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Spring 2020
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LAW309
A INTERNATIONAL BUSINESS TRANSACTIONS
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Course Description
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This is a survey course concerned with the problems likely to be encountered when firms engage in transnational business transactions. The areas covered are: (i) sale of goods and services, (ii) establishment and management of agencies, distributorships and other strategic alliances in foreign markets, (iii) protecting and licensing intellectual property rights, (iv) the conduct of direct foreign investments, including the protection of property from expropriation and nationalization, (v) compliance with foreign exchange regulations, and competition policies especially antitrust, and with labor and environmental laws. The course also introduces the student to selective problems in transnational litigation, including suits against foreign sovereigns, service of documents abroad, discovery of evidence located abroad, the recognition of foreign judgments and the enforcement of international arbitration agreements and awards. In addition to treaties and other sources of international law, including the World Trade Organization (WTO) agreements and NAFTA. We will take a comparative approach to the subject, focusing on differences in contract formation, formalities and interpretation between the civil and common law traditions.
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Course Schedule
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01-13-2020 - 04-21-2020
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TR
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7:30 PM-8:50 PM
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F108
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Course Frequency
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This course is usually offered once every academic year
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Course Information
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Credits:
3
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Pass/Fail Option:
No
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Prerequisite:
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Grading:
Graded
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Method of Evaluation:
Exam
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Graduation Requirements Fulfilled By Course:
General
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Special Attributes:
None
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Course Delivery:
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Special Restrictions:
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Law Track(s):
Business & Taxation
- Specialized
International & Comparative Law
- Basic
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Bar Subject(s):
None
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Concentration(s):
Business Compliance and Sustainability (Area of Focus)
More information
Business Compliance and Sustainability (Concentration)
More information
The Business of Innovation, Law and Technology: BILT (Concentration)
More information
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Course Book(s):
TBD/None
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First Class Assignment(s):
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Assignment:
January 14 and 16, 2020
Introduction
First Hour
Scope of course, definition of terms, objectives, reasons for a course on this subject.
Required Readings:
UNIDROIT Principles of International Commercial Agreements (2016) (General
Review)
https://www.unidroit.org/instruments/commercial-contracts/unidroit-principles-
2016
Second Hour
Survey of sources of norms; Regulation of the International Economy
International Economic Regulation; International regulation of the transaction;
International regulation of the agreement; Lex Mercatoria – Substantive and Procedural
Required Readings: WTO Agreement, GATT, GATS and TRIPS Agreements
(www.wto.org). (General Review of web page.)
Third Hour
National economic regulation; National regulation of the transaction; National regulation
of the agreement.
Material: Please see syllabus for class materials.
TWEN/Blackboard/Course Webpage Link: https://lawschool.westlaw.com/manage/homepage.aspx?task=coursehomepage&courseid=284413
Additional Information: For additional questions, please contact Alexandria Sellers at asellers@law.miami.edu
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View Book Information
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