Course:
Professor:
Term:
Office:
Phone:
E-mail:
Office Hrs:
Classroom:
International Business Law (BMG222)
Prof. Carleton Monk
Winter 2014
Molson 111
Home: (8l9) 842-2689 (not after 9:30 p.m.)
Office: (450)242-1352
hcmonk@hotmail.com
Wed. 4:00 – 5:30 p.m.
Hamilton 301 Wednesday at 19:30hrs.
Course Objective:
To give students an overview of the legal aspects of international business transactions. It aims
to give students an awareness of the problems particular to an international transaction and when
and how to seek appropriate expertise. Students shall study the general international legal
environment of international commerce as well as particular aspects of international contracts.
The classes shall be a combination of lectures , guest speakers, group discussions and student
presentations.
Students are responsible each week for:
1.
assigned readings
2.
a written preparation of a discussion topic to be handed in at the beginning of the class.
Students are responsible once for:
An oral presentation of 15-20 minutes on a topic involving research worth 20 marks. The
written outline is to be submitted to me at least one week before the presentation and should
cover all aspects of your presentation (it is worth 5 marks). Good presentations are critical for
this class. Two people per presentation
Attendance and class participation are essential. I expect the class to start right on time and I
shall end it on time. Therefore, punctuality is important, especially for guest speakers and
presentations.
Marking Scheme:





Class participation & attendance
Assignments
Oral presentations
Mid-term
Final Examination
10%
30%
20%
20%
20%
A late assignment will receive a zero
There will be no supplemental privileges with this course.
Exams will be based on the assigned readings and all other material covered in class
including material covered by student presentations and guest speakers. Some material
discussed in the lectures is not covered in the readings.
Lecture #1
Jan.15
Description of course
International Law in General (Chapter 1)
Lecture #2
Jan. 22
GATT, WTO
(chapter 2)
Lecture #3
Jan. 29
NAFTA – Ch. 5
Lecture #4
Feb. 5
NAFTA – Ch. 5
(guest speaker – Robert Hall, President, Boralex)
Lecture #5
Feb. 12
Guest speakers: Lawyer Paul Reed
Lecture #6
Feb. 19
Canada’s Import and Export Rules – Ch. 6
Lecture #7
Feb. 26
MIDTERM EXAM – 20%
READING WEEK MARCH 3-7
Lecture #8
March 12
Negotiating International Contracts
Lecture #9
Mar. 19
Negotiating International Contracts (cont’d.)
Chapter 7 continued (Guest speaker – Chris Forsythe)
Lecture #10
Mar. 26
Finance and Payment
(Chapter 8) – Guest Speaker – Mr. Bishop
Lecture #11
April 2
Forms of International Business
(Chapter 10)
Lecture #12
Apr. 9
Settlement of International Disputes
Ch. 11
Dates of guest speakers are subject to change depending on their availability.
Course Textbook:
Legal Aspects of International Business: A Canadian Perspective, 2nd edition, by Mary Jo
Nicholson, Emond Montgomery Publications Ltd., 2007.
Supplemental Texts:
(also consulted in preparation of course)
Castel, de Mestral, and Graham, The Canadian Law and Practice of International Trade, 2nd
Edition, Toronto: Emond Montgomery Publications Ltd., 1991.
Smyth, Soberman Easson, The Law and Business Administration in Canada, 13th edition,
Prentice Hall.
Raworth, Philip, Legal Guide to International Business Transactions, 1991 Thomson
Professional Publishing.
August, Ray, International Business Law, 6th ed., Prentice Hall 2012.
Lecture #3
a)
b)
#4
a)
b)
PRESENTATION TOPICS
Watson Smithett & Cope Ltd. vs Terruzi, All England Law
Reports vol. 1976, pt. 1 p. 817 (1976) (IMF)
Barcelona Traction (second phase) Belgium vs. Spain, International
Court of Justice reports: Vol. 1970 pg 3 (Diplomatic Protection,
Separate Corporate Identity)
Bribery (see pg 75, also OECD) Corruption of Foreign
Public Officials, S.C. 1998, C. 34
International Code of Conduct (pg. 60) U.N. Global Compact
Talisman Energy in Sudan, Harker Report (see pg 432, Canadian
Business Law, 12th edition). Global Compact for business
#5
a)
b)
WTO Shrimp-Sea Turtle cases (1998), (2002) see pg 70.
Japan-Taxes on Alcoholic Beverages, WTO, 1998 (see WTO
website) WT/DS8/R.
#6
a)
Loewen Group Inc. vs. USA, ICSID Case No ARB (AF) 98/3
(http:www.naftalaw.org)
Outline of EU – Canada free trade agreement
b)
#7
a)
b)
Shari-a and Expropriation: Libyan American Oil Company vs. Libyan
Arab Republic, International Law Reports, Vol. 62 p. 140 (1982)
Export Development Canada
#8
a)
b)
Jones vs Saudi Arabia 2006 UKHC 26; (see Curry, pg 571) (State Immunity)
Zodiac International Products vs. Polish Peoples Republic (1978) CA
#9
a)
Frustration
Transatlantic Financing Corp. vs. United States 363 F.
2md 312 (1966) Federal Reporter, USA (see pg. 177)
A case from International Sales Convention (CISG) such as
Asante Technologies Inc. vs. PMG-Sierra Inc. Federal Supplement,
Second series, Vol. 164, p. 1142 (2001).
b)
#10
a)
b)
Investment Canada: Purchase of Canadian Companies by foreigners
St. Paul Guardian Insurance Co. vs. Neuromed Medical Systems &
Support, Gmbh, Lexis United States District Court Cases, No. 5096 (2002)
(Incoterms, CISG).
#11
a)
b)
Beals vs. Saldanha (2003), 234 DLR (4th) 1. (enforcement)
Pacific Rim vs El Saslvador (ICS10 arbitration)
#12
a)
Monsanto Co. vs. Coramandal Indag Products, (P) Ltd. India
Supreme Court 1986, Supreme Court Journal, Vol.1, pg. 234 (1986) (patents)
Jorge Luis Machucha Gonzalez et al. Vs. Chrysler Corporation et al,
United States Court of Appeals for the Fifth Circuit. Federal Reporter, 3rd
P 377 (2002) (forum non conveniens).
b)
Any other topic of interest to the class might be acceptable. For example a WTO trade dispute,
extraterritorial seizures by RCMP (R vs. Hape, 2007, SCC 26) International Labour Organization, A
NAFTA trade dispute, The International Chamber of Commerce. Bhopal Case, Kyoto Agreement,
International Environmental Regulations, Potash Corp. of Saskatchewan take-over, Bulk water sales and
NAFTA, , commercial and Industrial Espionage, Weapons trade. UN work regarding jurisdiction and
internet transactions, arbitration jurisdiction (GreCon Dimpter Inc. and J.R. Normand Inc. 2005 SCR
401), Kuwait Airlines Case (Shaw 749), Ecudador vs Chevron (enforcement of judgements, see clipping
Globe and Mail November 26, 2012), CITES (protection of endangered species).