Course Syllabus INTERNATIONAL BUSINESS LAW– IBN 311 Winter 2014 Instructor: Course Number: Time: Location: Lisa Pau, J.D., L.L.M. e-mail: lisa.pau@seattlecolleges.edu IBN-311 THURS, 4:30 - 7:00 p.m. BEIT Conference Room, IB 2412C (note, classroom changed) Course Textbook: International Business Law and Its Environment (8th Ed.), by Schaffer/Agusti/Dhooge/Earle, published by Cengage Learning Office Hours: By appointment, place TBA. My office is in IB 2423C, Suite 16 (note: this is a shared part-time faculty office so in order to talk, we may need to meet elsewhere). Please see me after class to make an appointment. Course Description & Objectives: This course is an introduction to international business law and fundamental legal concepts. The course will help students identify legal issues that arise in the realm of international business, familiarize students with core concepts and vocabulary, and instill an understanding of how basic international transactions work from a legal perspective. The goal is to provide students with an understanding of some of the most common legal issues that arise in international business. Students will achieve an understanding of the legal framework for resolving international commercial disputes, and a familiarity with key terminology used by professionals who work in this field. The course will examine common risks that affect business transactions in the global marketplace. Students will learn, among other things, about different methods for resolving disputes (including litigation, arbitration, and mediation), the relative pros and cons of exporting versus licensing one’s product to international markets, forming a joint venture or using another form to set up a business relationship, and potential risks and benefits of foreign direct investment. Students will also learn the basics of an international sales transaction, what contracts and other documents are involved, as well as who the key parties are to such a transaction. Finally, we will learn about international trade agreements, international marketing and ethics, intellectual property rights, and international labor and employment matters. Often, we will illustrate concepts with in-class discussion of news items and current events. Students are encouraged to read newspapers and magazines and bring questions and discussion topics that relate to our course of study to the instructor’s attention. Disclaimer of legal representation: The Instructor is an experienced attorney who currently does not practice law. Nothing in this class is intended to establish an attorney-client relationship. Please do not take any information provided in this course as legal advice. Please do not attempt to seek legal advice from the Instructor or present your personal legal problems. Grading System: Participation & Professionalism: Writing Assignments/Papers (2): Quizzes (8): Midterm Exam: Final Exam: Total: 100 Points 100 Points 80 Points 80 Points 140 Points 500 Points Note: Extra credit will be offered. If your grade in this class is something you are/will be concerned about, I encourage you to take advantage of ALL extra credit opportunities as they arise. No “special” extra credit will be offered on an individual basis at the end of the quarter because you failed the mid-term, missed several classes, had to care for your sick iguana, etc. CLASSROOM CONDUCT, POLICIES & ASSIGNMENTS Three (3) important points to know at the outset: Language. This course assumes a working knowledge of the English language. The ability to fluently speak, listen, read and write in English is essential in order to successfully complete this class. Reading expectation. It is critical that students do the reading outlined below IN ADVANCE of each class. Class discussion is an important part of this course. To meaningfully participate, students must have completed the reading prior to our class meetings. Participation points will not be awarded for merely spouting off with uninformed opinions or personal experiences unconnected to the material. Points will be awarded for thoughtful comments that demonstrate familiarity with, and thoughtful processing of, the assigned reading material. Professionalism. We will strive at all times to maintain an environment that is professional and respectful. Students are expected to arrive to class on time, unless prior arrangements have been made. Please be prepared to engage in class without distraction. NO CELL PHONE USE, texting, emailing or internet browsing during class. Policy on Due Dates, Late Submission of Assignments, and Special Accommodations: - All assignments should be submitted at the start of class on the requested due date, unless alternative arrangements have been made in advance with the Instructor. Assignments submitted late will be penalized 20% for each day late. 2 - If you need special accommodations due to a disability or for any another reason, please inform the Instructor as soon as possible and in any event no later than 48 hours in advance of when you will need the accommodation. This is to ensure that your request is considered in a timely manner and proper arrangements can be made. In-Class Discussions: Students are required to participate in class discussions that cover the reading material. Again, points will not be awarded for random comments, questions or expressions of personal opinion. (See above on “Reading expectation.”) Students may be assigned to lead discussions on particular topics, and will be called upon to answer questions in class. This is not intended to make you feel uncomfortable, but to foster engagement and active listening. Please note: Participation in class discussions will be counted towards “Participation & Professionalism” points. P & P points are worth 20% of your total grade. Quizzes (8, worth 10 points each): Quizzes will be given during class and they will be “closed book,” meaning that you are not to rely on notes or the textbook or your peers, or on any other study aids. Quizzes are not designed to stress you out – they are designed to motivate you and reward you for completing the reading and attending class! Midterm & Final Exam: The Midterm and Final Exam will be discussed in more detail in class. These exams will most likely consist of true-false and multiple-choice questions, to be taken on a “limited open book” basis, meaning that notes and outlines you create yourself will be permitted, but the use of the textbook will not be permitted. You are encouraged to take notes and create a course outline to help you keep track of course material and organize your thinking, beginning on Day One (the first day of class) or earlier. We will discuss how to create a course outline in class. The Midterm should give you a preview of the format to be used for the Final Exam. Writing Assignments/Papers (2, worth 50 points each): Students will be asked to write at least two papers on separate hypothetical scenarios pertaining to International Business Law. You will be asked to make use of the textbook and apply your learning to a real-world situation. Students are encouraged to use the Page One Writing & Language Center on campus. We will discuss the papers more in class. PLAGIARISM, ACADEMIC DISHONESTY AND CLASS ROOM CONDUCT Plagiarism and/or other forms of cheating will not be tolerated and will result in a failing grade as well as a report to the Administration. If you are unclear on what plagiarism is, the library offers several guides to help you understand and avoid plagiarism. Please don’t cheat. It will not serve you in the long run. 3 READING SCHEDULE & ASSIGNMENT DATES Week 1 (January 9): Why study international business law? What are your career goals and how might this class help you in pursuit of those goals? What will we learn about in this class? Chapter 1: Introduction to International Business Take Class Photo. Review Syllabus, goals and conduct of the class. Discuss Study Skills and how to outline the course. Review Ch 1 and introduce Ch 2. Week 2 (January 16): What is the “lay of the land” when it comes to international law? What are the sources of international law? How is it enforced, and who enforces it? What is jurisdiction? Who are the actors (or players) when it comes to international law? Is there an international police force? Chapter 2: International Law and the World’s Legal Systems Week 3 (January 23): How might we avoid business disputes? If a dispute is unavoidable, what are the different ways in which we might resolve it? What is mediation? Arbitration? What happens when you go to court on an international dispute? What happens when the laws of different countries conflict? Chapter 3: Resolving International Commercial Disputes Week 4 (January 30): (* tentative due date for 1st Writing Assignment) How do parties enter into international sales contracts? What are the basic elements of a contract, and what are common pitfalls of an international contract? What law governs in the event of a breach? Why might performance of a contract be excused? Chapter 4: Sales Contracts and Excuses for Nonperformance Week 5 (February 6): In a typical international sales transaction, what documents are involved? How do you exchange goods for money? How are goods transported? Who is responsible for shipping, and for loss or damage of goods during shipping? What principles apply in this area? Chapter 5: The Documentary Sale and Terms of Trade 4 Week 6 (February 13): How do you pay for goods internationally? How can you be confident that you will get the goods you paid for? Alternatively, how do get paid once you have shipped goods overseas? What role do banks play, and what are their responsibilities? What is a letter of credit? Chapter 7: Bank Collections, Trade Finance, and Letters of Credit (note: we will skip Chapter 6) Week 7 (February 20): * Midterm will be held this week at the beginning of class: To be discussed further in class. What rules govern international trade and who are the major players? What is an international trade agreement, who/what is the WTO, and why is it controversial? What is the legal framework for enforcing an international trade agreement? What do such agreements cover and what should they perhaps cover? Chapter 9: GATT Law and the World Trade Organization: Basic Principles (note: we will skip Chapter 8) Week 8 (February 27): What special laws regulate relationships in international commerce, for example, a firm’s relationship with a sales representative working abroad? When it comes to advertising abroad, what issues should you be aware of? What is the Foreign Corrupt Practices Act and how might it affect your business relationships? Chapter 16: International Marketing Law: Sales Representatives, Advertising, and Ethical Issues (note: we will skip Chapters 10-15) Possible Guest Speaker Week 9 (March 6): What is a license versus an ownership right? What are IPRs (intellectual property rights), how are they transferred, and what are the mechanics of a transfer? How are IPRs enforced internationally? Why is this area growing so rapidly, and what are the concerns for U.S. companies in a global business environment? ● Chapter 17: Licensing Agreements and the Protection of Intellectual Property Rights 5 Week 10 (March 13): What are some of the basic approaches to labor law internationally? What factors might affect a firm’s ability to dismiss an employee? What are the basic principles of employment antidiscrimination laws, both in the U.S. and abroad? What other laws commonly regulate working conditions? ● Chapter 19: Labor and Employment Discrimination Law (note: we will skip Chapter 18) Week 11 (March 20): Final Class: The format of the Final Exam will depend upon the results of the Midterm. We may have an in-class final OR a take-home final, or a combination of both. Final Exam Details to be announced. ONLINE RESOURCES - Fac Web Page for “official” class info, handouts & assignments: http://facweb.northseattle.edu/lpau/IBN_311/ - Instructor’s Class Blog (updates, optional info): https://people.northseattle.edu/blogs/lpau LAST BUT NOT LEAST The syllabus, its contents, and the reading schedule are all subject to change. It is your responsibility to attend class and stay current. If you need to miss a class, please inform the Instructor in advance or immediately afterwards of the reason for your absence. It would be a good idea to speak to a fellow student and review what you missed in class, including handouts, any revisions to the syllabus/reading schedule, any announcements and/or other information. You are responsible for staying current on this information. Last updated: 1.5.14 6