Diploma in International Business Law
The diploma in International Business Law brings together concepts of Business Law which are necessary for the aspiring entrepreneur to understand. Included within this curriculum are aspects of business which affect business owners in their dealings with business partners, clients and government authorities. The true value of this course is in it’s capacity to reduce the legal costs associated with running a business as lack of knowledge of the principles of business law requires many managers to outsource this skill set to other professionals. This course will primarily concentrate on how the law varies in different jurisdictions and applicability to business entities residing both in and out of these jurisdictions
Course breakdown
Intellectual Property Law
Module 1
Trademark Law
A trademark is a combination of letters, words, sounds or designs that distinguishes one company’s goods or services from those of others in the marketplace. This class focusses on the legal implications and the procedures involved in registering a trademark in varying jurisdictions. Students will also be exposed to the requirements for protection and the various conventions governing the applications of trademark protection in varying jurisdictions.
Copyright Law
Copyright is the exclusive legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. The creator is usually the copyright owner. This Class introduces students to the international framework for copyright protection, the requirements, international attempts to harmonize copyright law and the requirements for protection.
Design Law
A design right protects the external appearance of your product. The design right can play a role for your commercial success that should not be underestimated. This class focuses on the design conventions which affect how designs are registered and protected. Explored will be the Paris Convention, TRIPS, Berne Convention as well as The Hague System.
Patents
Patents are a government’s right to issue protection from the intellectual theft of new and useful inventions (product, composition, machine, process) or any new and useful improvement to an existing invention. This class will explore the theoretical justifications of the patent system including but not limited to natural law, reward by monopoly, monopoly/profit incentive and exchange for secrets. Students will also be introduced to existing Patent regulations in Europe and other jurisdictions and discuss the implications and disadvantages of creating harmonized global patent law.
Geographical Indications
A geographical indication (GI) is a
sign used on products that have a specific geographical origin and possess qualities or a reputation
that are due to that origin. In order to function as a GI, a sign must identify
a product as originating in a given place. Students will explore the
significance of the Madrid and Lisbon Agreement and how they form the basis for
further protections in different jurisdiction. An understanding of how
Geographical Indication plays a part in Intellectual property law and the
rationale behind it will be determined.
Module 2
International Human Rights
Introduction to the History of Human Rights Law
This class examines the historic and theoretic developments of human rights internationally and human rights theory. The sources of Human Rights Law and the International Bill of Human Rights as it forms the basis of regional and local human rights legislations.
Human Right Law Applications
Putting Human Rights Protection into Practice: Introduction to International Human rights Fora and the principal Legislative and non-legislative provisions. The United Nations Human Rights Machinery. Bodies established under UN Treaties with links to each. United Nations Human Rights Legislative provisions.
The United Nations Human Rights Law Regime
This class examines the UN Charter Arts 1 and 3. Article 1 (3) of the Charter provides: “To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion;”. Article 2 (7) provides that: “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter…”.
The European Convention on Human Rights
This class introduces the Council of Europe, the Machinery of the ECHR and the Rights protected by the Convention, the Jurisdiction and Procedure of the Court and a Closer consideration of one right: The Freedom of Expression (Article 10).
Human Rights and the ECHR
In this Unit students will be exposed to the Development of EU Rights protection and the EU Charter of Fundamental Rights.
Human Rights and Multi-National Corporations
This class covers the development of EU Rights protection, Equality and Non-discrimination, general principles of Procedural Law and Natural Justice and the Charter of Fundamental Rights of the European Union
Human Rights Investigations
This class examines the role the International Human Rights System plays in regulating non state actors and the legal consequences which are imposed./ The Regional conventions and regulation and the problems and issues involved.
Corporate Governance and the Law
Module 3
Organizations relating to Corporate Governance
This class covers General Corporate Governance Structure. Why good structure is needed, Two main types of corporate structures and general best practices principles.
Difference between the United Kingdom and the United States
This class introduces students to the following concepts in Corporate governance: The Principal /Agent approach, The Agency Approach, Duty of Care, Duty of Loyalty, Good Faith Conduct, The Business Judgment rule and differences between the US and The UK jurisdictions
Corporate Governance in Canada, Australia New Zealand and Japan
This class will cover the laws concerning corporate governance in Canada, Australia
New Zealand and Japan.
Europe, BRICS and Saudi Arabia Governance Methods
This class will examine how corporate governance varies in jurisdictions like Continental Europe, BRICS, Brazil, Russia, India, China, South Africa and Saudi Arabia.
Board oversight and Audit
This Class examines the following Corporate Governance processes and laws: The Internal Audit Process, The US Sarbanes-Oxley Act, The European Union Statutory Audit Directive as well as Case Studies.
Alternative Dispute Resolution
Module 4
Introduction to ADR
This class introduces students to Alternative Dispute Resolution principles in international commercial disputes.
ADR Preparation
In this class students will gain knowledge of the team approach to researching and reading for team presentation assessment
Mediation
This class will introduce students to the concepts of mediation and its role as a non-binding method of dispute resolution.
Arbitration
This class introduces students to the concept of arbitration as a voluntary and binding form of Alternative dispute resolution. Students will learn the process of tribunal and solitary Arbitrator selection as well as the cases where Arbitration is contraindicated for dispute resolution.
Negotiation
In this class students will learn Alternative Dispute resolution styles, techniques and practicalities as well as team approach to identifying, researching and preparing for negotiation assessment and putting negotiation plans and negotiation preparation together with tips and guidance from tutors.
Drafting of Mediation and Arbitration Agreements
Here students will learn the principles and process of drafting Mediation and arbitration agreements and their inclusion in Business contracts. Students will also be exposed to a variety of jurisdiction specific contract agreements and learn how the UNCITRAL model law has been applied in these jurisdictions.
Module 5
International Trade Law
Introduction to Trade Law
This class covers the following topics: International Sales – Nature, Responsibilities and Risks, Division of Responsibilities and Enhanced Risks, Origins & Sources and development of International Trade Law and Underlying Economic Philosophies of International trading.
Trade and Contract Terminology
This class concentrates on the Standard Trade Terms, Ex Works (or ex factory, ex store), F.A.S. (Free Alongside Ship), F.O.B. (Free on Board) (named Port of Shipment, Seller’s Risk, the buyer’s risk in relation to the contract of carriage, passing of the risk in the goods and Export and import licenses
Maritime Law
This section of the course concentrates on the UK Sale of Goods Acts 1979 (SGA), Scope of the Sale of Goods Act, the Core protections by Implied Terms, Non-existent goods, Risk, Frustration, Property and Title, The Vienna Convention, and remedies for Sellers and Buyers.
The Warsaw Convention (Air, Rail and Road)
This class examines The Hague Rules, the Hague-Visby rules, the Hamburg Rules and the Rotterdam Rules on bills of lading and other shipping documents, The Warsaw Convention on air Transport, CMR for land transport by road (CMR is based on the French (Convention relative au contrat de transport des marchandises par route)– hence reduction to an acronym), CIM governing Rail transport (Convention international concernant le transport des marchandises par chemin de fer), and Multimodal transport does though have model forms produced by United Nations Conference on Trade and Development (UNCTAD) and the International Chamber of Commerce (ICC).
Trade Insurance and Applicable Laws
This class focuses on Air Transport Regulation, Air Transport Documents (See Arts 5, 6, 8 & 11 Warsaw Convention), Electronic Documents, Carrier’s Duties and Liabilities, Consignor’s Duties and Liabilities, Consignee’s Duties and Liabilities.