Academic year 2023-2024
Lecturer: Franck BEAUDOIN, avocat
Course program – Updated on 19 September 2023
IMT BUSINESS SCHOOL
Master of Science in International Management (MSC IM)
Majeure International Marketing and Strategy (Majeure IMS)
Duration of the course: 21 hours / 7 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 trade. At the end of the course, learners will understand the legal and institutional framework of international trade. 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, in French and English. They will master legal risks and they will be able to anticipate, avoid and, if necessary, manage international litigations. They will master the main legal issues of international business (commercial law, company law, joint ventures, investments, imports, exports, intellectual property, processing personal data…).
CONTENT OF THE COURSE
Session 1 – Introduction to law and international law. Focus: brief history of law, State institutions, public international law, private international law, federal State, the legal system of the United States of America, the legal system of the European Union.
Session 2 – Overview of international business law. Focus: international treaties, conflict rules, substantive laws, Regulations of the European Union, Unidroit, International Chamber of Commerce (ICC), Incoterms.
Session 3 – Doing business in France: French business law. Focus: contracts, distribution law, commercial law, consumer law, company law, intellectual property law, penal law, administrative law.
Session 4 – Doing business in Europe: European Union law, EU-UK Trade Agreement. Focus: customs law, importing and exporting, processing personal data, competition law, market abuse regulation.
Session 5 – Doing business internationally: private international law, international legal systems. Focus: international public order, international sanctions, embargos, monitoring risks.
Session 6 – International business contracts. Focus: governing law, jurisdiction.
Session 7 – International litigations. Focus: international arbitration, exequatur.
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)
legifrance.fr
eur-lex.europa.eu
uncitral.un.org
unidroit.org
hcch.net
iccwbo.org
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