國際商業交易法 - 報名截止日:02/23

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)

國際商業交易法

金額:13,000元