MVV228K International Business Law

Faculty of Law
Spring 2017
Extent and Intensity
0/1/0. 5 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Prof. Andrew Gareleck (lecturer), doc. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Supervisor
doc. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV228K/01: Mon 15. 5. 18:15–19:45 025, Tue 16. 5. 18:15–19:45 302, Wed 17. 5. 8:00–9:30 025, 9:35–11:05 025, Thu 18. 5. 18:15–19:45 208, Fri 19. 5. 8:00–9:30 133
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 14/30, only registered: 0/30
Fields of study the course is directly associated with
there are 37 fields of study the course is directly associated with, display
Course objectives
1. An understanding of the importance of international business and contracts in an international environment
2. The capacity to apply legal concepts to real life situations, through legal case analysis and problem solving
3. The ability to undertake independent reading and research on the subject, using both traditional and internet resources
Syllabus
  • I.
  • Introduction to International Trade / Government Controls over Trade
  • Reading: Schaffer Chapter 1, page 1 – 6
  • Case: Tarbert Trading Ltd vs Comentals, Inc., US District Court (SDNY) 1987 II.
  • Intellectual Property Rights
  • International Licensing Agreements
  • Franchising
  • Reading: Schaffer Chapter 1, page 6 – 10
  • Cases:
  • o Russian Entertainment Wholesale, Inc. vs Close-Up International, Inc., US District Court (EDNY) 2011
  • o First Flight Associates v. Pro Golf Co, Inc. (1975) – distributed separately
  • o Dayan v. McDonald's Corp. (1984) (page 9)
  • III.
  • Foreign Direct Investment
  • Conducting Business in Developing Countries
  • Reading: Schaffer Chapter 1, page 10 - 16
  • Case: In Re Union Carbide Corporation Gas Plant Disaster at Bhopal (1987) (page 14)
  • IV.
  • Managing the Risks of International Business
  • Risk of Exposure to Foreign Laws and Courts
  • Reading: Schaffer Chapter 1, page 16 - 25
  • Cases:
  • o Transatlantic Financing Corp. vs. United States, US Court of Appeals 1966. (page 16)
  • o Gaskin vs Stumm Handel GMBH, US District Court (SDNY) 1975 (page 18)
  • o Bernina Distributors v. Bernina Sewing Machines Co., 1981 (page 20)
  • o DIP SpA v. Comune di Bassano del Grappa, Court of Justice of European Communities (1995)
  • V.
  • Resolving International Commercial Disputes:
  • o Alternative dispute resolution (ADR) and Litigation
  • o Jurisdiction in Civil and Commercial Cases:
  •  EU and US
  •  Internet/E-commerce cases
  • o Conflicts of Law
  • Reading: Schaffer Chapter 3, page 56 – 69
  • Cases:
  •  Scherk v. Alberto-Culver, US Supreme Court (1974) (page 60)
  •  Asahi Metal Industry Co. v. Superior Court of California, US Supreme Court (1987) (page 63)
  •  Pebble Beach Company v. Caddy, US Court of Appeals, 2006
Literature
  • See Teacher’s Information for full details
Teaching methods
Each student is obligated to remain current with assigned readings.
Assigned readings must be completed BEFORE class to facilitate class discussion.
 Students may be asked to prepare one-page case briefs corresponding to the cases in the assigned chapter.
 The read materials and assignments will be posted on http://www.edmodo.com
 The edmodo.com access code for the class : will be provided
 For credit any assignment that must be turned in should be submitted on http://www.edmodo.com by uploading your document and clicking on “turn in”
Assessment methods
One or two case briefs must be uploaded to Edmodo.com for grading. The cases to be graded are highlighted in the planning schedule. For credit, cases must be submitted on or before the day indicated.
There may also be in-class multiple-choice quizzes based on the prior days reading assignments.
Case briefs/quiz 100%
TOTAL 100%
Language of instruction
English
Further comments (probably available only v češtině)
The course is taught only once.
Teacher's information
Course Overview and Description:

This course focuses on the study of business transactions and international trade. We consider the complex issues of law that practitioners come across in private international transactions, including trade (exporting), the licensing of intellectual property, or engaging in foreign direct investment.

The course seeks to enable future practitioners to take important “risk management” approaches to the handling of complex business transactions. We seek to develop an understanding of the various aspects of international business transactions, identifying the issues that may pose problems to businesses. We consider models for taking risks out of international business transactions.

We will also learn about the resolution of disputes between companies located in different countries, considering both legal and tactical issues.

The objective of the course is to develop confidence and skills in identifying issues, determining problem areas and providing advice to future clients.

Texts and References:

 Schaffer, Richard; Earle, Beverly; and Agusti, Filiberto; Dhooge International Business Law

and Its Environment, West Legal Studies in Business, Ninth Edition, 2016

 Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson; Business Law and the Legal Environment, Standard Edition, South-Western College/West, 6 edition (2013) ISBN-13 978-1111530600

 Roger LeRoy Miller, Gaylord A. Jentz; Cengage Advantage Books: Business Law Today, The Essentials: Text and Summarized Cases South-Western College/West, 9th edition (2011) ISBN-10: 0324786522 ISBN-13: 978-0324786521

 Folsom, Ralph H.; Gordon, Michael Wallace; Spanogle Jr., John A.; Fitzgerald, Peter L., International Business Transactions: A Problem-Oriented Coursebook, West Law School, 10th edition, 2009


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