Posted: February 4th, 2015

International Business Transactions

Paper, Order, or Assignment Requirements

 

 

Syllabus

The syllabus may be subject to revision — materials may be added or deleted dependent on how

the course progresses. If you are absent, it is your responsibility to check with a colleague to see if

the reading assignment has been revised.

Readings will be assigned from the following required texts:

1. Folsom, Gordon & Spanogle, International Business Transactions

(the “Casebook”).

2. Documents Supplement to Folsom, Gordon & Spanogle, International Business Transactions Copies

of the Supplement will be on reserve. You may opt to consult the reserve copies or photocopy the

entire statute or relevant portions assigned instead of purchasing the Supplement. These

documents are also readily available online.

3. As a general rule, make sure you always read the problem at the beginning of each assignment,

and the “Questions and Comments” (Q&C) sections – even though the Q&C sections tend to be

at the end of the problem and thus might not be assigned when I assign the first part of an

assignment. At times the Q&C will provide you with the information and clues necessary to

evaluate the problem. Even if it only raises questions more than provide answers, it will help you

shape the framework through which to conceptualize the topic and the problem to be addressed.

Keep in mind that I have at times divided each problem into two parts for purposes of assigning your

reading per class (so that the reading is not Aexcessive.@) The Q&C tends to be at the end of, or

occasionally, the middle of the problem. This means that when you are reading the first part of the

assignment, this part might not contain the pages that the Q&C are on. You need to read the Q&C

nonetheless to give you greater overview of the problem.

TOPICS AND READING ASSIGNMENTS

1. FORMS OF DOING BUSINESS: INTERNATIONAL TRADING OF GOODS
2. The Basic Transaction: Toys to Greece
3. Casebook, Read 28-40. Focus on Forms 1 through 6 and Form 11 and chart on p.

52 (yes, chart on page 52 although you’re not assigned to READ beyond page 40

for this first assignment)

2. Casebook, Read 41-58. Focus on Form 13. Note that the two main terms you are 2

expected to know, FOB and CIF (Incoterm) are fully set forth on pp 95-97; these

pages are in a problem that is not assigned. But so that you understand FOB and

CIF, we will go through those specific pages even though we will not be doing that

problem.

4. Formation of An International Transaction: Insulation to Germany (Problem 4.1)
5. Casebook, Read 58-73. You will need to study UCC 2-207 (in the supplement), or

get the same from some other source (online) if you choose not to get the

supplement. Also, read UCC 2-314 to 2-316. It is very important that you focus

on statutory sections assigned for this problem.

2. Read pp 73- 79 (up to Perillo article) ; p 81 (Unidroit Principles, esp. article 2.22).

You need to study the UN Convention on Contracts for the International Sale of

Goods, in the Supplement, Arts 1, 6, 18, 19, 35, 36 (Focus on Article 1 and

Article 19) (or get the Convention some other way).

Read Q&A, pp 84-90

4. Wars and Other Frustrations: Oil from Araby (Problem 4.3)
5. Casebook, Read 125-137; 138-140
6. Read 149-157.
7. FINANCING THE INTERNATIONAL SALE OF GOODS
8. Intro: Letters of Credit

The Letter of Credit and Electronic Communication: Gold Watch Pens for France

(Problem 5.1)

1. Casebook, Read 224-242
2. Casebook p 243-268

Docs Supp, Read UCC 5-107; 5-108

5. Enjoining Payment of Letters of Credit for Fraud: VCRs from China (Problem 5.2)
6. Casebook 268-289; 298-301. You need to read UCC-5-109

III. FORMS OF DOING BUSINESS: LICENSING, THEFT AND PROTECTION OF 3

INTELLECTUAL PROPERTY

9. Franchising & Trademark Licensing: Colonel Chicken Goes Abroad (Problem 9.1)
10. Casebook 752-765 (intro to international IP treaties); 765-770 (intro to

franchising); 778-779 (Q&C)

2. Casebook 783-799 (antitrust issues in the U.S. and E.U. and Q&C); 770-778

(franchising contract)

9. Protection of I.P: Piracy & Gray Market Rockers Tapes & CDs (Problem 9.2)
10. Read Casebook 799-813;816-817

You need to look at Section 526 of the Tariff Act of 1930 (document supplement,

19 U.S.C.A. section 1526(a))

2. Casebook 817-824 (focus on K mart case); 826-829; 832-836
3. Protection of Intellectual Property: Section 337 Proceedings, Special 301

Procedures, TRIPS and Pharmaceuticals from Thailand (Problem 9.3)

1. Read Casebook 836-857

Class discussion for this part will focus on the Q&C on pp 1013-1014. Please read

the Q&C carefully and apply the issues raised to the problem laid out in the fact

pattern.

Docs Supp., Read Section 337 of the Tariff Act of 1930. Focus on section 337(a)

through (d).

2. Casebook 857-868

Class discussion will focus on the Q&C on pp 1026-27. Please read the Q&C

carefully and apply the issues raised to the problem laid out in the fact pattern.

Also Docs Supp., Agreement on Trade Related Aspects of Intellectual Property

Rights (TRIPS) Articles 27-31.

1. FORMS OF DOING BUSINESS: FOREIGN INVESTMENT
2. Introduction 10.0 The Decision and Ways to Invest Abroad B Domestic Goods in

France

1. Read Casebook 900-912 ; 913-919 (introduction to basic issues to consider)

Joint Venture Contract (handout)4

PLEASE BRING THE HANDOUT JOINT VENTURE CONTRACT TO EVERY CLASS FROM

NOW UNTIL THE END OF CLASS. WE WILL MAKE CONTINUING REFERENCES TO IT

AS RELEVANT

1. Issues Confronting The Established Investment: Currency Controls, Transfer

Pricing and Insolvency: Domestic Goods Five Years Later (Problem 10.2)

1. Casebook 954-966 (currency controls)
2. Casebook 966-972 (transfer pricing). We will not address transnational insolvency
3. The Taking of an Investment By a Third World Nation; Obstacles to Recovery; and

Lump Sum Settlements, Claims Commissions, and Insurance: Fishing Rods in

Marnesia (Problem 10.6)

1. Casebook 1075-1089 (up to sovereign immunity)
2. Casebook 1089 (sovereign immunity) -1098 (focus on Banco Nacional v.

Sabbatino); 1101-1106

You need to read from Doc. Supp, Foreign Sovereign Immunities Act of 1976 (Focus on

section 1605(a)(1) through (a)(6 )

1. TRANSNATIONAL DISPUTE RESOLUTIONS
2. Resolution of International Disputes: Televisions Everywhere: Choice of Forum and

Jurisdiction (Problem 11.1)

1. Casebook 1152-1162 (forum)
2. International Enforcement of Foreign Arbitral Awards: Cars from Malaysia

(Problem 11.5)

1. Casebook 1277-1297, 1303-1307