Course Information

Course Number

354

Credits

2

Chinese Business Law

China has become a major trading partner of the United States and a major destination for foreign direct investment. Traditionally, courses like this have been named, and taught, as "Legal Aspects of Doing Business With China" or "Chinese Foreign Trade and Investment Law". I have deliberately chosen a different name and broader coverage because I believe that the long-standing barriers between domestic and foreign business activities are breaking down, and that understanding garden-variety Chinese business law—company law and contract law, to name two examples—will be increasingly important. Thus, while the course will be focused mainly on what lawyers with a China practice would need to know, it will also cover things they may not need to know much about now, but probably will in the future.

This course aims to train students in the following areas:

1. Understanding the past and likely future of the overall legal regime governing foreign business activities.

2. Understanding the current economic, political, and social features of China that affect foreign business activities.

3. Understanding the key features of the substantive rules governing particular subject matter areas such as company law (including companies with foreign investment), mergers and acquisitions, antimonopoly law, contract law, land law, dispute resolution, and international trade under the WTO.

4. Understanding the institutions of the Chinese legal system—legislative, administrative, and judicial—in order to appreciate how the significance of various rules may differ according to their source or character.


Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.

Sections/Instructors

Donald C. Clarke
Chinese Business Law 354.01
Spring 2012
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