國際商業交易法(英文授課)

Course Description: This course provides students with a survey of the legal aspects of international business transactions. It introduces students to the legal mechanics, the legal instruments, and business strategies used in the global business and commercial environment. Students will learn what kinds of transactions lawyers representing private entities face in the international context, how to approach such transactions in practical ways, and how larger policy concerns affect the lawyer’s responsibilities. Course Objectives: At the conclusion of the course, you will be able to do the following: 1. Evaluate the various views, including economic theories, concerning the rationale for and objectives of international commerce with a view to guide further learning; 2. Recognize the various business motivations that drive international business decision making and the role, work, and ethical considerations of an attorney in this context; 3. Compare the basic forms of international business transactions, including how to apply legal rules and business considerations to analyze and predict possible outcomes for those transactions; 4. Use sound research methods to analyze various problems related to international business transactions; and 5. Deliver strategic advice to clients regarding planning, negotiating, concluding, and performing cross-border deals.

Course Requirements: Required Text: INTERNATIONAL BUSINESS TRANSACTIONS: A PROBLEM- ORIENTED COURSEBOOK, 13TH EDITION. Folsom, Van Alstine, Ramsey, and Schaefer, West Academic Publishing (2019). Note that all the documents in the document supplement can be found online or on library databases. I’ve compiled the links to these supplemental documents and posted them on e3. Optional Text Folsom, Gordon, Spangle, Van Alstine, Principles of International Business Transactions (Concise Hornbook Series) Technical Requirements You will need the following in order to participate in this course: • Computer; • Reliable Internet connection; • Computer microphone; • Some way to make and post a simple video (e.g., using a webcam, or a smart phone); and • A compatible web browser. Class Participation: You should be logging onto e3 at least three times a week (if not every day) to view assignments, presentations, contribute to discussions, read posting of others, etc. Activities and assignments will be posted in advance providing ample time for completion. Please plan your schedules accordingly.

Miscellaneous: Copying or recording synchronous classes and asynchronous course materials without the express prior approval of the instructor is prohibited. The instructor reserves the right to revise or adjust this course syllabus to best accommodate the pace and needs of the students.

Assignments, Quizzes, and Final Examination: The final examination of multiple-choice questions will count for 50% of your final grade. It will be open book, meaning that you can use your notes, outlines, and anything else that you have printed. We will be using e3 for the final examination. The remaining 50% of your final grade will be based on seven multiple choice quizzes, seven discussion posts, and one assignment related to course orientation. Overview of Activities and Grading: Assignment Percentage of Final Grade Due Date Email to Professor Shope using the e3 platform 1 28 February 2021, 11:59 pm Module One Discussion 2 28 February 2021, 11:59 pm Module Two Discussion 2 14 March 2021, 11:59 pm Module Two Quiz 5 14 March 2021, 11:59 pm Module Three Discussion 2 28 March 2021, 11:59 pm Module Three Quiz 5 28 March 2021, 11:59 pm Module Four Discussion 2 11 April 2021, 11:59 pm Module Four Quiz 5 11 April 2021, 11:59 pm Module Five Discussion 2 25 April 2021, 11:59 pm Module Five Quiz 5 25 April 2021, 11:59 pm Module Six Discussion 2 9 May 2021, 11:59 pm Module Six Quiz 5 9 May 2021, 11:59 pm Module Seven Discussion 2 23 May 2021, 11:59 pm Module Seven Quiz 5 23 May 2021, 11:59 pm Module Eight Discussion 2 6 June 2021, 11:59 pm Module Eight Quiz 5 6 June 2021, 11:59 pm Final Exam 48 11 June 2021, 11:59 pm Total 100 *A twenty percent per day penalty will be applied to late work.

Substantive Course Coverage: You will participate in this course using the National Chiao Tung University e3 learning management platform system. This course is taught entirely online utilizing seven modules. Each module is two weeks long. The Conduct of Business in the World Community. The first module is an overview of the various aspects of international business. You will learn why businesses trade and invest abroad in the first place. The first module will also include a discussion on the various actors involved in foreign trade and the different forms of international business. Reading: Chapters 1, 2, and 3, Pages 3-34 of the Coursebook Agreement for the International Sale of Goods. The second module focuses specifically on the agreement for the international sale of goods. This includes issues surrounding the formation of the contract, conflict of laws issues, the United Nations Convention on Contracts for the International Sale of Goods (CISG), important commercial terms (Incoterms), and the bill of lading. Reading: Introduction 4.0 pgs. 37-69; Problem 4.1 pgs. 69-101; Problem 4.2 pgs. 101-131; Problem 4.4 pgs. 166-193; Problem 4.5 pgs. 193-225 of the Coursebook Financing the International Sale of Goods. The third module will focus on issues surrounding financing the sale of goods. Reading: Problem 5.1 pgs. 228-263; Problem 5.2 pgs. 263-292; Problem 5.3 pgs. 292-331 of the Coursebook Export & Import Issues. The fourth module includes import and export issues. Included in this module is coverage of export controls, trade sanctions, and some anti-bribery matters. Reading: Introduction 8.0 pgs. 607-615; Problem 8.1 pgs. 615-646; Problem 8.2 pgs. 646-679; Problem 8.3 pgs. 679-712 of the Coursebook Licensing, Theft & Protection of Intellectual Property. The fifth module includes IP issues, including the protection of IP, and transferring technology. Reading: Introduction 9.0 pgs. 715-729; Problem 9.3 pgs. 793-829 (skip Part B); Problem 9.4 pgs. 829-861 (skip Part B) of the Coursebook Establishing & Operating a Foreign Investment. The sixth module includes matters surrounding establishing foreign operations (sometimes called foreign investment, foreign direct investment, or FDI). Reading: Introduction 10.0 pgs. 865-868; Problem 10.1 pgs. 868-899; Problem 10.3 pgs. 928-961; Problem 10.4 pgs. 961-980 of the Coursebook Dispute Resolution. The seventh module will discuss international dispute settlement (arbitration vs. litigation, choice of forum, choice of law, service of process, enforcement matters, etc.). Reading: Introduction 11.0 pgs. 1083-1115; Problem 11.1 pgs. 1115-1139; Problem 11.2 pgs. 1139-1171; Problem 11.5 pgs. 1196-1224; Problem 11.6 pgs. 1224-1245 of the Coursebook Tariff and Nontariff Import Barriers. The eighth module includes tariff and nontariff import barriers. Reading: Introduction 6.0 pgs. ___; Problem 6.1 pgs. ___; Problem 6.2 pgs. ___; Problem 6.3 pgs. ___ ; Problem 6.4 pgs. ___ ; Problem 6.5 pgs. ___ ; Problem 6.6 pgs. ___ of the Coursebook

聯絡方式

markshope@nctu.edu.tw