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transnational business law 1 parte
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- Transnational Business Law (TBL) Fundamentals: Defines TBL as rules governing international commercial transactions, distinguishing it from public international law. Covers international sources like conventions, regional harmonisation, customary law, and Incoterms.
- Contract Law Essentials: Details key elements for enforceable contracts including offer, acceptance, intention to create legal relations, capacity, consideration, and writing. Discusses consequences of poorly drafted contracts, offer termination, and the objective test for acceptance.
- Governing Law & Jurisdiction: Explores the freedom of parties to choose governing law (e.g., EU Rome I Regulation) and jurisdiction (e.g., EU Brussels Regulations). Addresses complexities when no law is chosen, forum shopping, concurrent litigation, and enforcement of foreign judgments.
- International Sale of Goods (CISG) & Incoterms: Introduces the CISG (Vienna Convention) as a successful commercial law treaty, outlining its scope (formation, rights, risk passing, remedies) and exclusions. Explains Incoterms as standardized trade terms for transport and delivery, clarifying responsibilities and risk transfer in international sales.
- Intellectual Property Rights (IPR): Covers various IP categories including patents, trademarks, design rights, and copyright. Discusses their creation, registration, and economic exploitation through licensing and assignment, alongside issues like infringement and counterfeiting.
- Outsourcing & Commercial Contracts: Examines different types of commercial agreements (supply, licensing, distribution, agency, franchising, outsourcing) and their critical contractual provisions (liability, warranties, termination). Provides insights into the strategic reasons for outsourcing and associated risks.
- Privacy & Data Protection: Delves into the legal framework of data protection, focusing on GDPR. Explains key terms like personal data, data controller, processor, and consent. Highlights principles of transparency, legitimate purpose, and proportionality, as well as cross-border data transfer rules and penalties.
- Cybercrime & Digital Security: Defines cybercrime, categorizes its types (financial, non-financial), and outlines threats to individuals, businesses, and governments. Discusses legal and technical responses, emphasizing the transnational nature of cyber threats and the need for international cooperation.
- IT Contracts & Digital Economy Trends: Explores IT contracts covering software, hardware, and services, and their role in business. Addresses the "Cloud" phenomenon, its benefits and risks, particularly concerning data privacy and security. Identifies emerging trends like the Internet of Things (IoT) and Big Data, along with their implications for privacy and regulation.
- Dispute Resolution Mechanisms: Presents various methods for resolving disputes in international commercial contracts, including negotiation, mediation, arbitration (UNCITRAL Model Law, New York Convention), and litigation, comparing their advantages and disadvantages.
- Case Studies & Practical Applications: Throughout the document, several case studies (e.g., Chester & Julie, Eva & Maria, Snell & Tollgard, Gucci vs. Guess, Apple Corps, NSA v Snowden, Google "Right to Be Forgotten", FBI v Apple, Facebook-Cambridge Analytica, Sony Pictures) illustrate complex legal challenges and their real-world solutions in transnational business contexts.