• Chinese Foreign Trade Law
    • Koguan Law School
    • Credit. 3
    • LA305
    • Enroll
    • WILL BEGIN
    • Spring & Fall , 2015
    • 688
    • Course Description:
    • ( Exchange Programme )
    • The teaching goals of this curriculum are to lead the students to get hold of the basic concepts of the Chinese Foreign Trade Law, to closely stick to the tendency of both the laws and practice in the field of Chinese Foreign Trade, to have a general view of the related legal issues of the domestic economic activities, to cultivate the ability of drafting and reviewing the international economic contract and the ability of providing legal opinions.

      This curriculum covers various parts international trade, including the Brief Introduction of the Chinese Foreign Trade Law, International Commercial Contract, Law of the International Sale of Goods, Law of World Trade Organization, Law of Foreign-invested Enterprises, International Securities Law, International Intellectual Property Law, International Tax Law, International Maritime and Admiralty Law. In addition, four class hours are put apart for the exercise and corresponding explanation, and another four class hours are set aside for the tutoring of the curriculum design.
    • Course Syllabus:
    • Syllabus

      Course Name: Chinese Foreign Trade Law

      Course Code: LA305

      Credit/Class hour: 2/32

      Major: Law

      Students: LL.M. in Chinese Law

      Prerequisites: International Law, Administrative Law and Administrative Procedure Law

      Follow-up Course: None

      Teaching materials & Reference books:

      Jiaxiang Hu, International Economic Law, Higher Education Press, 2008.

      Jiaxiang Hu, WTO and Its Dispute Settlement Mechanism, Zhejiang University Press, 2005.

      John Jackson, William Davey & Alan Sykes, Legal Problems of International Economic Relation, West Group, 2008.

      Course School: Law School




      1. Course Character and Teaching Objectives

      Course Character: International Economic Law is one of the fourteen specialized core courses of bachelor of law which are confirm by the Ministry of Education. It can also be seen as a general course of Arts and Social Science.

      Teaching Objectives: By learning this course, students will have a preliminary understanding of the important legal problems and their solutions in today’s international economic communication.




      2. Content of Courses and distribution of class hours (including the contents and requirements of practice, self-study, homework, discussion, etc.)

      Content of Courses

      class hours

      Classroom teaching

      Discussion

      Homework and requirements

      Self-study and requirements

      Group work and requirements

      Introduction

      2 class hours

      2 class hours

      Classroom teaching with group discussion

      Having homework after every class, finishing it in English, and the teacher will explain the major problems

      Read art.38 of Statute of the International Court of Justice


      Legal system of international trade, international trade control and legal system of WTO

      14 class hours

      14 class hours

      Finish reading the reference books and cases, search related materials on the Internet

      Prepare case discussion, and search related laws and regulations

      Legal systems of international transportation of goods and insurance, payment and balance of international trade

      8 class hours

      8 class hours

      Finish reading the reference books and cases, search related materials on the Internet

      Prepare case discussion, and search related laws and regulations

      Legal systems of international finance, international investment and revenue, intellectual property protection in international trade

      24 class hours

      24 class hours

      Finish reading the reference books and cases, search related materials on the Internet

      Prepare case discussion, and search related laws and regulations

      International economic disputes and settlements

      3 class hours

      3 class hours

      Read related cases of WTO and ICSID

      Prepare case discussion, and search related laws and regulations





      3. Content of Courses



      Unit One: Introduction will mainly discuss the formation, origin, subject and fundamental principles of international economic law. By learning this unit, students should have enough understanding of the basic reading materials, treaties and cases of this discipline. And they can know relevant principles and learning methods, which will lay a foundation for the next study. I want to make a point that this discipline is quite practical. Students should pay attention to the solutions of specific cases and analysis of events, and have enough understanding of related courses (such as international public law, human rights law and environmental law).




      Unit Two: Modern international trade mainly includes goods trade, service trade, and technology trade. The unit focuses on these three parts, and introduces the legal systems of international goods trade, international service trade, and international technology trade. Goods trade is a “visible” trade, while service trade and technology trade are “invisible” trades. Therefore, there are both connection and difference between these three trades. By learning this unit, students will have a basic understanding of the contents and legal characteristics of international goods trade, service trade, and technology trade.




      Unit Three: Nowadays the vast majority of international goods trade is transported by sea. Modern international carriage of goods by sea is not only about the legal relationship between carrier and shipper, but also about the legal relationship between the insurer and the insured. Carriage of goods by sea and insurance relate to a lot of technical articles of law. Therefore, while learning this unit, students should compare and analyze the related articles of law. By learning this unit, students will have a preliminary understanding of the basic regulations of international carriage of goods by sea and the related insurance system.




      Unit Four: Letter of credit is the basic tool of international trade payment. By analyzing the concept and legal characteristic of letter of credit in this unit, students will learn the major content of letter of credit, its main parties and the legal relationship between them, its independence and abstractness, the establishment of L/C, legal requirements of examine and modify, and the concept of negotiation. They can also distinguish the differences between bill purchase and negotiation, be familiar with the standard of examination and the dishonor regulation, know the concept of soft clause and the usual kinds of soft clauses, and learn the meaning of fraud in letter of credit and the legal system of dealing with the problems of fraud in letter of credit in China.




      Unit Five: International trade control is a system which every government manages the import and export trade. WTO now is the most important organization which international community regulates the trade control. Although the legal system of WTO doesn’t have the effect of direct application to its members, WTO requires its members to establish trade laws, regulations and policies which are consistent with multilateral trade agreements. While introducing the basic system of international trade control, this unit focuses on the characteristics of WTO and its legal system. By learning this unit, students will have a basic understanding of the multilateral trading system of WTO.




      Unit Six: This unit first introduces some basic concepts of investment and international investment, and the relation and differences between different investors. On that basis, it highlights different academic opinions of direct investment and indirect investment and some usual investment styles. By learning this unit, students will have an initial knowledge of the concept of international investment, its form and legal relationship. The legal system of international investment consists of the domestic laws of capital exporting and importing countries, bilateral investment treaties and some international treaties. Among these three parts, bilateral treaties are the main parts. They are not only the basis of most domestic investment laws, but also have a large influence on the international treaties protecting investment. In this unit, students should have a basic understanding of the main content, characteristics and development tendency of the legal system of international investment.




      Unit Seven: This unit briefly introduces the concepts of security in both generalized and narrow sense. It systematically explains the security information disclosure system, the responsibility of the International Security Regulatory Committee Organization, and the way of international security supervision and cooperation. Then we will study the concept of Internet securities transaction and related legal problems; analyze the legal requirements of security issue and going public; explain the concept and types of American Depositary Receipt, and legal announcements while trading on NASDAQ. By learning this unit, students will have an initial knowledge of the legal system of international security mentioned above. International commercial loan is an important part of international financial activities. It plays a positive improving role to promote the rational flow of international capital and effectively increase the service efficiency of capital. However, the amount of capital related international commercial loan is very huge. If we don’t control it effectively, maybe it will endanger the economic security of a country or a region, and even lead to economic crisis of some areas. This unit mainly introduces the role of multi-national bank in international commercial loan, and under the guidance of the Basle Committee, how financial regulator in every country controls the business operations of multi-national bank in international commercial loan. By learning this unit, students will have an initial understanding of basic modes of international commercial loan and basic regulations about the business operations of multi-national bank in every country.

      Unit Eight: With the economic globalization, economic activities in every country are integrating continually. International trade and investment are becoming the important improvement of the world economic development. However, internal tax law in every country hasn’t coordinated and integrated together with the development of international economy and trade. Nowadays, the power of revenue is still seen as the symbol of national sovereignty. The inconsistent tax systems in different countries lead to the double taxation or conflict in transnational trade, and also block the flow of international goods, service, capital and people. On the other side, while the differences of every country’s tax system and the obstacle of information exchange provide chances for tax planning and tax arbitrage, they also bring problems of international tax avoidance and tax evasion at the same time. Therefore, every country has to make more strict tax laws to avoid erosion of tax base. By learning this unit, students should have a basic knowledge of international revenue theory and practice. In the field of international revenue, except international double taxation, avoiding international tax avoidance and tax evasion is another important issue. This unit will first distinguish the concepts of tax avoidance and tax evasion; introduce the avoiding measures; and briefly explain the avoiding measures of tax avoidance and tax evasion in the2007 enterprise income tax law of the People’s Republic of China. What’s more, the visible boundaries between countries are becoming vague, multi-national investment and goods transportation are becoming easier. Economic globalization is not only a slogan, but a phenomenon in everyone’s life. However, more multi-national investments make the problem of double taxation more serious. Therefore, international tax planning has become an optional course before the internationalization of transnational companies. This unit will also introduce basic concept and ways of international tax planning. By learning this unit, students will understand the problems mentioned above.



      Unit Nine: This unit mainly introduces the system of international protection of intellectual property, including the summary of international protection of intellectual property, Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, Agreement on Trade-related Aspects of Intellectual Property Right, and other major international conventions. By learning this unit, students will have a basic understanding of the system of international protection of intellectual property.

      Unit Ten: International economic dispute is disagreement in international economic contact. It relates to trade, investment, finance, and intellectual property, etc. We can settle international economic dispute according to contract provisions by both parties, or according to bilateral agreements signed by related countries and international treaties. By learning this unit, students will have a basic understanding of the characteristic of international economic dispute and some usual settlements, especially the organizational form, dispute settlements and enforcement of the award of WTO and other international commercial arbitration organization. They should also learn some large influential regional dispute settlement bodies and the dispute settlement bodies of international organizations.

      4. Teaching Methods

      (1) Traditional and modern mixed educational method.
      Innovating teaching methods, changing teaching model which places excessively emphasis on theory explanations and knowledge inheriting. We will combine many cases in the field of international economy, encourage students analyzing some major and difficult problems of international economic law and having their own opinions. Nowadays, case study has become important content of students’ class discussion.

      (2) Theory and practice mixed teaching philosophy.
      Practice is the life of international economic law. This course not only pays attention to teaching theoretical knowledge, but also the combination of theory and practice. After finishing this course, Students need to intern four months in famous transnational law firms and foreign-related economic sector in the government.

      (3) Improvements of teaching contents.
      Using reformation achievement in teaching is the goal of our educational reform. We will absorb teaching characteristics in other law schools at home and abroad, improve our own ability of teaching reform.

      (4) Taking full advantages of advanced teaching methods.
      International economic law involves a lot of treaties and rules regulated by international organizations. The development of modern Internet technology has greatly changed the teaching model of international economic law. By using the Internet and multimedia teaching means, students can find the latest cases and newly modified international treaties at all times in class. All of these can greatly broaden the teaching contents of international economic law.

      5. Examination methods

      The final score is combined by coursework, class discussion, and final achievement test. The proportion is as following:

      — Coursework and class participation: 10%

      Mainly examine the master of knowledge points, oral and written capacities.

      — Class discussion: 30%

      Mainly examine the capacities of analyzing and settling problems, creative work, processing information, oral and written expression.

      — Final test: 60% (three exams,20% each)

      Mainly examine the understanding of basic principles of international economic law and related legal problems.
    • Schedule:
    • Unit One: Introduction will mainly discuss the formation, origin, subject and fundamental principles of international economic law. By learning this unit, students should have enough understanding of the basic reading materials, treaties and cases of this discipline. And they can know relevant principles and learning methods, which will lay a foundation for the next study. I want to make a point that this discipline is quite practical. Students should pay attention to the solutions of specific cases and analysis of events, and have enough understanding of related courses (such as international public law, human rights law and environmental law).




      Unit Two: Modern international trade mainly includes goods trade, service trade, and technology trade. The unit focuses on these three parts, and introduces the legal systems of international goods trade, international service trade, and international technology trade. Goods trade is a “visible” trade, while service trade and technology trade are “invisible” trades. Therefore, there are both connection and difference between these three trades. By learning this unit, students will have a basic understanding of the contents and legal characteristics of international goods trade, service trade, and technology trade.




      Unit Three: Nowadays the vast majority of international goods trade is transported by sea. Modern international carriage of goods by sea is not only about the legal relationship between carrier and shipper, but also about the legal relationship between the insurer and the insured. Carriage of goods by sea and insurance relate to a lot of technical articles of law. Therefore, while learning this unit, students should compare and analyze the related articles of law. By learning this unit, students will have a preliminary understanding of the basic regulations of international carriage of goods by sea and the related insurance system.




      Unit Four: Letter of credit is the basic tool of international trade payment. By analyzing the concept and legal characteristic of letter of credit in this unit, students will learn the major content of letter of credit, its main parties and the legal relationship between them, its independence and abstractness, the establishment of L/C, legal requirements of examine and modify, and the concept of negotiation. They can also distinguish the differences between bill purchase and negotiation, be familiar with the standard of examination and the dishonor regulation, know the concept of soft clause and the usual kinds of soft clauses, and learn the meaning of fraud in letter of credit and the legal system of dealing with the problems of fraud in letter of credit in China.




      Unit Five: International trade control is a system which every government manages the import and export trade. WTO now is the most important organization which international community regulates the trade control. Although the legal system of WTO doesn’t have the effect of direct application to its members, WTO requires its members to establish trade laws, regulations and policies which are consistent with multilateral trade agreements. While introducing the basic system of international trade control, this unit focuses on the characteristics of WTO and its legal system. By learning this unit, students will have a basic understanding of the multilateral trading system of WTO.




      Unit Six: This unit first introduces some basic concepts of investment and international investment, and the relation and differences between different investors. On that basis, it highlights different academic opinions of direct investment and indirect investment and some usual investment styles. By learning this unit, students will have an initial knowledge of the concept of international investment, its form and legal relationship. The legal system of international investment consists of the domestic laws of capital exporting and importing countries, bilateral investment treaties and some international treaties. Among these three parts, bilateral treaties are the main parts. They are not only the basis of most domestic investment laws, but also have a large influence on the international treaties protecting investment. In this unit, students should have a basic understanding of the main content, characteristics and development tendency of the legal system of international investment.




      Unit Seven: This unit briefly introduces the concepts of security in both generalized and narrow sense. It systematically explains the security information disclosure system, the responsibility of the International Security Regulatory Committee Organization, and the way of international security supervision and cooperation. Then we will study the concept of Internet securities transaction and related legal problems; analyze the legal requirements of security issue and going public; explain the concept and types of American Depositary Receipt, and legal announcements while trading on NASDAQ. By learning this unit, students will have an initial knowledge of the legal system of international security mentioned above. International commercial loan is an important part of international financial activities. It plays a positive improving role to promote the rational flow of international capital and effectively increase the service efficiency of capital. However, the amount of capital related international commercial loan is very huge. If we don’t control it effectively, maybe it will endanger the economic security of a country or a region, and even lead to economic crisis of some areas. This unit mainly introduces the role of multi-national bank in international commercial loan, and under the guidance of the Basle Committee, how financial regulator in every country controls the business operations of multi-national bank in international commercial loan. By learning this unit, students will have an initial understanding of basic modes of international commercial loan and basic regulations about the business operations of multi-national bank in every country.

      Unit Eight: With the economic globalization, economic activities in every country are integrating continually. International trade and investment are becoming the important improvement of the world economic development. However, internal tax law in every country hasn’t coordinated and integrated together with the development of international economy and trade. Nowadays, the power of revenue is still seen as the symbol of national sovereignty. The inconsistent tax systems in different countries lead to the double taxation or conflict in transnational trade, and also block the flow of international goods, service, capital and people. On the other side, while the differences of every country’s tax system and the obstacle of information exchange provide chances for tax planning and tax arbitrage, they also bring problems of international tax avoidance and tax evasion at the same time. Therefore, every country has to make more strict tax laws to avoid erosion of tax base. By learning this unit, students should have a basic knowledge of international revenue theory and practice. In the field of international revenue, except international double taxation, avoiding international tax avoidance and tax evasion is another important issue. This unit will first distinguish the concepts of tax avoidance and tax evasion; introduce the avoiding measures; and briefly explain the avoiding measures of tax avoidance and tax evasion in the2007 enterprise income tax law of the People’s Republic of China. What’s more, the visible boundaries between countries are becoming vague, multi-national investment and goods transportation are becoming easier. Economic globalization is not only a slogan, but a phenomenon in everyone’s life. However, more multi-national investments make the problem of double taxation more serious. Therefore, international tax planning has become an optional course before the internationalization of transnational companies. This unit will also introduce basic concept and ways of international tax planning. By learning this unit, students will understand the problems mentioned above.



      Unit Nine: This unit mainly introduces the system of international protection of intellectual property, including the summary of international protection of intellectual property, Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, Agreement on Trade-related Aspects of Intellectual Property Right, and other major international conventions. By learning this unit, students will have a basic understanding of the system of international protection of intellectual property.

      Unit Ten: International economic dispute is disagreement in international economic contact. It relates to trade, investment, finance, and intellectual property, etc. We can settle international economic dispute according to contract provisions by both parties, or according to bilateral agreements signed by related countries and international treaties. By learning this unit, students will have a basic understanding of the characteristic of international economic dispute and some usual settlements, especially the organizational form, dispute settlements and enforcement of the award of WTO and other international commercial arbitration organization. They should also learn some large influential regional dispute settlement bodies and the dispute settlement bodies of international organizations.
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    • Hu Jiaxiang
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    • jxhu@sjtu.edu.cn
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  • Prerequisite Course:

    International Law, Administrative Law and Administrative Procedure Law

  • Textbooks:

    1.Jiaxiang Hu, International Economic Law, Higher Education Press, 2008.
    2.Jiaxiang Hu, WTO and Its Dispute Settlement Mechanism, Zhejiang University Press, 2005.
    3.John Jackson, William Davey & Alan Sykes, Legal Problems of International Economic Relation, West Group, 2008.
  • Grading:

    80%/Examination
    20%/Class performance
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