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By Jie Huang
COURSE OUTLINE
International Business Law
School:
Law
Fall 2011
By Jie Huang
1
By Jie Huang
Lesson 1
Introduction
LEARNING OBJECTIVES
1.
Understand the Concept of IBL
2.
Differentiation between Legal Systems
CHAPTER OVERVIEW
1. Concept
and Sources of IBL
2. Major Legal
Systems
A. Civil Law System
B. Common Law System: American
Experience
C. Socialist Law System:
Business Law System Concerning Foreign Interests
in
China
D. Islamic Law
System
3. Case Studies
Sequihua v. Texaco P3
EU v.
Germany P19
Case P32 Sanchez v. Banco
Central De Nicaragua
CHAPTER OUTLINE
1. Concepts
and Sources of IBL P1
1.1. Concept
(1) International P1
(2)
Parties
States P10
International Organizations P14, P28
Natural Persons P29
Companies and Enterprises
1.2. History and Development of IBL
(1) Transnational
(2) Self-governance
1.3.
Sources of IBL
(1) Conventions
(2) Int’l Business Practices
(3) Domestic Laws
2.
Comparison of Municipal Legal Systems P34
es of Civil Law System
2.2.
Sources of Civil Law System
2.3. Common
Law System P37
2.4. Development Trends
of Two Legal Systems
REVIEW
QUESTIONS
1. Concept of IBL
2. Differentiation between Legal
Systems
2
By Jie
Huang
Lesson 2
International Commercial Dispute
Resolution
LEARNING
OBJECTIVES
Study how to resolve
international commercial disputes.
CHAPTER OVERVIEW
Alternative
Dispute Resolution P81
Settlement of
Disputes through Municipal Courts
Commercial Arbitration
Videos
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a=aTE1ETT1MTTA0JkxNTU
M9ytPGtbXjsqUPdcss
z
/page/ljfy/?lm=s0
Two American court videos
CHAPTER OUTLINE
I.
Alternative Dispute Resolution P82
Negotiation
Mediation/Good
Offices/Conciliation
Inquiry
II
．
Settlement of
Disputes through Municipal Courts
Choice of Forum Clauses P103
Choice of Law Clauses P110
Case: Shell v. Sturge P103
III
．
Arbitration
1. Definition and Characteristics of
Arbi
2. Arbi Institutions
3. Arbitration Agreement and
Arbitration Clauses
4. Arbi
Process
5. Enforcement of
an Arbi Award
Case
3-2
：
Loewen Group
v. USA P98
REVIEW QUESTIONS
1.
What are the
differences between Mediation/Good
Offices/Conciliation?
2.
What are choice of law and choice of
court clause? (Shell v. Sturge)
3.
Definition and
features of Int'l Commercial Arbitration?
4.
Functions and
Contents of Arbi Clause?
Lesson 3
International
Business Organization Law
LEARNING OBJECTIVES
3
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