國際商業交易法

Course Description: This class is an 8-week online, asynchronous course starting on February 11, 2024 and ending after 9 weeks (with one week break). 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 Learning Outcomes: 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. Substantive Course Coverage You will participate in this course using the Indiana University Canvas learning management platform system. This course is taught entirely online utilizing eight modules, for a total of 8 weeks. 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 pgs. 3-34 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, and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Reading: Introduction 4.0 pgs. 37-69; Problem 4.1 pgs. 69-101 The third module further focuses on the agreement for the international sale of goods. This includes important commercial terms (Incoterms) and the bill of lading. Reading: Problem 4.2 pgs. 101-131; Problem 4.4 pgs. 166-193; Problem 4.5 pgs. 193-225 The fourth 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 The fifth module includes import and export issues. Included in this module is coverage of export controls, trade sanctions, customs matters, 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 The sixth module includes IP issues, including the protection of IP, transferring technology, and some agency and distribution matters. 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) The seventh 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 The eighth 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. 1083-1085; Problem 11.1 pgs. 1085-1115; Problem 11.2 pgs. 1115-1139; Problem 11.5 pgs. 1196-1224; Problem 11.6 pgs. 1224-1245 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 the school's paid databases. I've compiled the links to these supplemental documents and posted them on Canvas. Optional Text Folsom, Gordon, Spangle, Van Alstine, Principles of International Business Transactions (Concise Hornbook Series)

We will be using the Canvas system from Indiana University. Syllabus information can be found there. This class is an 8-week online, asynchronous course starting on February 11, 2024 and ending after 9 weeks (with one week break).

Course Summary: Sun Feb 18, 2024 Discussion Topic Discussion on Module 1 due by 11:59pm Assignment Contact Professor Shope Using the Canvas Inbox (Conversations) due by 11:59pm Assignment Module One Assignment: Bullet points in a Word document due by 11:59pm Sun Feb 25, 2024 Discussion Topic Discussion on Module 2 due by 11:59pm Assignment Module Two Assignment: Advice to Supervising Partner (Bad Deal) due by 11:59pm Sun Mar 3, 2024 Discussion Topic Discussion on Module 3 due by 11:59pm Assignment Module Three Assignment: Advice to Supervising Partner (Bad Shipment) due by 11:59pm Sun Mar 10, 2024 Discussion Topic Discussion on Module 4 due by 11:59pm Assignment Module Four Assignment: PowerPoint Presentation to a Client due by 11:59pm Sun Mar 24, 2024 Discussion Topic Discussion on Module 5 due by 11:59pm Assignment Module Five Assignment: Product Classification due by 11:59pm Sun Mar 31, 2024 Discussion Topic Discussion on Module 6 due by 11:59pm Assignment Module Six Assignment: Draft Contract with German Manufacturer due by 11:59pm Sun Apr 7, 2024 Discussion Topic Discussion on Module 7 due by 11:59pm Assignment Module Seven Assignment: Chart of Advantages and Disadvantages due by 11:59pm Mon Apr 15, 2024 Discussion Topic Discussion on Module 8 due by 11:59pm Assignment Module Eight Assignment: Email re Dispute due by 11:59pm Sun Apr 21, 2024 Assignment Extra Credit due by 11:59pm Fri Apr 26, 2024 Final Exam due by 5pm

• Introduction
• Contracts for the International Sale of Goods I
• Contracts for the International Sale of Goods II
• Financing the International Sale of Goods
• Export Controls
• Foreign Direct Investment

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 the school's paid databases. I've compiled the links to these supplemental documents and posted them on Canvas. Optional Text Folsom, Gordon, Spangle, Van Alstine, Principles of International Business Transactions (Concise Hornbook Series)

地點

Online

時間

By appointment

聯絡方式

markshope@nycu.edu.tw