Maricopa Community Colleges  IBS105   19946-19975 
Official Course Description: MCCCD Approval: 04/26/94
IBS105 19946-19975 LEC 2 Credit(s) 2 Period(s)
International Law
Introduction to the legal aspects and ramifications of international trade topics including multinational enterprises, sovereignty, technology transfer, arbitration, negotiation and diplomacy. Prerequisites: None.
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MCCCD Official Course Competencies:
 
IBS105   19946-19975 International Law
1. Define world trade patterns, the role the U.S. plays, and the increasing prominence of other countries. (I)
2. Identify U.S. trade laws. (I)
3. Analyze multinational enterprise and the international regulation trends affecting MNEs. (I)
4. Describe the role of third party intermediaries in international trade. (II)
5. Identify the general document requirements of international transactions. (II)
6. Define CISG and its sphere of application. (II)
7. Define the benefits of an economic community to member nations. (III)
8. Explain the purpose of the European Economic Community and the impact on international trade of 1992. (III)
9. Assess the nature of community law and its effect on the free movement of goods and capital. (III)
10. Identify and evaluate effect of regional economic groups in third world and developing nations. (IV)
11. Analyze the potential legal and economic problems of doing business with nonmarket economy nations. (IV)
12. Explain the methods that nations utilize for controlling technology transfers across national borders. (V)
13. Indicate the ways in which intellectual property may be protected both on a local level and on an international level. (V)
14. Evaluate effectiveness of current legal protection from the marketing of gray market goods. (V)
15. Define what is meant by sovereign immunity and act of state doctrines. (VI)
16. Define GATT (General Agreement on Tariffs and Trade), its purpose, and its effectiveness in reducing tariff barriers. (VI)
17. Identify the role of United States Customs in international trade. (VI)
18. Define foreign and domestic governmental legislation to restrict imports. (VI)
19. Identify the scope of authority of the Bureau of Export Administration (BXA). (VII)
20. Describe the various types of export restrictions including quotas, licensing, export taxes, minimum export prices, and embargoes. (VII)
21. Identify ways in which governments encourage and promote exports. (VII)
22. Define the role and purpose of the International Monetary Fund. (VIII)
23. Explain the external events leading to the internationalization of financial intermediaries. (VIII)
24. Explain the importance of including dispute settlement clauses in the initial international business agreements between parties. (IX)
25. Indicate why preference has increased with merchants, investors and host countries for arbitration. (IX)
26. Explain the importance of pre-negotiation, and re-negotiation planning. (X)
27. Analyze the reasons for utilizing negotiating teams. (X)
28. Identify typical problems in negotiation with negotiating opposites from foreign countries. (X)
29. Define sovereign immunity and act of state doctrine and how they are used. (X)
30. Describe the insurance programs (private, national and international) of the major investor nations to cover foreign investment risks. (XI)
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MCCCD Official Course Outline:
 
IBS105   19946-19975 International Law
    I. Introduction to International Law
        A. World trade patterns
        B. United States trade laws
        C. Foreign investment law
        D. Multinational enterprise (MNE)
      II. International Trading of Goods
          A. International documentary sales transactions
          B. Unification of international trade law
        III. European Economic Community
            A. EED overview
            B. Nature of community law
            C. Free movement of goods
            D. Other features
            E. Antitrust laws
          IV. Integration in the Third World and Nonmarket Economy and Developing Nations
              A. Regional economic groups
              B. The Association of South East Asian Nations (ASEAN)
              C. The Andean Common Market (ANCOM)
              D. Doing business in nonmarket economy (NME) nations
              E. Doing business in developing nations
            V. Technology Transfers
                A. The nature of technology transfers
                B. Licensing
                C. Protection of intellectual property rights
                D. International patent and know-how licensing
                E. Protection from privacy
                F. Gray market goods
                G. Sovereign immunity
              VI. Regulation of Imports
                  A. General Agreement of Tariffs and Trade (GATT)
                  B. Import banks, quotas and licenses
                  C. Customs
                VII. Regulations of Exports
                    A. Organizing for exporting
                    B. Export controls and licenses
                    C. Governmental action in export promotion
                  VIII. Money and International Business Transactions
                      A. The International Monetary Fund
                      B. Regional and other development banks
                      C. National monetary systems
                      D. Export financing programs
                      E. International movement of money
                      F. Foreign exchange and exchange controls
                      G. Financial practices
                    IX. Litigation and Arbitration
                        A. International and national courts
                        B. Dispute settlement by arbitration
                        C. Arbitration rules and local law
                        D. International arbitral rules
                      X. Negotiating International Business Transactions
                          A. Negotiating styles in business transactions
                          B. Negotiating teams
                          C. Importance of procedure
                          D. Language of negotiations and agreements
                          E. Planning for re-negotiation
                        XI. Sovereign Immunity and Act of State Doctrine
                            A. Sovereign immunity
                            B. The Act of State Doctrine
                            C. Risk of foreign investment losses
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