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    International Business Law

    Track:All tracks
    Follow-up / Interfaces:    None
    Pre-requisites:Pre-readings and preparation tasks
    Didactics:

    Lecture, case studies, group tasks, individual tasks, plenum discussions
    Exam:Written exam
    ECTS points:3
    Lecturer:Ute Foshag LLM

    Aims and objectives:

    The aim of this course is to enable students to recognize which fields of law are most relevant in international business, when to apply which type of law in international or national contexts and when and where knowledge of legal issues is relevant and important. The participants learn the importance of formulating the proper clauses to reach the legal and economic goal of a contract at the time of contract negotiations. Moreover, they learn how contracts are concluded and how to interpret contracts. Additionally, students are introduced to different ways of dispute resolution. The course also aims at teaching the students the difference of private law and public law.

    The lecture provides an introduction into the most important legal aspects relevant in an international business context. Beginning with an introduction to the legal system on an national and international level, the lecture focuses on contract law on a national and international level. Different types of contracts most relevant in a business context as well as dispute resolution are part of the lecture. The third part of the lecture focuses on company law and joint ventures.

    General learning objectives:

    The MBA programme provides a substantial knowledge about the legal regulations for doing business.
    Graduates are capable of applying their problem solutions to their business environment.

    Detailed learning outcomes:

    • Explain the hierarchy and sources of law as well as the distinction of private and public law
    • Gain knowledge about European law and international law
    • Understand the terms and regulations of international contract law
    • Differentiate between intellectual property rights and know-how and categorize license agreements
    • Point out the legal basis, the types and the process of building a joint venture

    Course textbooks:

    Folsom R., Gordon M., Spanogle J. (2009): International Business Transactions 8th Edition, West Pub. 

    Content of International Business Law: 

    1. Introduction to the International Legal System

    • Sources of Law 
    • Hierarchy of sources of law
    • Distinction of private and public law 

    2. European Union (EU) Law and International Law 

    • Introduction to history of EU and the law of the EU 
    • Sources of EU law and legislative process, including applicability and hierarchy of EU law 
    • International law 
    • Law 

    3. Contract Law 

    • Introduction into basics of contract law, including formation and validity of contracts 
    • International contract law 
    • United Nations Convention on the International Sale of Goods 
    • International shipping terms 

    4. License Agreements

    • Overview on intellectual property rights and know-how 
    • Categories of licenses 
    • Important provisions in license agreements 

    5. Dispute Resolution 

    • Advantages and disadvantages of different methods of dispute resolution 
    • Mediation 
    • Arbitration 

    6. Company Law 

    • Partnership and commercial partnership law
    • Limited Liability Partnership and Limited Liability Company law
    • Corporations
    • Developments in company law on EU level 

    7. Joint Ventures

    • Introduction into the laws involved in joint ventures 
    • Types of joint ventures 
    • Process of creation of joint ventures 

    Recommended supplemental readings: 

    Ackermann H-C., Rath M., Business Law in Germany, German Law Publishers, 2012

    Ann C., Hauck R., Obergfell E.I., Wirtschaftsprivatrecht Kompakt, Vahlen, 2. Edition 2014

    Barnard Ray M., Ramsfield J., (2005): Legal Writing: Getting it Right and Getting it Written, (4th edition). West Pub. 

    Baumann J., Stevenson R. (2013): Baumann´s Corporations: Law and Policy, Materials and Problems, Thomson West, St. Paul MN. 

    Child J., Faulkner D., Tallmann S. (2005): Cooperative Strategy, Oxford University Press, Oxford. 

    Fisher R., Ury W. (2003): Getting to Yes, Negotiating Agreement without Giving In Penguin, (2nd edition). Random House UK.

    Goldberg S., Sander F., Rogers N. (1992): Dispute Resolution, Negotiation, Mediation and Other Processes, Little, Brown and Company, Boston, Toronto, London. 

    Klunzinger E. (2009): Grundzüge des Gesellschaftsrechts, Verlag Vahlen, München. 

    Papenberg J., Geissler B. (2008): Lizenzverträge/License Agreements, Karl Heymann Verlag, Köln

    Ruester B (continuous ring bound) Business Transactions in Germany (Doing Business).

    Solomon L., Fessler D., Wilmarth A. (2000): Corporations and Alternative Business Vehicles, 5.th Edition, Casenotes Publishing Co., Inc., Santa Monica, CA 

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