International Business Law (IBL) BerensP Course descripten eA course in law as it applies to international business transactions in the global political legal environment. °Focuses on the interrelationships among different domains of law, among laws of different countries and the legal effects on individuals and business organizations. urse aim S Gaining Knowledge Acquiring skills » Different areas and © Thinking in alegal way domains of law that onissues of business ‘compose what we call IBL + How toanalyze legal texts and extract legal rules » Legal rules relating to main issues in each of + How toapply legal mules cman tofactual situationsin order toresohe alegal question,Course organization Three hour lecture/discussion for 12 weeks. «International Business Law, Text, Cases, and Readings, Ray August & al., 6 edition, Pearson Education, 2013. rading System: Attendance : 10% Participation: 30% Mid-term: 30%Method of Evaluation: Midterm exam: to be determined Final exam will be either an individual take home exam or a seated open-book exam (documents and computers are authorized) « Participation comprises two activities Presentations that are assigned to groups. * Oral participation in class discussion. ee © A presentation shall be between 6 to 10 slides in PowerPoint. © Itshall be presented orally between 10 to 15 min. Followed by a discussion of 5 to 10 min. © As faras possible, each member of the group has to participate in the oral presentation. Itis possible that some members be responsible foranswering questions during discussion. © Each Presentations shall contain «+ Title of the Assignment + Names of the members of the group © Class number © Group Number + Date of the PresentationFormation of Groups ; © Groups of 4 or 5 persons (4*5=20- 3*4=12) total 7 Groups © Each Group shall have a number * The group shall be fixed forthe whole semester Contacts © Please create your group list © List the names of members of each group ona sheet of paper with the emails of each member of them « Email: wshalaan@yahoo.co.uk IBL Focuses on the interrelationships among different areas of law relating to business, among laws of different countries and the legal effects of these variety on business organizations. Time to thinis the difference between a Legal Rule, a Religious Rule and an Ethical Rule? °Sociability °Generality eEnforceabilityWhat is Law in general? Law is a body of rules which governs and regulates the social conduct of people and which is enforced by a sanction SE aA Branches of Law Public law Private Law_A j Branches of Law EIS © It covers such matters as the position of the presidency, the composition and procedures of Parliament, the functioning of central and local government, citizenship and the civil liberties of individual citizens. © Thus, the constitution determines the organs of the state which usually are three: legislative, executive and judicial. Constitutional law is especially concerned with the organization and functions of the legislative authority And one consequence this is that any law which is contradictory to the constitution is invalid.© Administrative law deals with the functions of public officers and employees, with the subordinate and local organs of the executive authority: ministrics, departments, local administration in cities and villages. It deals with the organization and functions of the administrative courts. 3- Tax Law: © Tax law deals with the imposition and collection of taxes which constitute an essential part of the state revenue. There are many sorts of taxes’ land tax; income tax; carstax...etc. riminal Law: * Criminal law deals with types of crimes : murder, theft, fraud, arson and with their punishments fine: detention, imprisonment, death or'capital punishment. * To the criminal law is attached the law of criminal procedures. The rules of which determine the methods which will be followed by the state in case a crime is committed. They define the authorities charged with the investigation and prosecution against persons suspected and accused of crime. » They determine what procedures can be taken in the preliminary investigation, in arresting the accused, in bringing him before court and in passing punishment.PS + Taernational law isthe universal system of rules and principles concening the relattons Derween sovereign States, and relations betwen States and international organizations such asthe UnitedNations. © The mules and principles of international law are increasingly importmt to the functioning of ourinterdependent world andinclude areassuch + Telecommunteations, postal seviees and wansportation (euch as camtage of gools and passengers); International economic law (inuding trade, intellectual property and foreigninvestment); Human rightsandrefigee, and useofthese2.ctc “The formal sources ofthese rules are: Intemational conventions andtreaties = Intemnationalcustom > General principles oflavjand 4 Judicial dacistons and the teachings of highly qualified publickts of various nations. _ ac | Law: © Civil law is the law which governs the relations of the normal citizens. These relations may affect the person himself and are called matters of personal statute, or they-may be financial and arc called matters of real estate. Thus civil law is divided into two classes: the law of persons and the lawof property. © The law of persons or the family law (or the kw of domestic relations) deals with legal capacity, marriage and divorce, rights and duties of parents towards their children, guardianship, and alimony. © The law of property deals with ownership, obligations, special contacts: sale, lease, insurance, etc.'2. Civil and Commercial Procedures Law * Law of civil procedure is generally considered a branch of private law, although from one point of view, it regulates public authority: the judicial authority. * This is the law which deals with actions by which rights can be enforced or defended before courts. © Tt contains the rules which organize the courts, the conduct of the lawsuit and the methods of the execution of judgments. ennens and Maritime Law: © Commercial Law is the law which deals with trade in general. It contains rules which regulate the relations among merchants such as: partnerships and companies, bills of exchange, commission agency, bankruptcy: © Commercial Law is not so general as civil law, it does not relate to the generality of the members of the society, it governs only the relations of a special class: merchants. © Maritime Law contains rules relating to trade on the sea : ownership of ships, engagement of the crew, maritime insurance, carriage of goods and passengers);ivate Internatio! * Private- International Law (or the conflict of laws as it is called in countries of Anglo- American legal system) contains the rules which determine the law to be applied and the court within whose jurisdiction the matterlies. * The necessity of determining such laws and such courts, arises when there is a social relation containing a foreign element. » For example, if an Englishman buys a piece of land situated in France belonging to an Egyptian. A conflict concerning this transaction happened, which law applies and which court do have jurisdiction — Petite =+ Law = ordinary legislations »\+ Regulations = subordinate legislations » Article 2 constitution What is a constitution? » Supreme Law of the Country + Basically concerned with designating the Powers within a State (Executive, Legislative, Judicial) and their limits as opposed to each other. * Draws the main features of the Political System * Defines the main rights of citizens as opposed to the State——_—_—=s Exercise: Analysis of a Legal text - 7 of the 2014 — stated The State shall ensure the achievement of equality between women and men in all civil, political, economic, social, and cultural rights in accordance with the provisions of this Constitution. The State shall also guarantee women’s right of holding public and senior management offices in the State and their appointment in judicial bodies and authorities without discrimination.| _ ae Questions: — © What is the problem in appointment of women in the Courts? ° Administrative courts refused to hire women, is that situation is lawful or unlawful? © In your opinion... Women are sufficient enough to set in courthouse? Legal Questions * What Does the text says? Yes orNo * Possible Answers: + tes not forbidden by the text, so itis permitted = It is not permitted so itis forbidden. + The answer will not depend onthe text, but on our interpretation of the legal principles underlining the constitution + Equity and Equality before the lawa Equality vs Equity Equality Equity » treating everyone inasimilar involves trying to understand way and give people what they need to enjoy theirrights legal rules © aims to ensure thateveryone * deals with accommodating getsthesamethingsin order 274 meetingthe specific ogee aerate needs of specific individuals. oe Consequently, such needs- based accommedation will not result in equal treatment of 7 EQUALITY EQUITYzs © email : wshalaan@yahoo.co.uk eFacebook : Dr-waels. shalaan atiol a © A presentation shall be between 6 to 10 slides in PowerPoint. © Itshall be presented orally between 10 to 15 min. Followed by a discussion of 5 to 10 min. © As far as possible, each member of the group has to participate in the oral presentation. It is possible that some members be responsible for answering questions during discussion. © Each Presentations shall contain « Title of the Assignment + Names of the members of the group + Class number * GroupNumber + Date of the Presentation