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JOHN CABOT UNIVERSITY
COURSE CODE: "LAW 323"
COURSE NAME: "International Business Law"
SEMESTER & YEAR:
Spring 2015
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SYLLABUS
INSTRUCTOR:
Pal Belenyesi
EMAIL: [email protected]
HOURS:
MW 3:00 PM 4:15 PM
TOTAL NO. OF CONTACT HOURS:
45
CREDITS:
3
PREREQUISITES:
Prerequisite: Junior Standing
OFFICE HOURS:
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COURSE DESCRIPTION:
The course has several objectives.
On the one hand, it aims at introducing students to issues surrounding international commercial transactions (including requirements of a contract, international shipping terms, and liability of air and ocean carriers). On the other hand, we will start examining the environment of international trade law (focusing on GATT, WTO) and the regulation of imports and exports. Finally, we will try to familiarize ourselves with various areas of regulation of international business, such as competition law and environmental law.
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SUMMARY OF COURSE CONTENT:
The course will start with the introduction to general legal principles, then we move onto the international trade and commercial area of law.
We will delve into the particularities of the international business transactions to conclude withs specific cross-border issues such as regulation and competition at ingternational level.
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LEARNING OUTCOMES:
Upon successful completion of the course, students will know the basic laws and principles of international business law. In particular, students will 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 the basic principles of environmental law and antitrust law.
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TEXTBOOK:
| Book Title | Author | Publisher | ISBN number | Library Call Number | Comments | Format | Local Bookstore | Online Purchase |
| International Business Law and its Environment, 9th edition | Schaffer/Agusti/Dhooge | cengage learning | ISBN10: 1-285-42704-1 | | | | | |
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REQUIRED RESERVED READING:
RECOMMENDED RESERVED READING:
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GRADING POLICY
-ASSESSMENT METHODS:
| Assignment | Guidelines | Weight |
| Midterm exam | | 40 |
| Final exam | | 40 |
| Home assignment | | 10 |
| In-class presence and participation | | 10 |
-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course
BThis is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments.
CThis is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material.Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail.
FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.
-ATTENDANCE REQUIREMENTS:
The course has several objectives.
On the one hand, it aims at introducing students to issues surrounding international commercial transactions (including requirements of a contract, international shipping terms, and liability of air and ocean carriers). On the other hand, we will start examining the environment of international trade law (focusing on GATT, WTO) and the regulation of imports and exports. Finally, we will try to familiarize ourselves with various areas of regulation of international business, such as competition law and environmental law.
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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.
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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.
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SCHEDULE
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Schedule
WEEK 1 – International trade, Risks, Concepts
WEEK 2 – Internationa law, transnational law, Lex Mercatoria. The development of international law, the Convention on contracts for the International Sale of Goods.
WEEK 3 – FDIs, International trade, IP licensing: Exporting, importing.
WEEK 4 - Dispute resolution, mediation, arbitration
WEEK 5 - GATT, WTO, WTO Principles. DIspute resolution within the WTO
WEEK 6 - Midterm exam. The bill of lading, Payment and delivery risk, the documentary sale, shipping terms and the risk of loss.
WEEK 7 - 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. The bill of exchange, trade finance, the documentary letter of credit, countertrade.
WEEK 8 – Import barriers to trade, the General Agreement on Tariffs and Trade, the World Trade Organization, GATT/WTO dispute settlement, GATT 1994: major principles of trade law, non-discrimination, most-favored-nation trade, and national treatment, GATT and the elimination of quotas.
WEEK 9 – 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.
WEEK 10 – Review and Midterm
WEEK 11 – 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.
WEEK 12 – General directions of labor law abroad, employment discrimination outside the U.S., ethical issues in the employment of persons abroad.
WEEK 13 – Ethical and practical considerations of varying environmental requirements, traditional international remedies, emerging problems and solutions.
WEEK 14 – Historical development of international antitrust law, basic regulatory framework, distinctions of non-U.S. competition law, extraterritorial effect of competition laws.
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