Course Descriptions

International Business Transactions (2 credits)
Professor Susan Tiefenbrun and Former Justice Richard J. Goldstone
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, China, and the European Union in regulating international business. This course focuses on the cultural differences that influence the establishment of international business ventures.

Comparative Biotechnology Law (2 credits)
Professor Randy Berholtz
This course examines the legal, business, regulatory, scientific and ethical issues raised by the fairly recent revolution in the United States and Chinese biotechnology research community and industry and its relevance to the pharmaceutical sector and each nation’s health and welfare. The course is designed to provide Chinese and US law students with an overview of the essential tools that are necessary to become a biotechnology lawyer and life sciences law practioner. Such areas consist of an overview of the science of biotechnology; intellectual property law including patents; patent litigation; university technology transfer policies and relations; government funding; private and public financing of biotechnology companies; licensing; research and development, collaborations and mergers and acquisitions activity with pharmaceutical companies; food and drug law and the regulations promulgated by the U.S. Food and Drug Administration (FDA) and the Chinese State Food and Drug Administration (SFDA); biodefense and infectious disease response issues; and bioethical concerns. Speakers will include officials from the Chinese office of the FDA and from the SFDA.

WTO and China (2 credits)
Professor Claire Wright
This course will review the major WTO Agreements and WTO dispute cases to date, using China as a case study and focus for the class. China joined the WTO in 2001, and the U.S. has since filed several dispute cases against China alleging that China is violating its WTO commitments. China has also filed several dispute cases against the U.S. The U.S. maintains an enormous trade deficit with China, thousands of U.S. companies have outsourced their production jobs to China, and China’s enforcement of its intellectual property protection laws and restrictions on U.S. media products continue to be contentious issues between the U.S. and China. In addition, since joining the WTO, 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 is also considered to be the unofficial leader of the developing countries in the WTO. As a majority of WTO members are developing countries, China is in a very powerful position to influence the on-going Doha Round of Multilateral Trade Negotiations and the future of the WTO in general. For all of these reasons, China makes an excellent case study for WTO issues. The class will visit a local manufacturing operation, and a former Chinese trade official will present a lecture on China’s view of current trade relations between the U.S. and China.

International Aspects of Doing Business in China (2 credits)
Professor Leah Christensen
This course will serve as an introduction to the legal aspects of doing business in the People’s Republic of China. After a brief overview of the historical context and the basic structure of the Chinese legal system, we will explore the business, legal, and social/cultural issues U.S. companies typically encounter in conducting businesses in China. Specifically, we will examine the Chinese legal system including an exploration into sources of law and the courts in China. We will also examine forms of foreign investment and intellectual property protection. Finally, we will look at business negotiations and business ethics specifically within the context of U.S./China business relationships. Most of the readings for this course will be primary sources of law combined with current business/legal articles discussing how China’s legal system and laws impact American companies doing business in China. There will be a final written exam at the conclusion of the course.

Chinese Legal System and its Reforms (2 credits)
Professors Yongxin Song, Hongdao Qian, Leslie Kuan-Hsi Wang
This is an introduction to the Chinese legal system taught within the framework of the twenty-eight year economic reform that has brought dramatic change to the Chinese economy and to the lives of the Chinese people. Students will learn about recent legal reforms in intellectual property legislation and in several other areas of the law. This course is team-taught in English by three distinguished Chinese professors of law from Zhejiang University Guanghua School of Law. No prerequisites are needed for this course.