Academic year 2023-2024
Lecturer: Franck BEAUDOIN, avocat
Course program – Updated on 11 October 2023
IMT BUSINESS SCHOOL
Mastère spécialisé Ingénieur d’affaires internationales (IAI)
Duration of the course: 15 hours / 4 sessions
PRESENTATION OF THE COURSE
This course deals with the international dimension of business law. It focusses on private international law, European Union law and French law.
OBJECTIVES
This course aims at learning to identify and master the major legal issues of international business. At the end of the course, learners will understand the legal and institutional framework of international business. They will identify the challenges and specificities of the international dimension of business law. They will know the fundamental rules of international trade. They will master the specific clauses of international agreements. They will be able to negotiate and draft secured international commercial contracts. They will master legal risks and they will be able to anticipate, avoid and, if necessary, manage international litigations.
CONTENT OF THE COURSE
SESSION 1 – 3h30 – INTRODUCTION AND OVERVIEW.
Introduction to law and international law. Focus: brief history of law, State institutions, public international law, private international law, federal law, the legal system of the United States of America, the legal system of the European Union, international organisations.
Overview of international business law. Focus: conflicts of laws and jurisdictions, international treaties, conflict rules, substantive laws, Regulations of the European Union, international legal systems, international public order, international sale of goods, international commercial contract, governing law and jurisdiction.
SESSION 2 – 3h30 – LEGAL AND INSTITUTIONAL FRAMEWORK OF INTERNATIONAL BUSINESS.
Doing business in Europe: European Union law, EU-UK Trade Agreement. Focus: applicable law and jurisdiction in the EU, EU Regulations, processing personal data, competition law.
Doing business internationally: private international law, international legal systems. Focus: United Nations Convention on Contracts for the International Sale of Goods (CISG, 1980), Unidroit Principles of International Commercial Contracts, Incoterms.
SESSION 3 – 4h – INTERNATIONAL BUSINESS CONTRACTS.
Definition and legal regime of the international agreement.
> Applicable law
> Autonomous contract (contract without law)
> Competence, clause conferring jurisdiction
> Specific clauses of the international commercial agreement
> Contractual liability: non-performance, contractual breach
> Force majeure
Practical case.
Negotiating and drafting an international business agreement.
SESSION 4 – 4h – OPERATING INTERNATIONALLY.
Sourcing and manufacturing internationally: international manufacturing and purchasing agreement (study of a template).
Importing products in the European Union: case study.
PEDAGOGICAL METHOD
Theoretical knowledge guides practice, which nourishes reflection. The course will closely associate theory and practice to make learners operational when facing legal issues in international trade. Many templates of clauses and contracts as well as practical cases will be studied. The main medium of the course will be the lecturer’s website, giving learners access to guides, templates of clauses and contracts.
PERSONAL WORK REQUIRED FOR STUDENTS
There is no prerequisite. Students must actively participate in class. A group work will be done outside or inside of the class (negotiation and drafting an international contract).
EVALUATION
Graded works:
– Multiple choice questionnaire (MCQ).
– Practical case: negotiating and drafting an international business agreement. Collective work, prepared in groups outside or during the course, returned during the course.
The final mark will be the arithmetic mean of the marks, calculated without coefficient, and rounded considering the individual participation.
BIBLIOGRAPHY
Memento Droit commercial, éditions Francis Lefebvre
Merriam-Webster’s Dictionary of Law (https://www.merriam-webster.com/legal)
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