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KINT 4325 - Business Law and Practice in China: Applied Sinology

Type d'enseignement : Seminar

Semester : Spring 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

Interest in Chinese affairs, law and business; understanding of core legal, economic and financial concepts (having taken one undergraduate course in each subject is recommended) ; Chinese language is not a prerequisite.

Course Description

All future decision-makers will be confronted to China on a daily basis throughout their career. While few of them will need to develop an expertise in Chinese law, all need to understand how the Chinese legal system — and its practical functioning, particularly when applied to economic activities — affect the world (and how the world affects them). Are intellectual property rights protected under Chinese law and if so, why are IP infringements so prevalent? Is China's labour law as "employer-friendly" as typically described in the West? What does the "internationalization of the yuan" really mean in practice, for importers/exporters and foreign investors? How are legal issues approached and addressed in negotiations with Chinese business partners? How to get financing in China, and is it the same for a company to list in Hong Kong or in Shanghai? Should one rely on normal business instincts when dealing in or with China, or is there a "Chinese exception" in all business matters? etc. This course is based on a practice-to-theory approach: the lecturers derive their views and analysis of the Chinese legal and economic system from their practical experience working in China, on Chinarelated projects, and/or with Chinese clients. Rejecting the idea of an "incomprehensible" China, they ambition to provide the student with a hitchhiker's guide to the Chinese galaxy, covering all key areas of economic and business law and practice.

Teachers

  • LUNEL, Arnaud L. (Responsable du département de la stratégie financière et patrimoine)
  • ROUGIER-BRIERRE, Guillaume M. (Associé, Avocat à la Cour)

Pedagogical format

12 weekly lectures of 2 hours, each including (i) a presentation of the session's topic by the lecturer(s), typically including (ii) a press review, (iii) real-life case studies (iv) open discussions and debates, and (v) one or two short presentation(s) by a group of students. Additionally, practitioners working in or with China (senior banker, China correspondent of leading French newspaper, China economist at major energy company etc.) may be invited to share their views and practical experience with the class.

Course validation

Grades will be based on: - Quality of contributions to class discussions : 30% of total grade; - Short group presentation (2/3 students per group): the presentation will be assessed both on its form (clarity, organization of ideas and examples, concision etc.) and on its substance (research based on and beyond suggested readings, illustrative precedents, etc.) : 30% of total grade; - Individual student's project, to be completed in the second half of the semester (topic and format to be proposed by the student and defined with the lecturers) : 40% of total grade.

Workload

Before each class, selected readings (usually 10-20 pages required), and preparation of class discussions (questions, comments, etc.) based on the readings; - Once in the semester, preparing and presenting a group presentation (less than 10 minutes). The presentation may, at the group's option, be supported by a short PPT handout (5-10 slides); - Drafting of a concise mid-term student's project (3 to 5,000 words).

Required reading

General and session-specific reading suggestions (books, papers and articles, legal documents, websites, etc.) will be included in the course's ENTG folder