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Center for Curriculum and Transfer Articulation
International Law
Course: IBS105

First Term: 1997 Fall
Lecture   2 Credit(s)   2 Period(s)   2 Load  
Subject Type: Occupational
Load Formula: S


Description: Introduction to the legal aspects and ramifications of international trade topics including multinational enterprises, sovereignty, technology transfer, arbitration, negotiation and diplomacy



MCCCD Official Course Competencies
1. Define world trade patterns, the role the U. S. plays, and the increasing prominence of other countries. (I)
2. Identify U.S. trade laws. (I)
3. Analyze multinational enterprise and the international regulation trends affecting MNEs. (I)
4. Describe the role of third party intermediaries in international trade. (II)
5. Identify the general document requirements of international transactions. (II)
6. Define CISG and its sphere of application. (II)
7. Perform the steps necessary to connect to the internet and research current legal/trade law issues from several foreign markets. (II)
8. Define the legal benefits of an economic community to member nations. (III)
9. Explain the legal purpose of the European Economic Community and the impact on international trade of 1992. (III)
10. Assess the nature of community law and its effect on the free movement of goods and capital. (III)
11. Identify and evaluate effect of regional economic groups in third world and developing nations. (IV)
12. Analyze the potential legal and economic problems of doing business with nonmarket economy nations. (IV)
13. Explain the methods that nations utilize for controlling technology transfers across national borders. (V)
14. Indicate the ways in which intellectual property may be protected both on a local level and on an international level. (V)
15. Evaluate effectiveness of current legal protection from the marketing of gray market goods. (V)
16. Define what is meant by sovereign immunity and act of state doctrines. (VI)
17. Define GATT (General Agreement on Tariffs and Trade), its purpose, and its effectiveness in reducing tariff barriers. (VI)
18. Identify the role of United States Customs law in international trade. (VI)
19. Define foreign and domestic governmental legislation to restrict imports. (VI)
20. Describe the various types of export restrictions including quotas, licensing, export taxes, minimum export prices, and embargoes. (VII)
22. Explain the importance of including dispute settlement clause in the initial international business agreements between parties. (VII)
23. Indicate why preference has increased with merchants, investors and host countries for arbitration. (IX)
24. Explain the importance of pre-negotiation, negotiation, and re-negotiation planning. (X)
25. Analyze the reasons for utilizing negotiating teams. (X)
26. Identify typical problems in negotiation with negotiating opposites from foreign countries. (X)
27. Define sovereign immunity and act of state doctrine and how they are used. (X)
28. Identify typical problems in negotiation with negotiating opposites from foreign countries. (X)
29. Define sovereign immunity and act of state doctrine and how they are used. (X)
30. Describe the insurance programs (private, national and international) of the major investor nations to cover foreign investment risks. (XI)
MCCCD Official Course Competencies must be coordinated with the content outline so that each major point in the outline serves one or more competencies. MCCCD faculty retains authority in determining the pedagogical approach, methodology, content sequencing, and assessment metrics for student work. Please see individual course syllabi for additional information, including specific course requirements.
 
MCCCD Official Course Outline
I. Introduction to International Law
   A. World trade patterns
   B. United States trade laws
   C. Foreign investment law
   D. Multinational enterprise (MNE)
   E. Cultural and social influences as a basis for law doctrines
II. International Trading of Goods
   A. General agreement on tariffs and trade (EATT)
   B. Unification of international trade law
   C. Doing business in non-market economy (NME) nations
   D. Doing business in developing nations
   E. Using the internet as a source of legal information
III. European Economic Community
   A. EC overview
   B. Nature of community law
   C. Free movement of goods
   D. Other features
   E. Antitrust laws
IV. Integration in the Third World and Non-market Economy and Developing Nations
   A. Regional economic group legal structures
   B. The Association of South East Asian Nations (ASEAN)
V. Technology Transfers
   A. The nature of technology transfers
   B. Licensing
   C. Protection of intellectual property rights
   D. International patent and know-how licensing
   E. Protection from piracy
   F. Gray market goods
   G. Sovereign immunity
VI. Regulation of Imports
   A. Import banks, quotas and licenses
   B. Customs
VII. Regulations of Exports
   A. Organizing legal issues for exporting
   B. Export controls and licenses
   C. Governmental action in export promotion
VIII. Money and International Business Transactions
   A. The International Monetary Fund
   B. Regional and other development banks
   C. International documentary sales transactions
IX. Litigation and Arbitration
   A. International and national courts
   B. Dispute settlement by arbitration
   C. Arbitration rules and local law
   D. International arbitration rules
X. Negotiating International Business Transactions
   A. Negotiating styles in business transactions
   B. Negotiating teams
   C. Importance of procedure
   D. Language of negotiations and agreements
   E. Planning for re-negotiation
XI. Sovereign Immunity and Act of State Doctrine
   A. Sovereign immunity
   B. The Act of State Doctrine
   C. Risk of foreign investment losses
   E. Planning for re-negotiation
XI. Sovereign Immunity and Act of State Doctrine
   A. Sovereign immunity
   B. The Act of State Doctrine
   C. Risk of foreign investment losses
 
MCCCD Governing Board Approval Date: 10/22/1996

All information published is subject to change without notice. Every effort has been made to ensure the accuracy of information presented, but based on the dynamic nature of the curricular process, course and program information is subject to change in order to reflect the most current information available.