Course: International Business Law (BMG222) Professor: Prof. Carleton Monk Term: Winter 2014 Office: Molson 111 Phone: Home: (8l9) 842-2689 (not after 9:30 p.m.) Office: (450)242-1352 E-mail: hcmonk@hotmail.com Office Hrs: Wed. 4:00 5:30 p.m. Classroom: Hamilton 301 Wednesday at 19:30hrs. Course Objective: To give students an overview of the legal aspects of international business transactions. It aims to give students an awareness of the problems particular to an international transaction and when and how to seek appropriate expertise. Students shall study the general international legal environment of international commerce as well as particular aspects of international contracts. The classes shall be a combination of lectures, guest speakers, group discussions and student presentations. Students are responsible each week for: 1. assigned readings 2. a written preparation of a discussion topic to be handed in at the beginning of the class. Students are responsible once for: An oral presentation of 15-20 minutes on a topic involving research worth 20 marks. The written outline is to be submitted to me at least one week before the presentation and should cover all aspects of your presentation (it is worth 5 marks). Good presentations are critical for this class. Two people per presentation Attendance and class participation are essential. I expect the class to start right on time and I shall end it on time. Therefore, punctuality is important, especially for guest speakers and presentations.
Marking Scheme: Class participation & attendance 10% Assignments 30% Oral presentations 20% Mid-term 20% Final Examination 20% A late assignment will receive a zero There will be no supplemental privileges with this course. Exams will be based on the assigned readings and all other material covered in class including material covered by student presentations and guest speakers. Some material discussed in the lectures is not covered in the readings. Lecture #1 Description of course Jan.15 International Law in General (Chapter 1) Lecture #2 GATT, WTO Jan. 22 (chapter 2) Lecture #3 NAFTA Ch. 5 Jan. 29 Lecture #4 NAFTA Ch. 5 Feb. 5 (guest speaker Robert Hall, President, Boralex) Lecture #5 Feb. 12 Guest speakers: Lawyer Paul Reed Lecture #6 Canada s Import and Export Rules Ch. 6 Feb. 19 Lecture #7 MIDTERM EXAM 20% Feb. 26 READING WEEK MARCH 3-7 Lecture #8 March 12 Lecture #9 Mar. 19 Negotiating International Contracts Negotiating International Contracts (cont d.) Chapter 7 continued (Guest speaker Chris Forsythe)
Lecture #10 Mar. 26 Finance and Payment (Chapter 8) Guest Speaker Mr. Bishop Lecture #11 Forms of International Business April 2 (Chapter 10) Lecture #12 Settlement of International Disputes Apr. 9 Ch. 11 Dates of guest speakers are subject to change depending on their availability. Course Textbook: Legal Aspects of International Business: A Canadian Perspective, 2 nd edition, by Mary Jo Nicholson, Emond Montgomery Publications Ltd., 2007. Supplemental Texts: (also consulted in preparation of course) Castel, de Mestral, and Graham, The Canadian Law and Practice of International Trade, 2 nd Edition, Toronto: Emond Montgomery Publications Ltd., 1991. Smyth, Soberman Easson, The Law and Business Administration in Canada, 13 th edition, Prentice Hall. Raworth, Philip, Legal Guide to International Business Transactions, 1991 Thomson Professional Publishing. August, Ray, International Business Law, 6 th ed., Prentice Hall 2012.
PRESENTATION TOPICS Lecture #3 a) Watson Smithett & Cope Ltd. vs Terruzi, All England Law Reports vol. 1976, pt. 1 p. 817 (1976) (IMF) b) Barcelona Traction (second phase) Belgium vs. Spain, International Court of Justice reports: Vol. 1970 pg 3 (Diplomatic Protection, Separate Corporate Identity) #4 a) Bribery (see pg 75, also OECD) Corruption of Foreign Public Officials, S.C. 1998, C. 34 b) International Code of Conduct (pg. 60) U.N. Global Compact Talisman Energy in Sudan, Harker Report (see pg 432, Canadian Business Law, 12 th edition). Global Compact for business #5 a) WTO Shrimp-Sea Turtle cases (1998), (2002) see pg 70. b) Japan-Taxes on Alcoholic Beverages, WTO, 1998 (see WTO website) WT/DS8/R. #6 a) Loewen Group Inc. vs. USA, ICSID Case No ARB (AF) 98/3 (http:www.naftalaw.org) b) Outline of EU Canada free trade agreement #7 a) Shari-a and Expropriation: Libyan American Oil Company vs. Libyan Arab Republic, International Law Reports, Vol. 62 p. 140 (1982) b) Export Development Canada #8 a) Jones vs Saudi Arabia 2006 UKHC 26; (see Curry, pg 571) (State Immunity) b) Zodiac International Products vs. Polish Peoples Republic (1978) CA #9 a) Frustration Transatlantic Financing Corp. vs. United States 363 F. 2md 312 (1966) Federal Reporter, USA (see pg. 177) b) A case from International Sales Convention (CISG) such as Asante Technologies Inc. vs. PMG-Sierra Inc. Federal Supplement, Second series, Vol. 164, p. 1142 (2001). #10 a) Investment Canada: Purchase of Canadian Companies by foreigners b) St. Paul Guardian Insurance Co. vs. Neuromed Medical Systems & Support, Gmbh, Lexis United States District Court Cases, No. 5096 (2002) (Incoterms, CISG). #11 a) Beals vs. Saldanha (2003), 234 DLR (4 th ) 1. (enforcement) b) Pacific Rim vs El Saslvador (ICS10 arbitration) #12 a) Monsanto Co. vs. Coramandal Indag Products, (P) Ltd. India Supreme Court 1986, Supreme Court Journal, Vol.1, pg. 234 (1986) (patents) b) Jorge Luis Machucha Gonzalez et al. Vs. Chrysler Corporation et al, United States Court of Appeals for the Fifth Circuit. Federal Reporter, 3 rd P 377 (2002) (forum non conveniens).
Any other topic of interest to the class might be acceptable. For example a WTO trade dispute, extraterritorial seizures by RCMP (R vs. Hape, 2007, SCC 26) International Labour Organization, A NAFTA trade dispute, The International Chamber of Commerce. Bhopal Case, Kyoto Agreement, International Environmental Regulations, Potash Corp. of Saskatchewan take-over, Bulk water sales and NAFTA,, commercial and Industrial Espionage, Weapons trade. UN work regarding jurisdiction and internet transactions, arbitration jurisdiction (GreCon Dimpter Inc. and J.R. Normand Inc. 2005 SCR 401), Kuwait Airlines Case (Shaw 749), Ecudador vs Chevron (enforcement of judgements, see clipping Globe and Mail November 26, 2012), CITES (protection of endangered species).