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Course Descriptions

International Business Transactions (2 credits)

Professor Susan Tiefenbrun

This course is an introduction to the law of international trade and finance. Students consider the problems of conducting business in the global community. The approach is primarily transactional and combines the legal theory and practice of doing international business. Topics include the formation of agreements required for the international trading of goods, such as the documentary sale, the letter of credit, the contract of sale and the consequences of wars and other frustrations of contract, and the bill of lading or sale without a letter of credit. Students will study the regulation of international business by import and export controls, tariffs and non-tariff barriers, and customs classification and valuation. The transfer of technology by means of franchising and licensing agreements leads to a discussion of the pirating of intellectual property. Students will study the legal framework for establishing a foreign direct investment abroad or a joint venture. Other topics include the resolution of international disputes by trial or international arbitration, the role of the General Agreement on Tariffs and Trade, the WTO, TRIPS, NAFTA, and the European Union in regulating international business. Doing business in China will be discussed. This course focuses on the cultural differences that influence the establishment of international business ventures.


Comparative Bankruptcy Law, Creditors' Rights and Business Reorganization
(2 credits)

Professor Arnold Rosenberg

The course will cover the basic elements of bankruptcy and creditors' rights in the United States and other countries, including secured and unsecured credit, judgment enforcement, filing bankruptcy, the bankruptcy estate, stay of collection of debts, powers of the trustee or debtor-in-possession, claims and distributions, plans of reorganization, and discharge of debts.  We will compare creditors' rights and business bankruptcy laws in China, the United States and other countries such as France, focusing on the following and related subjects:

  • China 's new enterprise bankruptcy and secured transactions laws.
  • Business reorganizations in the United States under Chapter 11 of the Bankruptcy Code.
  • The global trend toward less formal business bankruptcy proceedings aimed at preserving the business.
  • Treatment of individual debtors and the “fresh start” after bankruptcy.
  • Rights and status of secured creditors.
  • Insolvency of state-owned enterprises .
  • Workers' rights in bankruptcy.
  • Duties of corporate officers and directors when the corporation becomes insolvent.


WTO Law and China (2 credits)

Professor Claire Wright

This course will review the 21 WTO Agreements and major WTO cases decided to date, using China as a case study and focus for the class. China has been accused by the U.S. and other countries of committing a number of WTO violations. Furthermore, the U.S. maintains an enormous trade deficit with China , thousands of U.S. companies have outsourced their production jobs to China and intellectual property protection concerns continue to be a major point of contention between the U.S. and China. In addition, since joining the WTO in 2001, China has played a very significant role in the organization. Its huge market renders it an important player in the international economy in any case, but China at this point is also considered to be the unofficial leader of the developing country members of the WTO. At the conclusion of the Doha Development Round of multinational trade negotiations (which currently are suspended), it is expected that China officially will be granted developing country status in the WTO. As the majority of WTO members are developing countries, China is in a very powerful position to influence the future of the WTO. For all of these reasons, China makes an excellent case study for WTO issues. It is hoped that the class will be able to visit some manufacturing facilities in China; to meet with U.S. consultants working in China; and to meet with Chinese government officials involved in trade issues.


Comparative Sales Law: CISG and UCC Article 2 (2 Credits)

Professor Ben Templin

The course will explore the theory, doctrine and practice of both the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Commercial Code (UCC) Article 2. Students will compare the two legal regimes through statutory analysis and case law. Over 70 countries have adopted CISG and there is now a critical mass of cases and arbitral decisions available to study. Students will also consider whether CISG is being applied in a uniform manner in different jurisdictions and discuss how economic, political, and cultural factors are reflected in court decisions.