Legal Systems in the Global Economy

Classroom Syllabus

MC 555

Legal Systems in the Global Economy

Prepared by: John T. O’Brien, J.D, Tom Cary, J. D.

3 Credit Hours

Effective: October, 2009

fall term 2009/2010

Instructor´s name : carlos gutierrez

Office : bratislava

Office hours : by appointment only

Telephone : 0949 932 706

Email :

Required Resources

Schaffer, R., Earle, B. & Agusti, F. (2005). International business law and its environment (6th ed.). St. Paul, MN: West.

Whitaker, A. (2010). Research and APA Style Guide. Bratislava, Slovakia: City University of Seattle. Available online at or for purchase in the CU Slovakia library.

Access to a personal computer and the Internet is required. All written assignments must be word-processed.

All rights reserved

MC 555

Legal Systems in the Global Economy

This document provides an overview of the course foundation elements, assignments, schedules and activities. For information about general City University of Seattle policies, please see the City University of Seattle catalog. If you have additional questions about the course, please contact your instructor.

Notification to Students with Disabilities

If you are a student with a disability and you require certain help, please contact the site administrator as soon as possible.

Scholastic Honesty

City University of Seattle expects each student to do his/her own work. The University has "zero tolerance" for cheating, plagiarism, unauthorized collaboration on assignments and papers, using "notes" during exams, submitting someone else's work as one's own, submitting work previously submitted for another course, or facilitating acts of academic dishonesty by others. The penalties are severe! A first offense can result in a zero grade for the course and suspension for one quarter; a second offense can result in a zero grade for the course and suspension for two or more quarters; a third offense can result in expulsion from the University. The Policy and Procedures may be found at

In addition to providing your work to the instructor for grading, you must also submit an electronic copy for the CUarchives (unless the work is specifically exempted by the instructor). You will not receive a grade for particular work until and unless you submit this electronic copy. The procedure for submitting work to the archives is to upload it via the website Files should include the cover page of the work with the student name, instructor name, course name and number, and date. File names should indicate the type of assignment, such as “researchpaper.doc”, “casestudy.doc” or “ thesis.doc” (student name should not be a part of the file name because the system adds it). All files received into the archives are submitted to for plagiarism checking.

Course Description

The shift to a global economic environment has created a variety of challenges for modern organizations. As competition increases in established markets, developing new markets overseas has become a strategic alternative for many organizations. The challenges of such a strategy are many, not the least of which are the legal challenges. Legal Systems in a Global Economy is a course designed to explore the legal content of multinational business operations, comparative law and regulation as established in the United States and selected Asian and European nations, and the legal liability in global commerce.

Learning Goals

Upon the successful completion of this course, you will be able to:

1. Evaluate different writers' attitudes, biases, and arguments relating to various topics on international law;

2.Identify the strengths and weaknesses of various methods available for resolving trade disputes;

3.Create alternative courses of action for the parties to international sales transactions in order to avoid litigation;

4.Interpret the role of national institutions and international organizations in international law;

5.Identify and evaluate the various risks associated with international transactions;

6.Assess methods of risk assignment and transfer;

7. Appraise the roles of significant contractual clauses, documents, and parties;

8.Assess current international law by applying it to common business problems;

Advocate innovative methods of communication to avoid litigation.

Core Concepts

To achieve the goals of this course, you will need to master the following core concepts:

Methods of export;
Risks of international business;
Law of treaties;
International court of justice;
Comparative law;
Private international organizations influencing international law;
International codes of conduct;
Economic integration;
European Union legal integration;
Free trade areas;
Jurisdiction/venue;
Choice of law/forum;
Enforcement of foreign judgments;
Arbitration/mediation;
Convention on contracts for the international sale of goods;
Documentary sales;
Shipping terms;
Liability for carriage of goods;
Documentary letter of credit;
Tariffs/non-tariff barriers to trade;
GATT dispute settlement;
Tarrification;
Nondiscrimination/MFN;
National treatment;
Safeguards against injury;
Dumping;
Subsidies;
GATT Technical Barriers to Trade;
GATT Government Procurement;
Section 301;
Customs entry;
Determining the dutiable status of goods;
NAFTA;
Export control;
Agency law;
Advertising law;
Foreign Corrupt Practices Act;
Intellectual property transfer;
Foreign direct investment;
Tax issues;
Currency risk;

42. Labor law.

Recommended Supplementary Resources

As a City University of Seattle student, you have access to library resources regardless of where and how you are taking this class. To access the resources necessary to complete your coursework, visit the library menu in the My.CityU portal at and the CU Slovakia library home page at

A good place tobegin your research isthroughthemanagement program resources page in the My.CityU library. Itprovides links to relevant journals, books, andWeb sites. Searchthe online databases for journal, magazine, and newspaper articles. For additional help, visit the Slovakia library or submit your question in the Contact Us section of the Slovakia library’s web site.

Print Resources

The following are professional journals that feature scholarly articles of substantial length on Legal Systems in a Global Economy. These journals are recommended as sources for your Critical Analyses. He or she must pre-approve your topic.

Harvard Business ReviewColumbia Business Law Review

Academy of Management JournalAmerican Business Law Journal

World Trade MagazineHuman Resource Management

Electronic Resources

The publisher of your textbook has provided a website that includes resources, self-tests, and other information. In addition, the following Internet resources may be of use to you in this course. Please be aware that Web addresses may change from time to time.

APEC

CISG database

European Union

Findlaw

Supreme Court Collection

U.S. Copyright Office

U.S. Federal Trade Commission

World Trade Organization

Overview of Course Activities and Grading

The grade you receive for the course will be derived using City University of Seattle’s decimal grading system, based on the following:

Assignments

Critical Analysis / Written Assignment / 20%
Case Study / Business Problem Assessment / 20%
Problem Set / 20%
Final Examination / 40%
TOTAL / 100%

Explanation of Assignments and Grading

Critical Analysis

A critical analysis is an analytical exploration of a journal article or other published work relevant to required course readings and class work. The subject and content of the article should relate directly to concepts covered in the course. You may also draw upon your own personal work experience to analyze the article and develop your argument. The work selected for analysis must have been published in the last three years. You will find selected journals from which to choose your articles listed under the Recommended Supplementary Resources Section.

A critical analysis, at a minimum, will address:

1.Relevance of the article to course content;

2.Analysis of the logic and completeness of the author’s argument;

3.Analysis of the article’s strengths and weaknesses;

4.Your logical basis of agreement or disagreement with key issues or points stated in the article;

5.Bibliographical support substantiating your arguments and responses to the article.

Components of a Critical Analysis

Cover Page

Abstract of the Critical Analysis

Body (4-6 pages, double spaced)

Sources must be cited within the body of the analysis using the American Psychological Association (APA) author/year parenthetical method of documentation

Annotated Bibliography

Photocopy of the Selected Article

Grading Criteria for Critical Analysis

Relevance to course content / 10%
Logical analysis of author’s presentation / 10%
Analysis of articles strengths and weaknesses / 30%
Logical basis for agreement and disagreement with key issues / 25%
Bibliographical support substantiating arguments and responses to article / 15%
Grammar, spelling, and punctuation / 10%
TOTAL / 100%

Case Study

A case study is designed to help you sharpen your analytical skills. The strongest way to analyze a case is to apply a variation of the scientific method. This method of analysis is simply a logical approach that usually includes seven steps:

Step 1: Problem Definition

A case seldom involves one clearcut problem. Your task is to:

determine the symptoms which require immediate attention.
identify the fundamental issues and causal factors giving rise to these symptoms.

It is important to separate the immediate problems from their more basic sources. For example, an immediate problem may be closure of a port, while the more fundamental issue may be failure to assign risk. How you define a problem determines how you go about solving it. A shortterm solution for a port closure is likely to be different from solutions which attempt to deal with risk allocation.

Step 2: Justification for Problem Definition

In this step you need to review what information you have. You may need to make some inferences to fill in gaps. Clearly label what is inference and what is factual. Do not be afraid to assume, but clearly state the assumptions you are making. You should make assumptions on the basis of your knowledge of what typical managerial practices are like, and they should be consistent with the facts you have about the case. Managerial decisions are always based on limited information. In fact, practicing managers find that many of their decisions have to be made quickly on the basis of limited information.

Step 3: List Alternative Courses of Action

Be creative. Jot down ideas as they come to you. List as many ideas as you can, without evaluating them or censoring anything. You can always cross them out later. The point is to let your imagination take over.

Step 4: Evaluate Alternatives

Look critically at the alternatives you came up with in Step 3. List advantages and disadvantages of each alternative in terms of criteria that seem appropriate.

Step 5: Review

Reread your notes and think. This may be a good time to let the case sit for a while. Get back to it later when you have a chance to digest all the data.

Step 6: Draw Conclusions, Make Recommendations/Decisions

Select the alternative you would recommend and explain/justify your choice. Include specifics about the implementation of your recommendation: who should do what, when, and how.

Source: Myers, T. & Myers, G. (1982). Managing by communication: An organizational approach. New York: McGrawHill.

Grading Criteria for Case Study

Integration of course concepts / 25%
Completeness of analysis / 30%
Logically supported conclusions and recommendations (including proper bibliographic support if applicable) / 35%
Grammar, spelling, punctuation, and syntax / 10%
TOTAL / 100%

Problem Set

Your problem set will be taken from the end-of-chapter exercises in your text. Your instructor will assign specific problems and due dates.

Grading Criteria forProblem Set

Problem definition / 20%
Justification for problem definition / 20%
Application of law and other factors to problem / 30%
Problem solution / 20%
Grammar, spelling, punctuation, and format / 10%
TOTAL / 100%

Final Examination

You should be prepared to answer a variety of types of questions pertinent to the concepts covered in or suggested by the course materials and assignments. Your instructor may provide you with additional information regarding the content and style of the final examination in this course.

Grading Criteria forEssay Questions on Examination

Clear grasp of major issues posed by the question / 20%
Valid arguments; appropriate supportive detail / 20%
Appropriate analysis, evaluation and synthesis / 20%
Demonstrated ability to employ terms, concepts and frames of reference from texts, lectures, and other course materials / 20%
Proper organization and logical flow of responses / 20%
TOTAL / 100%

Recommended Course Schedule

The schedule for course activities and assignments is below. If you find you are unable to complete the assignments as scheduled, contact your instructor.

Session

/ Topics and Assignments / Readings
1
Sat Oct 3 / Course Introduction and Overview
Ch.1 Introduction to International Business
Ch. 2 International Law and Organizations
Ch. 3 Resolving International Commercial Disputes / Chapters
1, 2, 3
2
Sun Oct 4 / Ch. 4 Sales Contracts and Excuses for Nonperformance
Ch. 5 The Documentary Sale and Terms of Trade
Ch. 6 The Carriage of Goods and the Liability of Air and Sea Carriers / Chapters
4, 5, 6
4
Sat Oct 10 / Ch. 7 Bank Collections, Trade Finance and Letters of Credit
Ch. 9 GATT Law and the World Trade Organization
Ch. 11 Regulating Import Competition and Unfair Trade / Chapters
7, 9, 11
5
Sun Oct 11 / Problem Set Due
Ch. 14 The European Union and Other Regional Trade Areas
Ch. 15 The Regulation of Exports
Ch. 16 International Marketing Law: Sales Representatives, Advertising, and Ethical Issues / Chapters
14, 15, 16
6
Sat Oct 17 / Ch. 17 Licensing Agreements and the Protection of Intellectual Property Rights
Ch. 18 Host-Country Regulation: Corporate Law, Taxation, and Currency Risk
Ch. 19 Nationalization, Expropriation, and Privatization / Chapters
17, 18, 19
7
Sun Oct 18 / Case Study / Business Problem Assessment Due
Critical Analysis / Written Assignment Due
Ch. 21 Environmental Law
Ch. 22 Regulating the Competitive Environment / Chapters
21, 22
Final
Exam / Two alternatives based on student majority choice:

Option 1: Friday, October 23 @ 18:00 or

Option 2: Saturday, October 24 @ 18:00

(upon agreement) / Open Book

MC 555 SYL Page 1