UNIVERSIDAD DE ESPECIALIDADES ESPÍRITU SANTO
FACULTAD DE ESTUDIOS INTERNACIONALES
SYLLABUS
ENGLISH VERSION
FOR DAC 11 VER 12 03 09
COURSE:
Legal Topics in Foreign Trade
FACULTY: Jaime Arosemena, LL.M.
# CONTACT HRS: 48 H
YEAR: 2011
DAYS: Mon-Thursday
ROOM # : F-206
CODE: UGER403
CREDITS: 3
NON CONTACT HOURS: 96 H
PERIOD: Winter 2011
SCHEDULE: 21:00-22:20
DATE: Dec 13, 2010
1.- DESCRIPTION
Course designed to provide the student the legal structure to comprehend the reasons
why different agreements are created in International Commerce.
2.- JUSTIFICATION
This course will examine the legal system and promote an appreciation of the many legal
complexities in today’s International commerce environment. Students will explore and
understand the basic principles of International Business Transactions, including the
structure of the key institutions and treaties that regulate international commerce.
3.- OBJECTIVES
3.1 GENERAL


-To enhance legal analysis of diverse fact patterns that test the validity of the
principles studied in the specific focus areas. To develop both oral and written
responses that are required to demonstrate proficiency in applying law to practical
international trade cases.
-To examine the principle areas of international commercial law in a multijurisdictional and international climate enhancing the understanding and
interpretation of legal principles and regulations in a global environment.
3.2 SPECÍFIC



To discuss various ethical and professional issues facing legal professionals in the
practice of business.
Know the basic principles of International commercial law including regulation
structure, key institutions, international trading tools and legal transnational issues.
Learn relevant legal provisions on patents, copyrights and trademarks.
4.- COMPETENCIES

To demonstrate a basic understanding of the key focus areas of International
Commercial law including regulation structure, key institutions, international trading
tools and legal transnational issues.

To apply the legal principles examined in the course to real life situations in a
manner that develops their analytical reasoning skills.
5.- COURSE CONTENT OUTLINE
DATE
Week # 1
Session 1
January 10
Week # 1
Session 2
January 11
Week # 1
Session 3
January 12
Specific
competencies
Content
Homework/projects/
assignments
(Non-Contact Hours)
The student
identifies the
policies and
description of
the course
and learns of
the
importance of
the subject.
The student
analyzes the
conduct of
business in
the world
community
None: Class
Discussion
1.1 Commerce or
isolation: the
decision to trade.
Course Materials (pgs 1 5).
The student
identifies the
actors of
international
trade
2.1 Who are
foreign traders?
2.2 Nonmarket
economies and
state trading
organizations
2.3 Dependent,
developing and
advanced
developing
countries. The
new international
economic order
and a law of
development
2.4 International
Economic
Institutions
Course Materials (pgs 6
– 12).
ASSESSMENT
(performance
indicators/
markers)
Creates his
own view of the
international
trade
environment.
Analyzes the
nature of how
individuals
interact with
one another in
the business
community
Makes a chart
that includes
the various
actors of
international
trade.
Week # 1
Session 4
January 13
The student
recognizes
the various
forms of
international
business
Week # 2
Session 5
January 17
Week # 2
Session 6
January 18
The Student
analyzes the
agreements
for the
international
trading of
goods
International
Trading of
Goods
continued
International
Trading of
Goods
continued
International
Trading of
Goods
continued
International
Trading of
Goods
continued
The student
examines the
financing of
the
international
sales of
goods.
The student
identifies the
types of
Intellectual
Property
rights.
Rights
continued
Week # 2
Session 7
January 19
Week # 2
Session 8
January 20
Week # 3
Session 9
January 24
Week # 3
Session 10
January 25
Week # 3
Session 11
January 26
Week # 3
Session 12
January 27
2.5 The role of
Counsel in
International
business.
3.1 Trading goods
across borders:
Exports and
Imports.
3.2 Licensing
production abroad
3.3 Foreign
investment
4. The basic
transaction
Course Materials (pgs 13
– 15).
Recognizes the
various forms of
trading goods
across borders
Course Materials (pgs 16
– 29)
Identifies the
legal
repercussions
of international
trade of goods.
4.2 Commercial
terms, bills of
lading and
insurance
4.3 Wars and
other frustrations
Course Materials (pgs 30
– 46).
4.4 Electronic
Commerce
Course Materials (pgs 62
– 73).
4.6 Selling
Through
Distributorships/
Agents Countertrade
Course Materials (pgs.
74 – 88).
5. Introductions
Letters of Credit.
5.1 Letters of
credit and
Electronic
Communication
Course Materials (pgs.
88 – 107).
Introduction to
Patents
Introduction to
Copyrights
Course Materials (pgs 46
– 62).
Recognizes the
various options
of financing
international
sale of goods
Identifies the
difference
between
patents,
trademarks and
copyrights.
Week # 4
Session 13
January 31
Week # 4
Session 14
February 1
Week # 4
Session 15
February 2
Week # 4
Session 16
February 3
Week # 5
Session 17
February 7
Introduction to
Trademarks
MIDTERM
REVIEW
MIDTERM
REVIEW
MIDTERM REVIEW
MIDTERM
EXAM
MIDTERM EXAM
MIDTERM EXAM
The student
identifies
transfers of
technology
including the
licensing,
theft and
protection of
intellectual
property.
9.1 Franchising
and Trademark
Licensing
Course Materials (pgs.
108 – 126).
9.2 Protection of
Intellectual
Property
Course Materials (pgs.
126 -143).
9.3 Protection of
Intellectual
Property - TRIPS
Course Materials (pgs.
143 – 157)
Week # 5
Session 18
February 8
Week # 5
Session 19
February 9
The student
analyzes the
various types
of investing
in foreign
countries
10. The Decisions Course Materials (pgs
and ways to
158 – 167).
invest abroad.
Week # 5
Session 20
February 10
10.1 Choices
upon the
formation of
foreign
investments.
Course Materials (pgs
167 – 186).
Week # 6
Session 21
February 14
Week # 6
Session 22
February 15
10.5 Foreign
Investors Sued.
Course Materials (pgs
187 – 202)
Week # 6
The student
10.6 The taking of Course Materials (pgs
an investment by 202 – 217)
a Third World
Nation.
11. Introduction to Course Materials (pgs
Reviews class
notes –
students should
come to class
prepared to ask
specific
questions.
MIDTERM
EXAM
Analyzes the
issues and
problems that
may arise in
transferring or
selling
technology.
Analyzes the
protection of
intellectual
property.
Analyzes the
issues that can
develop in
establishing
and operating a
foreign
investment.
Analyzes the
218 – 225)
Week # 7
Session 26
February 22
Dispute
Settlement
Options
11.1 Resolution of
International
Disputes
11.2 Choice of
Law and Choice
of Forum
Clauses.
11.4 International
Enforcement of
Arbitral Awards.
Week # 7
Session 27
February 23
11.5 Enforcement
of Foreign
Judgments
Course Materials (pgs
259 – 273)
MAKE-UP
DAY /
RESEARCH
MAKE-UP
DAY /
RESEARCH
SUMMARY
REVIEW
MAKE-UP DAY /
RESEARCH
MAKE-UP DAY /
RESEARCH
Examines the
process to
enforce
international
arbitral awards.
Examines the
process to
enforce foreign
judgments.
MAKE-UP DAY
/ RESEARCH
MAKE-UP DAY /
RESEARCH
MAKE-UP DAY /
RESEARCH
MAKE-UP DAY
/ RESEARCH
SUMMARY
REVIEW
SUMMARY REVIEW
SUMMARY
REVIEW
FINAL EXAM
FINAL EXAM
FINAL EXAM
FINAL EXAM
Session 23
February 16
Week # 6
Session 24
February 17
Week # 7
Session 25
February 21
Week # 7
Session 28
February 24
Week # 8
Session 29
February 28
Week # 8
Session 30
March 1
Week # 8
Session 31
March 2
Week # 8
Session 32
March 3
analyzes the
different
dispute
resolution
methods for
international
disputes.
EXAM
REVIEW
EXAM REVIEW
Course Materials (pgs
225 – 242)
Course Materials (pgs
242 – 258)
Course Materials (pgs
259 – 273)
EXAM REVIEW
different
international
alternate
dispute
resolution such
as mediation
and arbitration.
EXAM REVIEW
6.- METHODOLOGY




This survey will be treated and conducted like a law school class in the English
speaking world.
In addition to a midterm and final exam, students will be called upon to provide
recitation of facts and case materials.
The choice of recitation is random and students will be required to be prepared at
each and every class period.
In addition to the Socratic method of case recitation, lecture, group discussions and
practical exercises will be conducted in class.
7.- EVALUATION
7.1 Assessment Criteria
 Class discussion
 Analysis of different areas of international commercial law
 Elaboration of comparative tables.
 Caselaw Analysis
7.2 Performance Markers
 Determines the definition of the concept of business law
 Selects book
 Establishes the importance of legal knowledge in the business world.
 Analyzes cases based on the IRAC method.
7.3 Weighting
 Class Participation
 Midterm Exam
 Assignments
 Final Exam
100
100
100
100
8.- BIBLIOGRAPHY
8.1 International Business Transactions, FOLSOM WILLIAM, Third Edition
8.2 Hand-outs
 Various Legal Articles
 Copies or printouts on certain legal subjects
8.3 WEBliography
 General Legal Terms: http://legal-dictionary.com
9.- FACULTY INFORMATION
Name: Jaime Arosemena, LL.M.
Degrees and Awards
Universities
Licenciado en Ciencias Políticas
Universidad Católica de Guayaquil
Abogado
Universidad Católica de Guayaquil
Master of Laws in Intellectual
Franklin Pierce Law Center, Concord, NH
Property, Commerce & Technology
E-Mail: jarosemena@coronelyperez.com
10.- FACULTY SIGNATURE AND OR DEAN/DIRECTOR’S APPROVAL
(SIGNATURE)
Prepared by: Jaime Arosemena
Date:
December, 2010
Reviewed by: Dean Mónica Reynoso
Date: December, 2010