LAW 778-01 International Business Transactions

This survey course will consider some of the major private and public law issues involved in international trade and investment. The emphasis of the course will be on the private, transactional aspects of International Business Transactions. In particular, we will examine typical legal arrangements for (i) the international financing and sale of goods (including extensive coverage of the United Nations Convention on Contracts for the International sales of Goods - CISG), (ii) the nonestablishment forms of foreign investment employed by market participants in order to generate business internationally (including licensing of intellectual property rights, international distributorship contracts, transfer of technology agreement, etc.), and (iii) the foreign direct investment of capital through the establishment of business operations abroad (both within the European Union and China). We will also discuss selected issues crucial to the avoidance and resolution of international business disputes. The pedagogical approach will involve the discussion of problems and the study of judicial and quasijudicial decisions, regulations, statutes, and international agreements. Although Public International Trade Law is not the emphasis of this course, an overview of the structure and operation of both international and regional trade organizations, including the World Trade Organization (WTO) and The North America Free Trade Agreement (NAFTA), will also be provided. (Credits may be applied toward International and Comparative Law Practice and Transactional Law Practice concentrations.)