Law in International Business

obligatory courses

The course addresses key legal issues in relation to international business practices. The overall goal is to raise students’ awareness of the fact that the legal surrounding shapes the way of running business internationally. During the course the basic rules and differences between common law and continental law systems will be presented. Also, basic rules of contract law and corporate law will be presented using the comparative methodology. Additionally, the course provides overview of international organizations and treaties, such as WTO, TRIPS, CISG. Furthermore, IP regulations and issues related to corporate social responsibility. Finally, practical aspects of the operation of courts and alternative dispute resolution methods will be approached during the course (arbitration and mediation).

The course addresses key legal rules and regulations material in the field of international trade. The overall goal of the course is to raise students’ awareness of the fact that the legal surrounding shapes the way of running business internationally. No previous legal studies are necessary to participate in the course, as the subject matter will be adjusted to students of non-legal studies to the extent possible. Course participants will be accustomed with two basic legal systems of the Global North, i.e., common law and continental law. Their basic rules and key differences will be presented. Thus, participants will be introduced to the foundation of the legal terminology pertaining to international business activity. These concepts will be broadened in the area of contracts and corporations – using comparative methodology, by introducing key legal institutes of these areas of law in both systems, such as definition of contract, validity requirements, contract formation rules, termination, rescission, avoidance, breach and liability rules. Key corporate vehicle types, their rules of operation and differences will be presented as operating in systems based on selected legal systems. Additionally, the basic framework for international business which follows from the activity of the World Trade Organization (WTO) as well as such international treaties as TRIPS, CSIG or treaties for the avoidance of double taxation. Students will learn about basic rules of protection of intellectual property and issues related to corporate social responsibility. Apart from presentation, the course will employ such methods as individual and team work on selected international and national case law, writing assignments, role play and simulation of court, arbitration and mediation proceedings.

 International business and economics : law and policy / Paul B. Stephan, Julie A. Roin. (BUW free access: https://chamo.buw.uw.edu.pl/lib/item?id=chamo:970785)

 Business law / Ewan MacIntyre (UW Faculty of Law and Administration Library: https://chamo.buw.uw.edu.pl/lib/item?id=chamo:1640790)

 Introduction to business law / Lucy Jones (BUW free access: https://chamo.buw.uw.edu.pl/lib/item?id=chamo:1743265)

 selected case law and handouts distributed during classes

After completing the course the student:

- analyses and explains key legal framework of international business activity

- recognizes and explains legal rules of activity in two legal systems: common law and continental law

- recognizes and explains rules for drafting contracts with international elements, their performance, and consequences of breach of contractual obligations

- recognizes and explains rules of operating corporation in the international context

- analyses and explains the legal framework of international trade resulting from the operation of WTO and such international contracts as TRIPS, CSIG

- recognizes and explains main intellectual property rights

- analyses and explains the operation of the judiciary and alternative dispute resolution methods: arbitration and mediation

Exam consisting of open and closed questions, passing threshold: 51%; active, merit-based participation in classes will be additionally awarded

Attendance, exam and class participation