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: Daniel Badovinac, LL.M.
# CONTACT HRS: 48 H
YEAR: 2009
DAYS: Mon-Thursday
ROOM #: G-204
CODE: UGER403
CREDITS: 3
NON CONTACT HOURS: 96 H
PERIOD: Winter I
SCHEDULE: 19:25-20:45
DATE: Dec 7, 2009
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
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-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
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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.
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 be able 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
11
Week # 1
Session 2
January
12
Week # 1
Session 3
January
13
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.
International Business
Transactions Pg. 2-12
The student
identifes 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
2.5 The role of
Counsel in
International
business.
International Business
Transactions Pg. 12-40
ASSESSMENT
(performance
indicators/
markers)
Creates his
own view of
what the
international
trade
environment.
Studies the
nature of how
individuals
interact with
one another in
the business
community
Makes a chart
that includes
the various
actors of
international
law
Week # 1
Session 4
January
14
Week # 2
Session 5
January
18
Week # 2
Session 6
January
19
Week # 2
Session 7
January
20
Week # 2
Session 8
January
21
Week # 3
Session 9
January
25
Week # 3
Session
10
January
26
Week # 3
Session
11
January
27
The student
recognizes the
various forms of
international
business
Forms of
international
business Pt. 2
3.1 Trading goods International Business
across borders:
Transactions Pg. 40-44
Exports and
Imports.
Studies the
various forms of
trading goods
across borders
3.2 Licensing
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production abroad
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Forms of
international
business Pt. 3
3.3 Foreign
investment
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The Student
analyzes the
agreements for
the international
trading of goods
4.1 The basic
transaction
4.2 Formation of
an international
transaction
4.3 Commercial
terms, bills of
lading and
insurance
International
4.4 Wars and
Trading of
other frustrations
Goods
4.5 Electronic
continued
Commerce
4.6 The bill of
lading
4.7 Selling
through
distributorships/A
gents and the use
of countertrade.
5.1 Letters of
The student
credit
examines the
5.2 The Letter of
financing of the credit and
international
electronic
sale of goods
communication
Financing Sale
5.3 Enjoining
of goods pt. 2
payment of letters
of credit for fraud
5.4 Standby
letters of credit
The student
6.1 The World
recognizes the
Trade
function of tariffs Organization
and nontariff
6.2 Customs
import barriers
Classification and
valuation
International Business
Transactions Pg. 48-136
Understands
the reasoning
behind Judicial
Review
International Business
Transactions Pg. 136259
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International Business
Transactions Pg. 259324
Recognizes the
various options
of financing
international
sale of goods
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International Business
Transactions Pg. 359433
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Understands
the mission of
tariffs and
nontariff
Week # 3
Session
12
January
28
Tariffs and non
tariffs continued
Week # 4
Session
13
February
1
The student
analyzes the
responses of
domestic
producers to
import
competition
Week # 4
Session
14
February
2
The student
clearly identifies
the different
dispute
settlement
methods in
international
trade
Week # 4
Session
15
February
3
Week # 4
Session
16
February
4
MIDTERM
EXAM
The student
recognizes the
controlling and
promoting of
exports
6.3 Non Tariff
Trade Barriers
6.4 Free Trade
Areas and
Customs Unions
6.5 Tariff
Preferences for
developing
nations
6.6 Contract
preferences for
local producers
7.1 Subsidies and
countervailing
duties
7.2 Antidumping
duties
7.3 Escape
Clause
proceedings
International Business
Transactions Pg. 433558
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International Business
Transactions Pg. 559658
Read the
reading
assignments for
class
discussion of
whether is
appropriate to
assign
subsidies in
response to
trade
liberalization.
Analyzes the
issues and
problems that
may arise out of
the freedoms of
religion.
8.1 Resolution of
international
disputes
8.2 Choice of law
and choice of
forum clauses
8.3 Extraterritorial
jurisdiction and
discovery
8.4 International
Enforcement of
foreign arbitral
awards
8.5 Enforcement
of foreign
judgments
MIDTERM EXAM
International Business
Transactions Pg. 11721312
MIDTERM EXAM
MIDTERM
EXAM
8.1 Export
controls
8.2 International
economic
boycotts
International Business
Transactions Pg. 659722
Reads the
reading
assignments for
class
discussion of
8.3 Trade in
services
8.4 Section 301
proceedings,
Gats and U.S.
insurance
exports/imports
9.1 Questionable
payments to
foreign officials
“
Foreign Officials
Pt. 2
9.2 Processed
foods in Nigeria
case discussion
“
Week # 5
Session
20
February
11
The student
analyzes the
scope of
International
Commercial
Arbitration and
its role in the
world of
business.
International Commercial
Arbitration Pg. 1-58
Understands
the concept of
voluntary
jurisdiction
through
international
commercial
arbitration
Week # 6
Session
21
February
17
The student
recognizes the
authority of
arbitration
tribunals
10.1 Approaches
to dispute
resolution
10.2 On the
evolution of the
standing of
arbitration within
the legal system
10.3 The sources
of relevant norms
and possible
conflicts between
various sources.
11.1 The
arbitration
agreement as the
cornerstone of the
arbitration
process
11.2 Limits on
arbitrability.
International Commercial
Arbitration Pg. 85-217
Reads the
reading
assignments for
class
discussion of
what kind of
authority do
arbitration
tribunals have
Week # 5
Session
17
February
8
Exports Pt. 2
Week # 5
Session
18
February
9
The student
analyzes the
problem of
questionable
payments to
foreign officials
and develops
possible
solutions.
Week # 5
Session
19
February
10
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what kind of
controls are
applicable in
export issues
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International Business
Transactions Pg. 694779
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Analyzes the
issues and
problems that
may arise out of
bribing foreign
officials in
business.
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Week # 8
Session
22
February
18
The student
analyzes the
competency of
arbitrators.
Week # 8
Session
23
February
22
The student
identifies
transfers of
technology
including the
licensing, theft
and protection
of intellectual
property
Transfers of
technology Pt. 2
Week # 8
Session
24
February
23
Week # 8
Session
25
February
24
Week # 8
Session
26
February
25
Transfers of
technology Pt. 3
Week # 9
Session
27
March 1
Foreign
Investment Pt. 2
The student
analyzes the
various types of
investing in
foreign
countries
12.1
Qualifications,
rights and
responsibilities
12.2 Appointment
and appointing
authorities
12.3 Challenges
13.1 Intellectual
property and
international
transactions
13.2 Franchising
and trademark
licensing
International Commercial
Arbitration Pg. 265-364
Understands
what the
necessary
qualifications to
become an
arbitrator are.
International Business
Transactions Pg. 780889
Analyzes the
issues and
problems that
may arise in
transferring or
selling
technology.
13.3 Protection of
Intellectual
Property
13.4 Section 337
proceedings,
Special 301
procedures
13.5 Patent and
knowhow
licensing.
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14.1 Choices
upon the
formation of the
foreign
investment.
14.2 Issues
confronting the
established
investmentcurrency controls,
transfer pricing
and insolvency
14.3 Third World
debt
14.4 Project
financing
14.5 Foreign
investor is sued
14.6 The taking of
an investment by
a Third World
International Business
Transactions Pg. 9181139
Analyzes the
issues that can
develop in
creating a
business in a
foreign country.
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Week # 9
Session
28
March 2
Week # 9
Session
29
March 3
Week # 9
Session
30
March 4
SUMMARY
REVIEW
Nation
SUMMARY
REVIEW
SUMMARY REVIEW
SUMMARY
REVIEW
FINAL EXAM
FINAL EXAM
FINAL EXAM
FINAL EXAM
EXAM REVIEW
EXAM REVIEW
EXAM REVIEW
EXAM REVIEW
6.- METHODOLOGY
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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.
 Case-law 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
100
100
 Assignments
 Final Exam
100
100
8. - BIBLIOGRAPHY
8.1 Required
-Mediation and Negotiation, Reaching Agreement in Law and Business, Stephen K.
Huber.
-International Business Transactions, William Folsom, Third Edition
- Business Law, Robert W. Emerson
8.2 Hand-outs
 Various Legal Articles
8.3 WEBliography
 General Legal Terms: http://legal-dictionary.com
 EBSCO DATABASE
9.- FACULTY INFORMATION
Name: Daniel Badovinac, LL.M.
Degrees and Awards
Universities
Licenciado en Ciencias Políticas
Universidad Espíritu Santo
Abogado
Universidad Espiritu Santo
Master of Laws in International
University of Houston
Comparative Law
Candidate to Texas Bar Membership
E-Mail: danielbadovinac@gmail.com, danielbadovinac@porta.blackberry.com,
dbadovinac@pge.gov.ec
10.- FACULTY SIGNATURE AND OR DEAN/DIRECTOR’S APPROVAL (SIGNATURE)
Prepared by: Daniel Badovinac
Date: Dec 7, 2009
Reviewed by: Dean Mónica Reynoso
Date:
December, 2009