INTERNATIONAL BUSINESS LAW

The course centers on International Business Law. It aims at a comprehensive coverage of the legal, cultural and ethical issues global business managers face. Focusing on the trade, licensing and investment life-cycle that many domestic (new-to-international) and multinational organizations experience, students will be faced with legal issues concerning market-entry strategies, increasing levels of penetration into foreign markets, and set of risks that firms encounter during each life-cycle phase. From protecting and licensing intellectual property to learning the special challenges of doing business in developing countries and non-market-economies, the course helps students understand the most important and emerging issues in global business law through cutting-edge questions and explanations.

1: Learn to critically analyze the risk and opportunities presented for businesses that operate in the global arena and develop strategic proposals to communicate this information for decision-making.
2: Develop interpersonal communication skills underlying international business that includes sensitivity to foreign cultures.
3: Gain an appreciation of the legal diversity in organizations across values and cultures and learn how to effectively operate within an international business context.
4: Focus on how to manage cultural interdependence, with a consideration of writing an effective international contract and be ready to handle international business disputes.

Some basic knowledge either of Private Law or Public Law is recommended but not compulsory to take this course. Some knowledge of Commercial Law and International Law is also helpful.

Students will study the following topics:
1) actors and sources of International Business Law
2) negotiating and drafting international business transactions;
3) the law governing international contracts;
4) Jurisdiction v. Arbitration
5) International Sale of Good Contracts
6) Distribution Contracts; Agency and Franchising
7) technology transfers and Joint Ventures.

Compulsory readings:
a) all students shall explore and study the content of https://www.nyulawglobal.org/globalex/Unification_Harmonization1.html
b) R. Cavalieri, V. Salvatore, An introduction to International Contract Law, Giappichelli, Torino, 2019. (Please get this book BEFORE the start of lectures or by the first day of lectures)

Exercises and complementary readings:
- All students will read and exercise with practical cases on the CISG Database at https://iicl.law.pace.edu/cisg/cisg (free access).
- All students will read on a permanent basis the International Chamber of Commerce website (ICC- https://iccwbo.org/ ) as well as that of the United Nations Commission on International Trade Law website ( https://uncitral.un.org/ )

SUGGESTED READINGS:
For those students who may read Italian the following handbook (non compulsory) is suggested for their personal professional development:
- F. Marrella, Manuale di diritto del commercio internazionale, 2 ed., Padova, Cedam-WKI, 2020.
- Another good read (in English) is Vagts D., Koh H., Dodge W., Buxbaum A., Transnational Business Problems, latest ed.

Two essay questions drawn from the course programme content and a practical case. Those students who have passed the written test may ask to sit for an oral exam (on all subjects of the textbooks and whose result shall be averaged with your grade already obtained in the written exam).
Students may consult, during the exam, the text of the 1980 UN Convention on the International Sale of Goods only in paper/print out format and only if such a text is free of comments or notes.

Lectures and discussion of book chapters and cases. Some videos may be used to enhance understanding and raise discussions.

English

Only the students regularly enrolled in the electronic list generated by the University Registrar will be admitted to sit for the examination.

written and oral

This subject deals with topics related to the macro-area "Circular economy, innovation, work" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development