| International Business Law and China |
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| Introduction |  |
Welcome to LAW B848W International Business Law and China, a compulsory, one-semester, five-credit course in the Master of Laws in Chinese Business Law (LLM (Chinese Business Law) programme. This course will give you a thorough overview of the international business law affecting mainland China, as well as the Chinese domestic business law affecting its foreign trade and business.
There are at least two different approaches to the subject of international business law. On the one hand, there are some programmes that emphasize transactions, and are often titled International Business Transactions or International Trade Law. On the other hand, there are some programmes that emphasize regulation and the legal interplay between different levels of governmental control on the economic activities that cross borders, and are sometimes titled International Economic Law. It is the second approach that is the focus of this course.The basic purpose of this course is to provide you with a fundamental understanding of the world trading and economic system. Attention is given to the institutional structure of such a system as it operates both at national government levels and international government and regulatory levels. This enables you to look at the world trading and economic system as an integrated institutionalized activity.
There are five units in the course. The first one is an introduction to international business law from China's perspective. The remaining four units will discuss international business organizations, international trade, international investments and finance, and China's accession to the WTO.
Purpose of this Course Guide
This Course Guide tells you briefly what the course is about and outlines the aims and learning outcomes of the course. It also gives you information about the course materials and how you can work your way through the materials. It suggests the amount of time you will need to spend to complete the course and the units. Finally, it gives you information about tutorial assistance and a general idea of when your tutor-marked assignments are due.
Course aims
The main purpose of this course is to introduce you to the general concepts and principles of Chinese foreign business law and the international business law affecting China. It helps you learn and master the key concepts of international business law from China's perspective, as well as the Chinese law and policy on foreign trade and business. It examines the operation of international business law in China, the functions and structures of major international organizations affecting international trade and economy, international investment and finance law, the Chinese laws governing foreign investments and business activities, and the legal implications of China's accession to the WTO.
Course learning outcomes
Upon completing this course, you should be able to:
Describe the concepts, sources, principles and historical development of international business law from China's perspective.
Discuss the objectives and structure of major international organizations affecting international trade and economy.
Explain the legal system governing international trade from China's perspective, and the Chinese law governing foreign trade.
Discuss the key concepts of international economic and investment law, including the international monetary system, international securities law and policy, international financing, and the regulatory system on international finance.
- Identify the legal ramifications of China's accession to the WTO, including the impacts on China's foreign trade, foreign investment policy, and the regulatory framework of its domestic market.
| Course materials | |
As LAW B848W is an online course, all the study units and most of the supplementary readings will be provided in the Online Learning Environment (OLE). You are required to have access to the Internet through a personal computer equipped with a web camera to take part in the e-learning activities. The following are the minimum requirements for this course:
A personal computer with a Pentium or more powerful CPU;
64MB RAM or above;
Broadband connection to the Internet;
Windows XP or a newer version of the MS Windows platform;
Earphone and microphone;
USB webcam (optional); and
A printer connected to your computer for printing online course content.
For further details, please refer to the following webpage:
http://ecentre.ouhk.edu.hk/e-online-equip.htm.
Online study units
There are five study units in LAW B848W International Business Law and China. Each unit consists of approximately four weeks' worth of part-time work. The study units summarize key issues, explain the relevant theories and practices, and comment on related readings and case studies. Each unit contains self-tests and activities to reinforce your assimilation of the issues under discussion. The following table gives you an overview of the study units and each key topic, the time taken to complete each unit, and the assignments that assess the units.
Unit Title Weeks Assignment 1
Overview and practical implications
3
2
International organizations affecting international trade and economy
3
3
Regulatory framework for international trade
3
TMA 1
4
International finance and investment
3
5
Legal ramifications of China's accession to the WTO
4
TMA 2
Total
16
2
In addition to the online study units, you will be expected to make use of other materials from time to time as stipulated below.
Printed materials
Although you will not be provided with printed copies of the Course Guide and the five study units, you will be given the option to purchase .pdf versions of the study units if you prefer a printable option.
Supplementary readings
There is no set textbook for LAW B848W.
As you study the course, you will be directed in the units to read specific pages excerpted from relevant textbooks, or other readings. Copies of the required supplementary readings will either be available online or provided as hard copies.
Optional English-language textbooks
You may often want to refer to the following reference books, which will help you in your studies, although they are not compulsory. There has been an important and most welcome increase in publications on PRC laws in the English language since China's accession to the WTO, but this still fails to keep pace with China's rapid legal and economic development. Some of the following books provide an overview of the Chinese legal system, and are useful for students who are not familiar with it. Some of them may not be sufficiently up-to-date for the purpose of this course. You should refer to more in-depth material in leading law journals (see further below).
Ash, R F and Kueh, YY (1996) The Chinese Economy under Deng Xiaoping, Oxford: Clarendon Press.
Bradlow, D D and Escher, A (1999) Legal Aspects of Foreign Direct Investment, The Hague: Kluwer Law International.
Bronckers, M and Quick, R (2000) New Directions in International Economic Law, The Hague: Kluwer Law International.
CCH China Investment Vehicles, CCH Asia Pte Limited (loose leaf).
CCH China Laws for Foreign Business, CCH Asia Pte Limited (loose leaf, multi-volumes).
Chen, A H (1998) An Introduction to the Legal System of the PRC, 2nd ed, Hong Kong: Butterworths.
Chen, C (1989) Clive M. Schmitthoff's Select Essays on International Trade Law, Kluwer Law International.
EIU China Hand, The Complete Guide to Doing Business in China (loose leaf, multi-volumes).
Fisher, J and Bewsey, J (1997) The Law of Investor Protection, London: Sweet & Maxwell.
Hus, C S (2003) Understanding China's Legal System: Essays in Honour of Jerome A. Cohen, New York and London: New York University Press.
Jackson, J H (1998) The World Trade Organization: Constitution and Jurisprudence, London: Royal Institute of International Affairs.
Lester, S, Mercurio, B, Davies, A and Leitner, K (2008) World Trade Law -- Text, Materials and Commentary, Oxford: Hart.
Lin, F (2000) Constitutional Law in China, Hong Kong: Sweet & Maxwell Asia.
Lubman, S (1996) China's Legal Reforms, Oxford: Clarendon Paperbacks, Oxford University Press.
Mergers and Acquisitions in China (2006) Stamford Law Corporation, Singapore: Sweet & Maxwell Asia
Murray, C, D'Arcy, L and Cleave, B (2007), Schmitthoff's Export Trade, 11th ed, England: Sweet & Maxwell.
Potter, P (2001) The Chinese Legal System: Globalisation and Local Legal Culture, London: Routedge.
Tao, J and O'Brien, D (2002) Non-tariff Trade Barriers in China, Hong Kong: Sweet & Maxwell Asia.
Wang, C and Zhang, X (1997) Introduction to Chinese Law, Hong Kong: Sweet & Maxwell (Asia).
Wang, G and Mo, J (1999) Chinese Law, Kluwer Law International.
Wood, P R (2008) Law and Practice of International Finance, 2nd ed, London: Sweet & Maxwell.
Xin, Z (2006) International Trade Regulation in China, Oxford and Portland, Oregon: Hart Publishing.
English-language journals
Chinese Law and Government
Columbia Journal of Asian Law
China Law (www.cnlaw.com.hk)
Hong Kong Law Journal
China Law & Practice (published by Asia Law & Practice)
Chinese-language sources
Students who understand Chinese language are encouraged to read from primary sources, e.g.:
The Gazette of the National People's Congress Standing Committee
The State Council Gazette
The Supreme People's Court Gazette
The Supreme People's Procuracy Gazette
New legislation and other materials from primary sources are often reproduced by Fazhi Ribao (法制日報) and Renmin Ribao (人民日報).
Selected websites
Many websites contain useful materials. Among the most important sites are (some of them are in Chinese language only):
- Official websites
Central People's Government of the People's Republic of China: http://www.gov.cn
People's Bank of China 中國人民銀行: http://www.pbc.gov.cn/
Supreme People's Court of PRC 中華人民共和國最高人民法: http://www.court.gov.cn/
Supreme People's Procuratorate of China 中華人民共和國最高人民檢察院: http://www.spp.gov.cn/
China International Economic and Trade Arbitration Commission: http://www.cietac.org.cn/
China Maritime Arbitration Commission: http://www.cmac.org.cn/
General Office National Committee, Chinese People's Political Consultative Conference: http://www.cppcc.gov.cn/
Xinhua News Agency: http://www.xinhua.org/
Legal Info 中國普法網: http://www.legalinfo.gov.cn/
Ministry of Commerce of the PRC: http://www.mofcom.gov.cn
Ministry of Commerce of the PRC-Department of WTO Affairs: http://sms.mofcom.gov.cn
Bureau of Fair Trade for Imports and Exports: http://gpj.mofcom.gov.cn
Bureau of Industry Injury Investigation: http://dcj.mofcom.gov.cn
State Administration of Foreign Exchange: http://www.safe.gov.cn
China Securities Regulatory Commission 中國證券監督管理委員會: http://www.csrc.gov.cn/n575458/index.html and http://www.csrc.gov.cn/n575458/n4001948/
National Digital Library of China中國國家數字圖書館 http://www.nlc.gov.cn/
- Other websites:
China Law.net: http://www.ceilaw.com.cn/
Chinalawinfo.com北大法律信息網 http://www.chinalawinfo.com
Isinolaw: http://www.isinolaw.com
CLRS online: http://www.CLRSonline.com
Law-lib.com: http://www.law-lib.com
China Journal Net 中國知網 http://www.chinajournal.net.cn
China Judge 中國法官 http://www.china-judge.com
China Laws: http://www.lawbase.com.cn/
Tsing Hua University Library清華大圖書館 http://www.lib.tsinghua.edu.cn/
CNKI Search 中國知網 http://www.global.cnki.net/
China Court http://www.chinacourt.org/
Legal Daily 法制網 http://www.legaldaily.com.cn/
Sinolaw: http://www.sinolaw.com
China Law and Practice http://www.chinalawandpractice.com/
Worldwide Legal Directories http://www.hg.org/
- Commercial information providers:
Lexis-Nexis：http://www.lexis-nexis.com
Westlaw：http://www.westlaw.com
| Course assessment | |
The formal assessment for this course consists of tutor-marked assignments, participation in an online discussion forum and the final examination.
Tutor marked assignments
You are required to complete two tutor-marked assignments (TMAs) and submit them to your tutor for evaluation and grading. Each assignment will be marked out of 100 and will assess your grasp of the materials covered in the respective units. The two assignments are required and are weighted equally (20% for each TMA). The combined marks for the two assignments will account for 40% of the course's overall assessment.
TMA extension policy
The assignment policy of the University as stated in the Student Handbook should be observed. You are required to submit assignments for this course in accordance with the dates communicated by your course coordinator. You may apply for a submission extension on the grounds of illness, accident, disability, bereavement or other compassionate circumstances.
Applications for extensions of up to seven days should be submitted to the tutor. The tutor shall consider valid and unexpected emergencies on an individual basis. Normally, documented proof of the extenuating circumstances is not required for extensions of up to seven days. The tutor shall decide and advise you of the revised date for submission.
For extensions of over seven days, you should note the following:
If you require an extension of more than seven days on the grounds of illness, accident, disability, bereavement or other compassionate circumstances, they are required to complete an 'Application Form for Assignment Extension over seven days' and submit it to the Course Coordinator.
Supporting documents must be submitted along with the application for extension of over seven days to justify the claim.
Applications for extension should normally be lodged before or on the due date.
- Applications are considered by:
- the Course Coordinator for extensions of 8 to 21 days; and
- the Dean for extensions of over 21 days.
If the assignment is posted to the tutor, it is your responsibility to check that the assignment has successfully arrived (see Assignment File). Extension applications without supporting documents on the grounds of postal loss will not be accepted. The University cannot accept any responsibility for assignments that are not received by your tutor due to problems with the post. As a precaution, you are advised to keep a copy of each assignment you submit and obtain a certificate of posting from the post office when you post your assignment.
According to the University's policy, there is no extension of the cut-off date for the final TMA.
Final examination
The final examination for LAW B848W is of three hours' duration and is worth 50% of the total course grade. The examination consists of questions similar to those in the tutor-marked assignments.
A specimen examination paper will be provided before the examination for practice purposes. The format of the specimen examination will be similar to that of the final examination.
Participation in online discussion forum
Students are required to contribute to an online discussion forum throughout this course, participation in which will count for 10% of their final mark for the course.
Assessment summary
Assessment type Marks Assignments 40% Online discussion forum 10% Final examination 50% Total 100% As specified in the Student Handbook, your final result in this course depends on your performance in both the continuous assessment (TMAs) and the examination. In order to pass the course, you need to pass both the continuous assessment and the examination. For more information on the University's policies on assignments and examinations, please refer to the section 'Assignments and examinations' in the OUHK Student Handbook.
| Tutors and online support | |
Tutors
Your tutor will mark and comment on your assignments, keep a close watch on your progress, provide advice on any difficulties you might encounter, and generally assist you during the course.
You will be notified of the name and contact details of your tutor as soon as you are allocated to a tutorial group (shortly after the start of the course).
Do not hesitate to contact your tutor by telephone or email if you need help. The following might be some typical circumstances in which you would find help necessary. Contact your tutor if:
- You do not understand any part of the study units or the assigned readings.
- You have any difficulty with the self-tests.
- You have a question or problem with assignments, or with your tutor's comments on or grading of an assignment.
It is a good idea to keep copies of all TMAs you submit for reference during any telephone conversations with your tutor. Remember that TMAs should be submitted in accordance with the due dates indicated. Your tutor will mark and return them to you as soon as possible.
Online support
In this course, you have the opportunity to interact with tutors and fellow students via the Online Learning Environment (OLE). You will at times be referred to the course discussion board to exchange views with other students on particular issues, or you may like to post your own questions and invite feedback from others. Real-time tutorials and lectures on specific topics will be delivered via teleconferencing facilities. It is strongly recommended that you make use of the course discussion board and teleconferencing sessions. They will provide considerable assistance in your study of law, and improve your chances of earning higher marks on your TMAs. They will also bring you into contact with other students who are studying through the OUHK. Experience shows that students who form study groups to exchange ideas tend to perform better.
| Summary | |
LAW B848W International Business Law and China aims to provide you with an overview of the general concepts and principles of Chinese foreign business law and the international business law affecting China. By the end of this course you should have acquired a fundamental understanding of the world trading and economic system and be able to discuss some of the associated issues as they relate to China. We hope that you will not only find the course interesting and stimulating, but that you will be able to apply the concepts you learn in this course to your career.
Good luck, and enjoy the course!
| A note about the course developers | |
Walter Lee graduated from the University of Hong Kong (LL.B., 1990; P.C.LL, 1991) and later obtained his LL.M. from the University of London. He is admitted to practise as a solicitor in Hong Kong, and also admitted in England and Wales (non-practising). He is a partner of Gallant Y.T. Ho & Co and head of the commercial dispute resolution team. He is Member of The Chartered Institute of Arbitrators (East Asia Branch) and a member of the Employment Law Committee of The Law Society of Hong Kong. His publications include Butterworths Conveyancing and Property Law Handbook, Butterworths Contract Law Handbook, Hong Kong Court Forms (Title V, Companies (General)) and three volumes in Annotated Ordinances of Hong Kong.
Jenny Chung graduated from the University of Hong Kong (LL.B., 1990; P.C.LL, 1991) and later obtained her LL.M. from the University of Hong Kong. She has been admitted as a solicitor both in Hong Kong and also in England and Wales (non-practising). She has gained professional experience as a commercial lawyer in two leading city firms respectively and later as an in-house lawyer. She has now ceased practice and become a course developer for The Open University of Hong Kong.
| Deferment of studies | |
If you wish to defer your studies of this course until a later date, you should apply for deferment of studies. For the regulations governing deferment of studies, please refer to Section 14, 'Regulations for Admission, Registration and Maintenance of Status', in your Student Handbook. If you have applied for deferment of studies you should continue with your studies of this course and submit the required assignments until formal approval is given by the University. Should you have difficulties in submitting an assignment, you are advised to liaise with your Course Coordinator and apply for a TMA extension. Students who have been granted deferment of studies will not be allowed to submit TMAs due before the date that their application for deferment of studies is received by Registry.
| About the Lee Shau Kee School of Business and Administration | |
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