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JOHN CABOT UNIVERSITY

COURSE CODE: "LAW 323-2"
COURSE NAME: "International Business Law"
SEMESTER & YEAR: Spring Semester 2012
SYLLABUS

INSTRUCTOR: Graham Mark
EMAIL: [email protected]
HOURS: TTH 13:00-14:15
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES: Prerequisite: Junior Standing
OFFICE HOURS: By Appointment - Call 346-1546387

COURSE DESCRIPTION:

To introduce students to issues surrounding international commercial transactions, including requirements of a contract, international shipping terms, and liability of air and ocean carriers; to examine international and U.S. trade law, including GATT 1994, and the regulation of imports and exports; to familiarize students with various areas of regulation of international business, such as competition law, employment discrimination law, and environmental law.

SUMMARY OF COURSE CONTENT:

PART 1 – The development of international law, the Convention on contracts for the International Sale of Goods, validity and formation of international sales contracts, warranty provisions, remedies for breach of contract, events beyond the control of the parties: excuses for nonperformance, cultural influences on contract negotiations.

 

PART 2 – The bill of lading, Payment and delivery risk, the documentary sale, shipping terms and the risk of loss.

 

PART 3 – Bailment and common carriers, the liability of international air carriers, liability for the carriage of goods by sea, marine cargo insurance, carrier’s liability for misdelivery.

 

PART 4 – The bill of exchange, trade finance, the documentary letter of credit, countertrade.



PART 5 - Import barriers to trade, the General Agreement of Tariffs and Trade, the World Trade Orgainization, dispute settlement, principles of trade law.

PART 6 – The double-edged sword of import regulation, unfair import laws: dumping and antidumping duties, unfair import laws: subsidies and countervailing duties, judicial review in international trade cases, unfair trade: the use of convict and forced labor.

 

PART 7 – Review and Midterm

 

PART 8 – The administration of customs and tariff laws, dutiable status of goods, U.S. trade preferences for developing countries, other customs laws affecting U.S. imports.

 

PART 9 – History of export controls, mechanics of the law, diversion, enforcement.

 

PART 10 – General directions of labor law abroad, employment discrimination outside the U.S., ethical issues in the employment of persons abroad.

 

PART 11 – Ethical and practical considerations of varying environmental requirements, traditional international remedies, emerging problems and solutions.

PART 12 – Historical development of international antitrust law, basic regulatory framework, distinctions of non-U.S. competition law, extraterritorial effect of competition laws.

 

PARTS 13 and 14  PRESENTATION OF RESEARCH PAPERS 

 

LEARNING OUTCOMES:

Upon successful completion of the course, students shall know the basic laws and principles of international business law. In particular, students shall be able to understand the development of international law and the formation, validity and performance of international sales contracts. The students shall become familiar with the main documents related to the sale of goods, such as the letter of credit; students will also have the opportunity to learn specific issues related to the regulation of exports and the regulation of import . Students will also analyze and understand, from an international point of view, the basic principles regulating employment discrimination law, environmental law and antitrust law. Upon successful completion of the course, students shall be able to identify and classify the main legal issues in international business law; furthermore, students shall be able to read a case and analyze the facts from the legal point of view, trying to solve the case applying the principles of law discussed in class; finally, upon successful completion of the course students shall be able to read and analyze a case or legal problem and to present the case or problem to the class.

TEXTBOOK:
Book TitleAuthorPublisherISBN numberLibrary Call NumberCommentsFormatLocal BookstoreOnline Purchase
International Business Law and Its Environment, 8th ed. (International Edition)Schaffer, Richard et. al.South Western Cengage Learning13-978-0-538-48075-8     
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Class Presentations and ParticipationIn class presentation of cases and problems and contributions to class discussions.20%
QuizzesClosed book quizzes on material covered and reading assignments.15%
Research Paper 25%
Midterm Examination 15%
Final ExaminationComprehensive closed book final examination.25%

-ASSESSMENT CRITERIA:

At the end of the term, students with 93-100 points will receive an A; 90-92 an A-.  Excellent students will achieve an A.  Students who receive 87-89 points will receive a B+; 83-86 a B; 80-82 a B-; students who are better than average, but not excellent, will fit into the B category.  Students who receive 77-79 points will receive a C+; 73-76 a C; 70-72 a C.  Students who receive 67-69 points will receive a D+; 63-66 a D; 60-62 a D-; below average students will fit into the D category.  Students who receive fewer than 60 points will fail. 


-ATTENDANCE REQUIREMENTS:

 

The University’s attendance policy is described in the catalogue. Persistent absence or tardiness usually precludes satisfactory performance in the course, and jeopardizes that part of the grade which is based on class presentation and participation (only up to three absences will be excused). Students are expected to arrive at class on time; students are responsible for all material covered by the syllabus and/or discussed in class, whether or not they are actually present in class.

ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.
STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.

SCHEDULE

NOTE:  Reading assignments must be read and all assigned Chapter Cases and Questions and Problems must be prepared before class.  The students will present the cases and problems as noted in schedule to be provided by the instructor. Assignments are due in class.

 

1.  Legal Environment of International Business

2.  Dispute Resolution

3.  Contracts for International Sale of Goods 

4.  Transactions and the Risk of Loss


5.  International Transportation Issues

6.   
United States Trade Law & Regulation

7.
   GATT and WTO – Basic Principles

8.
   Import Competition and Unfair Trade Law

9.  Customs and Tariff Law

10.  
Regulation of Exports

11.
  NAFTA, European Union and Other Regional Trade Areas

12.  
International Marketing Law

13.
  Host Nation Takings and Controls

14.
  Labor and Discrimination, Environmental Law and Regulating the Competitive Environment

 

 

SessionSession FocusReading AssignmentOther AssignmentMeeting Place/Exam Dates