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CURSO: CURRENT ISSUES OF INTERNATIONAL BUSINESS LAW
TRADUCCION: CUESTIONES ACTUALES DE DERECHO COMERCIAL INTERNACIONAL
SIGLA: DER504G
CREDITOS: 05
MODULOS: 02
CARACTER: OPTATIVO DE PROFUNDIZACION
TIPO: CATEDRA
CALIFICACION: ESTANDAR
DISCIPLINA: DERECHO
PALABRAS CLAVE: CORPORATE GOVERNANCE, COMPARATIVE LAW, INTERNATIONAL BUSINESS, COMMERCIAL LAW, CIVIL AND COMMON LAW.


I.COURSE DESCRIPTION

The course will commence with an introductory seminar on the relationships of civil law and common law, their similarities, differences and interaction with emphasis on the area of commercial law widely defined. Then, the module will focus on the discussion of topics such as bribery and corruption, whistleblower protection, Panama papers and tax havens, money laundering and insider dealing, corporate taxation, carriage of goods by sea, commercial arbitration and corporate social responsibility. Finally the course will include two or three sessions on the relationship of law with politics, economics and diplomacy and how the international developments can influence or even shape the legal framework at both national and international level.


II.LEARNING OBJECTIVES

General

The students will develop their critical thinking skills in order to understand the way law interacts with society and the markets in the era of globalization and what lessons can be learnt from the way that different countries, developing and developed ones, are choosing to deal with the challenges they are facing in the area of corporate, financial, commercial and business law.


Specifics

1. Analyse the historical context and the evolution of international business law, in order to understand the relevance of current issues in relation to corporate governance and company law, bribery and corruption, trade and carriage of goods by sea, whistleblower protection, business ethics, taxation and tax evasion, white collar crimes, financial regulation, corporate culture and corporate social responsibility, among other related issues.

2. Evaluate the interaction of politics and economics with law nowadays and reflect on the impact of governments and multinational corporations in the development of regulation at both national and international level.

3. Gain an understanding of the relationship between civil law and common law systems, their similarities and differences as well as their importance in the globalised and interlinked business society of the 21st century.

4. Understand the relevant legal terminology in English and practice their knowledge and skills through a number of problems and exercises during the seminars in class.


III.CONTENT

1. Introduction.

1.1. Civil Law vs Common Law.

1.2. Comparative Law.


2. Comparative Corporate Governance

2.1. Comparative Corporate Governance I: Theoretical Framework.

2.2. Comparative Corporate Governance II: Scandals and Regulation.

2.3. Comparative Corporate Governance III: Business Ethics and CSR.

2.4. Comparative Corporate Governance IV: Corporate Governance in Practice.


3. International Business Law.

3.1 Whistleblower Protection.

3.2. Panama Papers, Paradise Papers and Tax Havens.

3.3. Bribery and Corruption.

3.4. Insider Dealing, Market Abuse and Money Laundering.

3.5. Carriage of Goods by Sea: International Conventions and INCOTERMS.


4. Law, Politics and Society.

4.1. Financial Crisis 101.

4.2. The Impact of Brexit for the EU and the World.


IV.METHODOLOGY FOR LEARNING

- Interactive seminars.

- Group discussion in class.

- Exercises and tasks.


V.ASSESSMENT

- Debates.

- Analysis of cases.

- Research essay on a selection of topics, which will be provided to the students at the last seminar.


VI.BIBLIOGRAPHY

A list of essential and recommended reading will be provided to students at the end of every seminar, which students will be able to use for both their final essay and their own independent reading during as well as after the completion of the module.


PONTIFICIA UNIVERSIDAD CATOLICA DE CHILE
FACULTAD DE DERECHO / Noviembre 2018