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Administrative Law (3) IBT 703/Law 250
Introduction to the law creating, structuring, empowering, and limiting administrative agencies, with an emphasis on the principles common to all administrative agency action; topics include administrative procedure, the scope of judicial review of administrative action and the relationship of administrative agencies to the political branches of government. [Fall term**]
China and the World Trade Organization (1) IBT 799-I
The course is a general review of present basic Chinese legal concepts that underlie international business and investment transactions mainly from the viewpoint of foreign parties. There is emphasis on high-technology industrial products and services that are gaining importance in China’s rapidly expanding domestic and export markets besides attracting more foreign investment. [Spring term**]
Commercial Law of the Arab Middle East (1) IBT 719
This course will explore current legal aspects of doing business in the Arab Middle East, as revealed in local laws, court/arbitral decisions, treatises and law review articles. Introductory classes will lay the foundation for further study, by examining the sources of Arab commercial law (Islamic, civil and even common law antecedents), and how Arab constitutions and civil codes 'prioritize' these sources of law. The course will examine specific examples of potential conflict between Western and Arab legal rules (including the classic Islamic law prohibition against interest on money, riba). Subsequent classes will build on this foundation, by looking at practical examples of business transactions involving the Arab Middle East, such as product sales through commercial agency and distributorship networks, and the special problems that may arise in a multinational company's contracts with Arab government entities. [Spring term**]
Corporate Responsibility in the Asia-Pacific from Sydney to Hong Kong (1) IBT 799-U
Insolvency law reform in the Asian and Pacific region has become an important indicator of the region’s commercial modernization. The course will compare and contrast the remedies available to lenders, trade creditors and investors in insolvent companies in Australia, New Zealand, Hong Kong and Thailand. The remedies available to each type of creditor do differ and they may differ within each jurisdiction, but at the same time there are underlying similarities arising out of the common juridical ancestry of the common law countries. The course assumes an understanding of U.S. Bankruptcy law and procedures, but is not intended to be U.S. Comparative law.
[Spring or Summer term**]
Drafting International Business Agreements (1) IBT 733
This course will focus on drafting international commercial contracts and various clauses in such contracts. The course will emphasize drafting, discussion of provisions drafted, building awareness of diverse drafting influences, the effects of these pre-drafting considerations on drafting, and review and discussion of selected international contracts and clauses currently in use. The pre-drafting considerations include the impact of selected international conventions, selected local-impact foreign laws, and selected U.S. laws on your drafting exercises. Students will also learn about various other pre-drafting influences on international contract drafting; gain an understanding of drafting options in selected situations; absorb many other drafting insights; and practice making thoughtful drafting decisions. [Fall term**]
European Company Law (1) IBT 799-R
This course will focus on some notable differences between corporate law in the US and company law in Europe will be highlighted, such as: two-tier boards v. one-tier board, powers and liabilities of directors (could "Walt Disney" happen in Europe?), derivative and class actions, involvement of employees; groups of companies (protection of minority shareholders and creditors, piercing the corporate veil); hostile takeovers ("The Americans at the Gate in Europe", proxy solicitation, defense mechanisms; the "Delaware Syndrome" in Europe; the "Societas Europaea"). [Spring or Summer term**]
*Prerequisite: Corporations Law
European Union Regulation and Governance (1) IBT 799-A
This course will focus on the essentials EU law and jurisdiction, with special emphasis on legislation, regulation and litigation, and their significance to North American attorneys and their clients. [Spring term**]
Globalization, Human Rights and Labor Markets (1) IBT 799-J
This course is an introduction to international human rights law, policy and process as applied to individuals affected by international business. The course will examine a range of human rights issues affecting international business and trade law from the perspective of both the United States and international law. [Summer term**]
International Agri-Business Law (1) IBT 799-L
This course will explore treaties, laws, and practice affecting the import and export of agriculture products (on the hoof and value added) with attention paid to customs' and food and drug requirements, environmental and intellectual property issues, and the effect of politics on agricultural issues. [Spring term**]
International Business and Trade in Antiquities, Art & Cultural Property (1) IBT 799-K
This course is devoted to the business and ethical aspects of the international trade in antiquities, art and cultural property. This course will cover UNESCO, UNIDROIT, cultural property ethics, the Free International Movement of Cultural Property and international trade of cultural property. [Summer term**]
International Commercial Arbitration (1) IBT 799-P
This seminar will focus on the basic principles governing international commercial arbitration from the point of view of both litigators and arbitrators. It will be based on a collection of materials and cases. While there are no specific prerequisites, students should have basic knowledge in international business transactions and litigation. [Spring or Summer term**]
International Criminal Law (1) IBT 799-G
This course will focus on the general nature of international criminal law, aspects of international cooperative enforcement, international prosecutorial efforts and tribunals, offenses against peace, crimes against humanity, genocide, human rights, aspects of slavery, privacy, drug trafficking and related offense, counterfeiting and transnational crimes. [Spring term**]
International Economic Development Law (2) IBT 770
This course reviews international calls for global economic development and public and private efforts to meet those calls. Within the context of the North-South debate, the course will consider approaches to international contracting and regulation of foreign involvement in economic development sectors, as well as development initiatives in the IMF, the World Bank, and the GATT/WTO. [Summer term**]
International Secured Transactions (1) IBT 710
This course will focus on: the basics of the U.S. UCC Article 9, key provision for extra-territorial application of Article 9, comparative legal provisions, international secured transactions (model laws and conventions) and international insolvency provisions. [Spring term**]
Introduction to Civil Law Systems (1) IBT 799-T
This course introduces students to the civil law system, roughly defined as an ensemble of legal thought formations and practices derived from Roman law. We will briefly examine the history, methods and institutions of the world’s oldest and influential legal tradition. We will then apply the basic principles of Civil Law in respect of contracts, torts, criminal law, property, and trusts. Comparisons of legal frameworks and positions are included in the course approach. [Fall term**]
Law and Ethics in Global Business (1) IBT 799-M
This course will focus on the legal principles generally applicable to business around the world, and how to advice your clients on integrating law into their worldwide business decisions and organizations. Specific topics include organizing and governing multinational group operations and providing effective counseling to global corporate executives. The course also addresses issues of business ethics.
[Fall or Spring term **]
Law and Practice in Trade Compliance (1) IBT 799-Q
This course will provide information from a “corporate compliance” officer’s position as it relates to International Trade Compliance. This will entail applying courses, such as, but not limited to: Business Aspects of Immigration Law, Chinese Business and Investment Law, EU Business & Investment Law, Import/Export Law, Legal Ethics in Global Business, NAFTA, and International Environmental Law, amongst others. The purpose of this class is to apply theoretical concepts to daily challenges an international trade attorney may face in “Corporate America,” including ethical and moral obligations vis-à-vis the corporate culture and shareholder rights. [Summer term**]
*Prerequisite: IB 700 Import and Export Law or International Trade Law
Mergers and Acquisitions from an EU Perspective (1) IBT 799-N
This course will discuss and analyze principles and practices relating to M&A, including Private Equity and Venture Capital, in the European Union, looking at cross-border and domestic transactions within the European Union. The class will be conducted in an interactive discussion format, analyzing cases, hypothetical scenarios, European standard forms and comparing them with U.S. ones. [Summer term**]
South Asia Commercial Law (1) IBT 799-E
This course will be an introduction to the legal and business issues affecting international business and investment in India. A brief introduction will be included about Bangladesh, Nepal, Pakistan and Sri Lanka. Among topics covered will be the historical development of the common law system in South Asia and its influence on today's business law system; the contemporary law of business structuring in India; foreign investment laws, joint ventures, licensing of technology, intellectual property laws, international arbitration laws, tax laws, information technology laws, and other business laws of India. The major focus of this course will be India with a very brief overview of other countries of the Indian subcontinent. [Fall or Spring term**]
The Foreign Corrupt Practices Act (2) IBT 727
The focus of the course will be to provide a background into a rapidly developing area of law. Various aspects of a host of legal issues will be addressed, including international law, mutual legal assistance, criminal law, securities law, labor law, conflicts of law, contract law, and government procurement as well as a range of other legal regimes. [Fall term**]
The World Trade Organization (1) IBT 799-H
This course will focus on: policies and realities of the international economic regulation, the international institutions of Trade (WTO and the GATT), national institutions, rule implementation and dispute resolution, tariff and nontariff barriers, most favored nation policy, safeguards and adjustment policies, national treatment obligations and nontarriff barriers, competing policies and ingenious devices, unfair trade and the rules of dumping, the perplexities of subsidies in international trade, the Uruguay Round “new subjects” – extending the scope and competence of the World Trading System and economies with special circumstances. [Spring term**]
Transnational Legal Practice Issues (1) IBT 723
This course will focus on: Westphalian states, changes in international law, globalization, transnational practice in Europe (European rights of establishment), multijurisdictional practices in the USA, transnational practice in the world (GATS-WTO), comparative current issues in rules of ethics in the U.S. and EU and the future of the profession (ABA’s Commission on the Future 2002 and IBA’s Commission 2020).
[Spring or Summer term**]
U.S. Customs and Import Law (2) IBT 700
This course deals with the basics of customs and import law and regulation. Topics discussed include import rules and procedures, tariff classification, valuation, free trade agreements, duty preference programs, rules of origin, and marking rules. The course will explore the new age of trade security, corporate compliance, and recordkeeping requirements. It will look at 337 Actions, administrative and judicial procedures for appealing adverse findings, and the process for handling penalties. Finally, the World Trade Organization and customs rules around the world will be considered. [Spring term**]
U.S. Export Law (1,2) IBT 750
This course will introduce students to general principles of U.S. export law including export licensing, export violations, and enforcement actions. The course will explore the OECD Convention on Bribery of Foreign Government Officials and the Inter-American Convention against Corruption. It will also cover the anti-boycott laws, the Trading with the Enemy Act, the Foreign Corrupt Practices Act, "deemed exports" and the International Traffic in Arms Regulations (ITAR). [Spring term**]
U.S. Free Trade Agreements (2) IBT 766
This course will introduce students to various U.S. free trade agreements and the legal structure that supports them. Among the agreements the course will consider are the North American Free Trade Agreement, the Central America- Dominican Republic-U.S. Free Trade Agreement, the U.S. Chile Free Trade Agreement, and the U.S. Singapore Free Trade Agreement. The course will address the roles of the executive and legislative branches and the U.S. Trade Representative in the creation and negotiation of free trade agreements.The course will also address the rules of origin and customs procedures, intellectual property protection, labor standards, environmental standards, various dispute resolution mechanisms, and the relationship between U.S. free trade agreements and the World Trade Organization. [Fall term**]
NOTES:
*Prerequisite required
**The Center for International Law of The John Marshall Law School reserves the right to cancel or reschedule its courses as necessary.
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