The International Legal Environment of Cross-Border Transactions
KIMEP SUMMER PROGRAM 2011
The International Legal Environment of Cross-Border Transactions
Professor Jason W. Levine
Contact Information:
If you need something from me, do not rely on communicating it to me via email. Come to see me about it.
COURSE DESCRIPTION AND LEARNING OUTCOMES
In this course, we will study how transnational firms manage the risks of trade in goods and services, the protection and licensing of intellectual property, and foreign direct investment. We will examine both private and public law issues from both an international and comparative perspective, focusing on transactional aspects of international business. You will learn about international business law, international business transactions, and the law of international trade and investment, as well as general principles of the law of nations and the work of various intergovernmental organizations such as the WTO and the UN. You will study both foreign laws and case decisions for comparison purposes, to illustrate differences in legal and economic systems, and to offer examples of doing business in other countries. The course will look at the resolution of international disputes, liability of air and sea carriers, sales contracts, the WTO, NAFTA, GATT, the European Union, labor law, environmental law, and intellectual property rights.
You will also learn, through doing, how to lead discussion in group settings, how to direct a group, and how to motivate and facilitate group work, all of which is essential for success in the modern business world.
COURSE MATERIALS
Schaffer, Earle and Agusti, International Business Law and Its Environment,8thEdition. This book is available in the bookstore on a lease basis at a reasonable price. It is absolutely essential that you have a book of your own. The reading assignments are considerable, in-class discussions will require you to consult the text to give informed answers, and one or more exams may be open book.
Various other cases and materials may be used. Links to these will be posted on DOTLRN, or they will be scanned and posted there. Please make sure to check the DOTLRN regularly and printout all materials and bring them to class.
A good law dictionary is recommended. You should check out where there is a free dictionary of legal terms.
COURSE EVALUATION
Midterm: 40%
Final Examination: 40%
Presentation: 10%
Class participation: 10%
The exams may contain multiple-choice, true-false, short answer, analysis of fact patterns, and/or essay questions. The questions will involve issue identification and legal analysis.
I reserve the right to give pop quizzes if it appears to me that students are failing to prepare for class. Quizzes will be given at the beginning of class and will not be made up. The mark you get on your quiz will go toward your class participation grade.
TEACHING METHOD
This course is taught through lectures and class discussion of subject-matter. It is important that you do all the reading. There is a lot of material to cover and not all of it can be addressed in the lectures. On the exams, you will be held responsible for all the readings whether there was a lecture on them or not.
In each class, I will begin with an overview of the subject matter/topic for that lecture which will be based on, but not necessarily the same as, the subject matter in the relevant Chapter(s) in the text. After the lecture, you will break into five groups and be prepared to either discuss assigned questions and cases, or work on an “active learning” assignment that I have prepared.
Discussion Groups
You will be put into a discussion group in the first session. You will sit around tables in your group for class. Everyone should be prepared to discuss the questions and cases assigned for the discussion groups. On discussion days, one student in each group will be responsible for leading group discussions on the assigned cases and discussion questions. Your performance as a leader and as a participant in these discussion groups will contribute toward your participation mark.
Assessments
At the end of the class, the other students in your group will have five minutes to write a brief assessment of your performance as a discussion leader. That evaluation should consist of identifying two specific ways the person thought you were an effective group leader, and one suggestion for improvement. Those will be given to the group leader to take home.
In-Class Presentation
The last few classes in this course will be set aside for each student to give an in-class presentation. You will be responsible to give a 20-minute presentation to the class on the subject matter of your choice that is relevant to this class.
Criteria for Grading
Grading will be based on your understanding of the concepts examined in each unit and your ability to demonstrate this understanding in your exams, participation in class, as a leader in the discussion groups, and in any special assignments. Be advised that participation in discussions and group work is very important.
A Range
High degree of conceptual integration: application is consistent throughout and meets expectations of business law students
B Range
Good integration and application of concepts: Concepts not consistently applied, but, for the most part, meets expectations
C Range
Satisfactory – that is, evidence of conceptual integration: beginning to apply concepts and so sometimes meets expectations.
D Range
Minimal degree of basic conceptual integration: some application of concepts and so minimally meets expectations
F (Fail)
Unsatisfactory; doesn’t meet expectations
Other Requirements
- All assignments should be completed on time. Grades for late assignments will be affected as follows: I will deduct 10% from your grade for each day the assignment is late.
- Cell phones must be turned off and packed away.
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HELPFUL HINTS ON HOW TO SUCCEED IN THIS COURSE
Be responsible for your own learning. As an adult learner, you are responsible for attending class on time, participating fully and respectfully, and knowing how much time and effort are required for you to achieve your best.Ask for help when you need it, and do so early enough in the semester so that change is possible.
Be prepared for each class. Bring the appropriate materials to every class. It is also crucial that you read actively before class and follow along in class when key passages are examined.
Participate in class discussions and activities. Being able to express verbally what you know and understand is a critical part of your college experience. It is your responsibility as a member of the classroom community to contribute ideas or raise questions and to stay on task in group discussions and workshops.
Listen to, respect, and respond to your classmates. We can all learn from one another, not just from the professor.
Attendance: Students must come to class on time and stay for the entire period, unless a good reason is provided. Threelate arrivals will count as an absence. University policy allows me to drop from the course any student who misses more than three classes. I will enforce that policy if absences become too numerous or correspond to poor performance on exams or in class participation. I will not give make-up exams so if you miss and exam, you will receive an F for that exam.
Do your work honestly. Plagiarism is not tolerated. Any such violation may result in a grade of F for the individual assignment and, if it a blatant and serious enough offense (e.g., copying and pasting a source directly from the Internet or copying directly from a printed source), a failing grade in the course. For more information see the university handbook section on academic honesty.
Course Schedule
This syllabus and course schedule are guidelines that may change as the needs and interests of the class become apparent, and as time dictates. I will advise of any changes.
PART I: THE LEGAL ENVIRONMENT OF INTERNATIONAL BUSINESS
Introduction to the class
Discuss syllabus, expectations.
Introduction to International Business
Reading: Text, Chapter 1
Questions and Cases for Discussion:
In re Union Carbide Corporation Gas Plant Disaster at Bhopal
Gaskin v. Stumm Handel GMBH
International Law and the World’s Legal Systems
Reading: Text, Chapter 2
The Paquette Habana, p49
Sosa v. Alvarez-Machain, p. 51
Liechtenstein v. Guatemala (Nottebohm Case), p. 70.
Khaki v. Hashim, p. 79.
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Resolving International Commercial Disputes
Reading: Text, Chapter 3
Questions and Case Problems:
Scherk v. Alberto-Culver, p.89.
Asahi Metal Ind. v. Superior Court of California, Solano, p. 92.
M/S Bremen v. Zapata Off-Shore Co., p. 103.
Manches & Co. v. Gilby, p. 109.
PART II:INTERNATIONAL SALES, CREDITS AND THE COMMERCIAL TRANSACTION
Sales Contracts and Excuses for Non-Performance
Reading: Chapter 4
Questions and Case Problems:
Asante Technologies, Inc. v. PMC-Sierra, Inc., p. 122.
Chateau des Charmes Wines Ltd. v. Sabaté, p. 134.
Schmitz-Werke GmbH & Co. v. Rockland Industries, Inc., p. 141.
Delchi Carrier, SpA v. Rotorex Corp., p. 148.
Harriscom Svenska, AB v. Harris Corp., p. 154.
The Documentary Sale and Terms of Trade
Reading: Chapter 5
Questions and Case Problems:
Banque de Depots v. Ferroligas, p. 166.
Biddell Brothers v. E. Clemens Horst Co., p. 170.
Basse and Selve v. Bank of Australasia, p. 172.
St. Paul Guardian Ins. Co. v. Neuromed Medical Systems & Support, GmbH, p. 179.
TheCarriage of Goods and Liability of Air and Sea Carriers
Reading: Chapter 6
Questions and Case Problems:
El Al Israel Airlines, Ltd. v. Tseng, p. 195.
Olympic Airways v. Husain, p. 197.
J. Gerber & Co. v. S.S. Sabine Howalt, p. 206.
Westway Coffee Corp. v. M.V. Netuno, p. 208.
Bank Collections, Trade Finance, and Letters of Credit
Reading: Chapter 7
PART III: THE REGULATION OF THE INTERNATIONAL MARKETPLACE
InternationalMarketing Law: Sales Representatives, Advertising and Ethics Reading: Text, Chapter 16
Licensing Agreements and the Protection of Intellectual Property Rights
Reading: Text, Chapter 17
Host-Country Regulation: Corporate Law, Taxation and Currency Risk
Reading: Text, Chapter 18
Nationalization, Expropriation, and Privatization
Reading: Text, Chapter 19
Labour and Employment Discrimination Law
Reading: Chapter 20
Environmental Law and Regulation the Competitive Environment
Reading: Chapters 21 and 22
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