Curriculum Guide · Courses
Law and Foreign Investment in China
Professor Lucille Barale
LL.M Course 852 (cross-listed) | 2 credit hours
The course will examine the major Chinese laws that apply to foreign invested projects in China and related cross-border transactions. We will begin with an overview of China's policy priorities for foreign investment and the foreign investment approval process, focusing on the sources of law and regulation relevant when planning entry into the China Market. We will then consider the options for structuring a foreign investment in light of the Sino-foreign Equity joint Venture Law, the Cooperative Joint Venture Law, the Law of Wholly Foreign-owned Enterprises, and the amended Company Law. We will also study the requirements for foreign acquisitions of existing Chinese enterprises under China's M & A rules. The preparation of the project application report or feasibility study is also a key part of the foreign investment approval process, involving a number of important laws and regulations. We will study how China's environmental laws, rules and regulations on foreign exchange, financing and security, land use laws and labor laws must also be considered when forming a venture in China. Foreign investment projects in China typically involve cross-border arrangements that are crucial to the foreign investor's goals, especially technology licensing and trademark licensing. In this context, we will study the PRC contract law, and the challenges encountered in the protection of intellectual property. Finally, we will look at the issues involved in exiting an investment in China, whether by disposal or termination, and dispute resolution. We will work primarily with English translations of PRC law, with some secondary sources. No knowledge of Chinese language is required.
Recommended: Students should have prior or concurrent coursework in International Business Law. Examples of such courses would include: International Law II, International Business Transactions, Global Commerce and Litigation, etc.