Linfield
College
BUS 435: International Business Law
Winter Term 2007
January 3, 2007 through February 7, 2007
Syllabus Rev. 11/20/06
Instructor
James Coduto, J.D.
email: course email system only
Text
International Business Law And Its
Environments, Shaffer, Earle, and Agusti, Thompson South Western, Sixth
edition, ISBN 0-324-26102-0
Course Description
This course will address the
fundamental concepts, principles, and rules of law that apply to
international business transactions. The study of contracts, financial
instruments, trade law including GATT and the European Union, criminal
law, and laws relating to transportation of cargo by sea and air and
intellectual property law, political risk and international
environmental issues.
Prerequisite
Junior standing or consent of
instructor.
Course Objectives
The primary objective of this course is
to develop the ability to apply legal reasoning to international issues
using cases from the text to illustrate how an international body of
law developed over the centuries of trade among nations. The course
also explores current theories of international law as it relates to
developed nations and their relationships to developing nations.
Particular attention will be paid to human rights conventions and their
application to the domestic laws of respective nations.
Additionally, the course will provide a
vital understanding of the operations of the legal system of the United
States as applied to the international community. Attention will be
given to the comparison of the laws of various nations.
Students should come away from the course with an appreciation for the
international legal systems, how they work, and the importance of the
rule of law in international business transactions.
Please note: No concession has been made in course content or student
requirements. Though compressed from 14 weeks to 6 weeks for the Winter
term the content and student requirements remain the same to all other
terms for this class.
Instructor Biography
I provide legal and regulatory guidance
primarily in food, drug and medical device law for domestic and
international medical device, pharmaceutical and biotechnology
companies. My primary areas of expertise are in corporate compliance
and legal affairs, and the legal aspects of human resource management.
I am an owner of an high technology medical device company
headquartered in San Jose, California, which manufacturers and markets
computerized surgical instrumentation world wide. In addition to my
Juris Doctorate degree, I hold a Master’s Degree in Human Resources and
Organizational Development from the University of San Francisco as well
as a B.A. in Psychology, and a B.S. in Law. I am an adjunct faculty
member of Linfield College and Marylhurst University and have
instructed numerous courses in business law, international law, and law
and ethics. I have also instructed courses in human resources,
organizational development and organizational communication.
Methods of Evaluation and Grade Determination
The final course grade will be
determined by the points you earn (400 points possible) in the
following four areas:
Weekly Class Discussion
Maximum value: 100 points (5 weekly discussion events @ 20 points per
event). BUS435 is a discussion intensive course. The student will need
to spend a considerable amount of time in on-line discussion to yield
full point value for the weekly discussion element of the class.
Students are to make at least 5 responses to other classmates postings
each week. the responses are to be written properly and of college
level incorporating as much as possible concepts and ideas from the
weekly reading. Class discussion question(s) will be posted on each
Monday morning of the term.
Assigned Text Questions
Maximum value: 100 points (20 questions @ 5 points per question).
Though there is no minimum number of words or paragraphs to write, you
are to respond to the assigned questions in a thoughtful and detailed
manner, incorporating your ideas and thoughts along with, as much as
possible, concepts and ideas from the weekly reading assignment.
Question responses are to be submitted in the prescribed format and by
the due date indicated.
Case Research Assignment
Maximum point value: 100 points (4 research cases @ 25 points per
case). The text contains numerous references to important cases in
international law. Four of these cases have been selected for you to
research over the course of the term. The directions are the same for
each assigned case. You are to discuss, in no less than 500 words, the
significance of the case to international law bringing into your
response your ideas and thoughts, and, as much as possible, various
concepts you encounter in the class text and from the weekly
discussions. Research cases are to be submitted in the prescribed
format and by the due date indicated.
Research Paper
Maximum point value: 100 points. You may select any of the covered
topics from the class text that interests you. You must advise the
instructor not later than the end of week 4 what your research paper
topic will be and you must identify which research paper style you will
be using. You may select either the APA or MLA research style. Papers
submitted not using one of these styles will not be read or graded. An
excellent reference source for research paper styles is a text by Diana
Hacker: A Writer’s Reference (5th. ed. – or later). Boston, MA:
Bedford/St. Martin’s. ISBN# 0-312-41262-2. You may also reference her
website for additional information: http://www.dianahacker.com/writersref.
Remember: this is a research paper. Therefore, you must formulate a
thesis, state your thesis and support your thesis using one of the
referenced research paper forms. The paper is to be, at a minimum, 2500
words in length, fully researched using at least six outside resources
of your choosing. All sources are to be fully referenced according to
the research paper form you select.
The research paper is to be submitted in the prescribed format and by
12:00pm (Noon) on the last day of class.
Standard Grading System
The standard grading system will be
used then converted to a percentage of the total points earned, i.e.,
(360 points earned is 90% of 400 which would yield a grade of A, etc.).
90-100% A
80-89% B
70-79% C
60-69% D
59-0%
F
Course Policies
Academic Honesty
Cheating and plagiarism will not be tolerated. Any student found to be
engaging in either of these activities at any point in the course will
receive a failing grade for the assignment and/or the entire course and
may be subject to further college sanctions. This policy will be
strictly enforced.
Required Writing Format
All question responses, all research cases and final paper are to be
submitted in Microsoft Word®.doc format only. Papers not submitted
in this format will not be read or graded.
Attendance
Students are expected to attend and actively participate in every class
meeting. Active involvement of each student in class discussion is
essential to your success and the success of the class.
Rules of Discussion
The classroom is a safe haven within which individuals can discuss the
widest possible range of topics without fearing retribution, ridicule,
or attack. In order for this to happen, we must assume that we all are
persons of intelligence and good will who may ultimately disagree,
sometimes to a profound degree, with one another but whose characters
are not impugned or intelligence disparaged because of this
disagreement. The classroom is not a forum for proselytizing, nor a
soapbox for diatribes by either students or faculty. For the academic
endeavor to succeed, we must treat each other with civility, courtesy,
and respect. All perspectives and questions are welcome, as long as
they are impelled by a genuine desire for knowledge, can be articulated
thoughtfully, and supported by sound reasoning.
Responses to Discussion
Questions
Your responses should be based upon the readings and/or research you
conduct over the course of the term. Additionally, they should be
sufficient detail to convey your ideas clearly and intelligently.
Please avoid “I agree” type comments such as: “I agree with what you
are saying…”, etc. unless you adequately and with sufficient detail
provide further comment and substantiation. Such comments add little to
the discussion and are time consuming for the other students to read.
Unsubstantiated “I agree” type responses will not be counted as
an indication of your participation in the discussion portion of the
class.
Assignment Due Dates
All assignments are due by Sunday evening before week’s close at 9:00pm.
Late Work
Because the duration of the term is very short late work is not
accepted unless extreme mitigating circumstances arise. (Please note:
business travel is not an extreme mitigating circumstance).
Incompletes
A grade of incomplete (I) is given only in emergency situations. The
student must request an Incomplete in writing and must obtain my
permission. All uncompleted work must be completed within the time
limits I set. If you simply do not turn in your final assignments, your
course grade will be calculated with the missed portion counting for
“0” points.
Students With Disabilities
Students with documented disabilities who may need accommodations, who
have any emergency medical information the instructor should know of,
or who need special arrangements in the event of evacuation, etc.
should make an appointment with the instructor as early as possible, no
later than the first week of the term.
Completion of Reading
Assignments
The student is to complete all reading assignments prior to the
beginning of the week’s discussion.
Class Start and Closing Times
All weekly discussion shall begin on Monday and continue through the
following Sunday. The weekly site will close at 9:00pm Sunday.
Special Note: Use of On line
Copyrighted Materials
The Technology, Education And Copyright Harmonization Act (TEACH) of
2002, updated various provisions of the United States Copyright Act,
section 17 U.S.C. addressing specifically, among other things, fair use
of copyright materials in the digital environment and distance
learning. Please understand and adhere to the provisions of TEACH and
how the law can affect your use of copyright material as a distance
learner. If you have any questions pertaining to the use of copyrighted
materials please let me know. For an overview of TEACH please link to
North Carolina State University Library at:
http://www.lib.ncsu.edu/scc/legislative/teachkit/overview.html
Incorporated by Reference
All Linfield College policies including those specifically not
discussed or referenced herein are incorporated by reference to this
syllabus. All policies will be strictly enforced. If you have any
questions about any policy or need a copy of the policies please see
your academic adviser.
Course Reading and Written Assignments
All assignments are due the following
Sunday evening of the week they are assigned unless otherwise noted by
the instructor.
WEEK 1
Read:
Chapter 1: Introduction to
International Business
Chapter 2: International Law and Organizations
Chapter 3: Resolving International Commercial Disputes
Chapter 4: Sales Contracts and Excuses for Nonperformance
Assignments
Answer class discussion
question(s) as posted on course site. Make at least 5 responses to
other classmates postings
Answer text question 6 page 45
Answer text question 10 page 45
Answer text question 1 page 73
Answer text question 4 page 100
Case research assignment 1: research on Internet
or elsewhere: Harriscom Svenska. AB v. Harris Corp; discuss
significance of the case to international law in NLT 500 words. List
references.
WEEK 2
Read:
Chapter 5: The Documentary Sale and Terms of Trade
Chapter 6: The Carriage of Goods and the Liability of Air and Sea
Carriers
Chapter 7: Bank Collections, Trade Finance, and Letters of Credit
Chapter 8: National Law Making Powers and the Regulation of Business
Assignments:
Answer
class discussion question(s) as posted on course site. Make at least 5
responses to other classmates postings
Answer text question 3 page176
Answer text question 4 page 176
Answer text question 1 page 241.
Case research assignment 2 research on Internet
or elsewhere: American Bell International v. Islamic Republic of Iran;
discuss significance of the case to international law in NLT 500 words.
List references
WEEK 3
Read:
Chapter 9: GATT Law and the World Trade
Organization: Basic Principles
Chapter 10: Laws Governing Access to Foreign Markets
Chapter 11: Regulating Import Competition and Unfair
Trade
Chapter 12: Imports, Customs and Tariff Law
Assignments:
Answer class discussion
question(s) as posted on course site. Make at least 5 responses to
other classmates postings
Answer text question 7 page 279
Answer text question 5 page 313
Answer text question 2 page 345
Answer text question 5 page 372
WEEK 4
Read:
Chapter 13: North American Free
Trade Law
Chapter 14: The European Union and Other Regional Trade Areas
Chapter 15: The Regulation of Exports
Chapter 16: International Marketing Law: Sales Representatives,
Advertising, and Ethical Issues
Assignments:
Answer class
discussion question(s) as posted on course site. Make at least 5
responses to other classmates postings
Case research assignment 3 research on
Internet or elsewhere: United States v. Mead Corp; discuss significance
of the case to international law in NLT 500 words. List references
Answer text question 2 page 450
Answer text question 4 page 479
Answer text question 1 page 499
WEEK 5
Read:
Chapter 17: Licensing Agreements and
the Protection of Intellectual Property Rights
Chapter 18: Host-Country
Regulation: Corporate Law, and Currency Risk
Chapter 19: Nationalization, Expropriation, and Privatization
Chapter 20: Labor and Employment Discrimination Law
Assignments:
Answer text question 2 page 521
Answer text question 3 page 548
Answer text question 3 page 568
Answer text question 2 page 598
WEEK 6
Read:
Chapter 21: Environmental Law
Chapter 22: Regulating the Competitive Environment
Case research assignment 4 research on Internet or
elsewhere: United States v. Aluminum Co. of America discuss
significance of the case to international law in NLT 500 words. List
references
Assignments:
Answer class
discussion question(s) as posted on course site. Make at least 5
responses to other classmates postings
Answer text question
1 page 621
Answer text question 4 page 645
Research paper (final) due by last day of class NLT 12:00 NOON