedy framework available in different legal systems (SLO 1,2,3)

  • To comprehend  some basic strategies in drafting contract to deal with the issue of breach of contract and remedy (SLO 2,5)

  • To be able to synthesize and to apply the studied knowledge (with legal and ethical reasoning) to solve disputes in some practical cases and to know how to draft remedy or liquidated terms appropriately in the contract. (SLO 5) 

 

 

 

Week 6:

Consolidation + Exercises

 

Week 7

Mid-term Exam

 

Chapter 4&5 (main textbook)

Chapter 21, 22, 23, 24 (supplemental textbook)

 

Multiple Choices Exam: Closed book

Essay Exam: Open book (with permitted material)

 

Week 8

Lecture 7: International Business Transaction

Carrier of Good and Letter of Credit

 

Required reading:

  • Bank Collection, Trade Finance, and Letter of Credit (Chp.7, Main textbook)

  • The Carriage of Goods and the liability of air and Sea Carriers (Chp.6, Main textbook)

Topics:

  • Liability of International Air Carriers

  • Liability of Carriage of Good by Sea

  • Liability of Ocean Transportation Intermediaries

  • Marine Cargo Insurance

  • Issue with Letter of Credit

Learning Objectives:

  • To understand the liability of  carries in different modes of transportation (SLO 2,3)

  • To apply this knowledge to mitigate the legal risk in arrange international transportation contract and transactions (SLO 2,5)

  • To understand the legal and transactional issues with the letter of credit ( SLO 2)

  • To select the most appropriate legal organization, legal assistance for the issue relating to Transportation and L/C (SLO 4)

  • To be able to synthesize and to apply the studied knowledge (with legal and ethical reasoning) to solve disputes in some practical cases (SLO 1,2)

 

Class Exercise III (SLO 1,2,3,5,6)

 

Week 9

Lecture 8: GATT Law and the WTO Basic Principles

 

Required reading:

  • GATT Law and the World Trade Organization: Basic Principles (Chp.9, Main textbook)

  • Laws Governing Access to Foreign Markets (Chp.10)

Topics:

  • The notion of “Free Trade” technical barrier to international trade.

  • Introduction to GATT/WTO and Dispute Settlement Procedures and enforcement mechanism.

  • Major principle of GATT/WTO (Non-discrimination, MFN, National Treatment, GATT and Elimination of Tariff, “Like” product issue…)

  • Examining and discussing typical cases of WTO DSU.

  • Technical Barrier to Trade

  • The relationship between WTO law and national legislature powers.

Learning Objectives:

  • To be familiar with the basic of WTO’s principle, policy and legal reasoning (SLO 1,2,3)

  • To understand the implications of WTO accession for Vietnam economy and the implications for firms in competing in domestic and international market. ( SLO 1,3)

  • To mitigate legal risk and utilise the legal advantages ( e.g: Non discrimination)  in consistent with WTO law in conducting international and domestic market (SLO 2,5)

  • Know how to resolve issues and to seek legal aids for issue related to WTO law (SLO 4)

 

 

 

Week 10

Lecture 9: Regulating Import Competition and unfair trade

WTO Law 

 

Required reading:

  • Regulate Import Competition and Unfair Trade (Chp.11, Main textbook)

Topics:

  • Safeguard

  • Dumping and anti-dumping law

  • Subsidies and Countervailing Duties

  • Examining and discussing typical cases of WTO DSU,

  • Vietnam’s Anti-dumping case.  

Learning Objectives:

  • To understand about WTO’s law, US Law and other major market laws regarding the mechanism for unfair trade disputes (SLO 1,2,3)

  • To have critical awareness about  the strategies for firms and State to minimize the risk of being assessed as dumping and subsidizing  (SLO 2,5)

  • To know how to access to legal aid, to know the procedure of organization dealing with 

  • dumping and subsidy issues (SLO 4)

 

Class Exercise IV (SLO 1,2,3,4,6)

 

Week 11

Lecture 10: Agency Law and International Marketing

 

Required Reading:

  • International Marketing Law: Sales, Representatives, Advertising and Ethical Issue (Chp. 16, Main textbook)

  • Agency Formation and Duties (Chp. 33, supplemental textbook)

  • Liability to Third Parties and Termination (Chp. 34, supplemental textbook) 

Topics:

  • Introduction to agency law

  • Duties of agent and the duties of principal toward each other

  • Duties of agent and principal for third party

  • Termination of agency relationship

  • The application of agency law in international marketing and distribution.

Learning Objectives:

  • To understand the basic concept:  of agency relationship, and the right of duties of agent and principals, the liabilities of agent and principal’s to the third-parties; and know how to lawfully  terminate the agency relationship. (SLO 2,3)

  • To apply the agency law to the context  international   marketing and distribution (SLO 2,3)

  • To be able to synthesize and to apply the studied knowledge (with legal and ethical reasoning) to solve disputes in some practical cases of agency relationship. (SLO 2)

  • To understand some ethical and legal aspects in order to established harmonious and sustainable agent-principle relationship (SLO 2,5)

  • To select appropriate legal organization, assistance relating to agency law (SLO 4)




 

Class Exercise V (2,3,5,6)

 

Week 12

Lecture 11: Licensing Agreements and the protection of Intellectual Property Rights

 

Required reading:

  • Licensing Agreements and the protection of Intellectual Property Rights (Chp.17, Main textbook)

  • Intellectual Property (Chp. 12, supplemental textbook)

Further Reading:

  • Vietnam Law on Technology Transfer 2006 (download )

  • Vietnam Intellectual Property Law 2005 (download )

Topics:

  • Reasons for intellectual protection

  • Patent, Trademarks, copyright,

  • Franchising contract, licensing and  technology transfer contract

  • National administration of Intellectual property issue

  • International protection for intellectual property: Paris convention, Berne Convention, WIPO, WTO-Doha and TRIPS and their corresponding enforcement mechanism.

   

Learning Objectives:

  • To increase the awareness of the content and the importance of intellectual property law in international business context ( SLO 1,2,3)

  • To know  the  appropriate legal organization ( and its respective procedures), to seek legal assistance with the issue relating to intellectual property (SLO 4)

  • To be able to synthesize and to apply the studied knowledge (with legal and ethical reasoning) to solve disputes relating to IP. (SLO 2)

  • To know the strategies to mitigate the risk relating to IPS issues while take advantage of IPS law (SLO 5)  

 

 

 

Week 13

 Lecture 12: Business Organizations, Ethical Issues and Consolidation 

 

Required Reading:

  • Host Country Regulation: Corporate Law, Taxation, and Currency Risk (Chp. 18, main textbook)

  • International Marketing Law: Sales, Representatives, Advertising and Ethical Issue (Chp.16, Main textbook)

Learning Objectives:

  • To understand the strengths, the differences and the application of different business forms international business context for  taxation issue (SLO 2,3,5)

  • To have understanding on legal mechanism governing financial aspects of Foreign Direct Investment of different countries. (SLO 2,3,5)

  • To understanding the comprehend the ethical issues as well as legal mechanism of  corruption issue in the context of international business (SLO 1)

  • To select the most appropriate legal organization ( and the respective procedure and politics),  and legal aid relating taxation, corporate organization law in the context of international business (SLO 4)

 

Week 14

Consolidation + Exercises



Week 15

Final Exam

 

Multiple Choices Exam: Closed book

Essay Exam: Open book ( with permitted material)

 

Week 16

Exam Marking, Scheme Explanation and Final Discussion

 

Main text:

  • Final Exam paper

Additional:

  • Boatright.J 2006, Ethics And The Conduct of business, Pearson Hall

  • Thiroux & Krasemann 2009, Ethics: Theory and Practice

  • H.H Dalai Lama 1999, Ethics for the New Millennium

Topic:

  • Questions and answers about the final exam

  • Presentation

  • Discussion about contemporary ethic issues

Learning Objective:

  • Apply legal reasoning to solve practical business issues (SLO2)

  • Improve presentation skill ( written and spoken communication) in term of logical and professionalism (SLO6)

  • To understand the some key ethical issue for business (SLO1)

 



Page of



Download 41.55 Kb.

Share with your friends:




The database is protected by copyright ©www.sckool.org 2022
send message

    Main page