Course title

International Business Transactions

Responsible person
Itamochi Kengo、Alan K. KOH
to enter grades
Numbering Code

Day・Period, etc. Other(対面)

開講区分

単位数

2nd semester

1.0

Timetable Slot
Code3J395

Lesson topic
This version of International Business Transactions focuses on how lawyers can apply comparative law techniques toengineer cross-border transactions. This course will critically examine how diverse legal systems, legal rules, andbusiness cultures can shape a lawyer’s role in negotiating business transactions with foreign parties.

Lesson target
Through a combination of lectures, case studies, and practical exercises, students will develop the ability tocritically analyse and compare legal systems, and an awareness of how legal and cultural differences can shapebusiness transactions. By the end of this course, students should be able to draw on comparative law insights tonavigate international business transactions in their capacity as lawyers.

Syllabus and plan
There will be a total of eight sessions (with tentative timings (in JST) and dates in parentheses) covering thefollowing topics.
1. Introduction to Comparative Law (November 5 (Tue) 1040–1210)
a. Civil and common law legal systems
b. Introduction to comparative law methodologies
2. Introduction to Comparative Contract Law (November 5 (Tue) 1320–1450)
a. Civil and common law approaches to contract law
b. Understanding foreign law in contractual disputes
3. Comparative Law for International Business Transactions: Case Study 1 (November 6 (Wed) 1040–1210)
4. Law and Strategy (November 6 (Wed) 1320–1450, November 7 (Thurs) 1320–1450)
a. Law as a source of competitive advantage for firms
b. Legal astuteness
5. Law and Strategy for International Business Transactions: Case Study 2 (November 7 (Thurs) 1510–1640)
6. Lawyers and Comparative Law (November 8 (Fri) 0850–1020, 1320–1450)
a. Applying comparative law methodologies to legal practice: how do lawyers perform professional functions injurisdictions other than the one(s) they were trained in?
b. Lawyers in transnational legal practice
The topics and schedule may be slightly adjusted depending on the progress over the days.

Evaluation method
In-Class Assessment (Case Study 2): 20%
Written Paper: 80% (“Paper”)
A short in-class assessment will be carried out on November 7 for Case Study 2. Instructions on the assessment will
be given during the session on November 6 (1040–1210) when Case Study 1 is carried out. Students will be expected
to draft their answers for Case Study 2 during the November 7 session itself, and to present their answers in
English during the same session.
The Paper must be 2,000 to 5,000 words and written individually in English; however, Japanese or other language
text is permitted for introducing or explaining terms of local, legal, or technical relevance. Questions will bereleased before Session 1. Students must submit draft Papers to the instructor by 2359 JST 29 Nov (Fri). Students
should revise their Papers based on feedback (if any) received and submit the revised versions by 2359 JST 13 Dec(Fri). Grading will be mainly based on the final submitted version of the Paper, although the submitted draft may
be taken into consideration.
Students are encouraged to discuss their draft Papers amongst themselves, but plagiarism is prohibited. Students
should make reasonable best efforts to avoid discussing the same examples or topics in their Papers unless they canshow clearly different points of view or arguments.
Acceptable formats: .doc, .docx,.pdf (no Ichitarō / Google docs). Suggested (but not mandatory) formatting: Times
New Roman font size 12, single spacing, for main text (10 for footnotes) with at least 2.5cm margins on A4 size.
Papers (drafts or final versions) must be sent to the instructor by email, with the student’s name clearly
Evaluation baseline
With the method stated above, grades will be determined based on the extent to which students have achieved thecourse objectives.
Papers will be graded primarily on the quality of the example(s) selected; quality of the analysis; clarity ofexpression of ideas; organization (use of headings, etc); and quality of sources used and cited. Citations may bein OSCOLA, Bluebook, Chicago, McGill, AGLC, Harvard, or any other format familiar to the student, but should bereasonably consistent. Footnote-based citation is recommended, but in-text citations and/or endnotes are also
acceptable. Perfect English fluency is not required or expected.
The use of AI tools is permitted provided a separate document (which will not be included in the main paper’s word
count of 2,000–5,000 words) is provided explaining clearly and exhaustively: 1) the AI tool(s) used; 2) the inputs
used to prompt the AI tools); 3) the AI-generated outputs; and 4) how the paper as submitted by the student differsfrom the AI-generated outputs. Any errors or inaccuracies generated by AI tools uncorrected before submission arestrictly the responsibility of the student.
The Case Study (In-Class Assessment) will be graded on clarity of expression and quality of responses to questions.

Notice (include info. on related class)Prior learning in Comparative Law / Corporate Law/ Business courses or their equivalent may be an advantage but isnot required.

Review and preparation
exercises will also be distributed for use in class.
Notetaking on personal computing devices is permitted, but students with laptops with loud keyboards are requested
to type gently or use a separate, quieter keyboard.
While in-class participation will not be assessed for the purposes of determining your final grade, in-classparticipation is strongly encouraged. Students may be called by name at random to answer questions or share theiropinions.
The use of dictionaries (paper or electronic) or other tools are permitted in class, but the use of any tool torecord sound or images is prohibited.
Kobe University requires 45 hours of study from students to award one credit, including both in-class instructions
as well as study outside classes. Students are required to prepare for each class and complete the review after
each class, depending on the respective class goals.

Office hour・Contact information
Contact details will be announced during the course.

Message for student
Comparative law has a reputation as being theoretical and exotic. But since you have chosen to enrol in KIMAP, youmust (or are extremely likely to) encounter the foreign and engage in at least implicit comparison between the lawthat you already know and what you will be learning in the programme. This course is for you if you have everwondered, “what is the point of comparative or foreign law for the purposes of real life or work?” You areencouraged to bring with you your entire academic and professional working experience into the classroom as weexplore the question above together in the context of international business transactions. Your contributions basedon your experiences and opinions will be what makes this class a worthwhile experience for all of us.
While all students – undergraduates, graduates, exchange students – of any nationality or background are welcome,the language of instruction and assessment will be English, so all students who wish to attend this course must be
prepared to engage in advanced academic work in English.

Improvemenets in Teaching
N/AText
None; the prescribed readings in the syllabus and any additional material assigned in class will suffice.
Reference Material
Johannes Landbrecht, ‘Applied Comparative Law – Five Steps to Success’ (2020) 1 Ius Comparatum 130–163
https://aidc-iacl.org/journal/wp-content/uploads/sites/7/2020/11/IUS-COMPARATUM-VOL-1-6.-LANDBRECHT.pdf.
Mathias Siems, Comparative Law (3rd edition, Cambridge University Press 2022) ch 3 (pp 50–80)
Robert C Bird, ‘Law, Strategy and Competitive Advantage’ (2011) 44 Connecticut Law Review 61
https://opencommons.uconn.edu/cgi/viewcontent.cgi?article=1130&context=law_review
Constance E Bagley, ‘Winning Legally: The Value of Legal Astuteness’ (2008) 33(2) Academy of Management Review
378 https://www.jstor.org/stable/20159403 (paywalled; please access through the institution)

Classroom Language
EnglishKeywords
Comparative Law, Commercial Law, Business Law, Exchange student (Special auditing student)