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  1. The Master and the Postgraduate programmes share a curricular part, which takes place during one or two academic years, depending on the candidate’s choice, as explained below. In this part, participants take courses, write papers, and pass exams. The coursework comprises two major areas of study: Macau business law; and international and regional business law; these areas are not divided in a rigid manner, and the participants may choose courses from both.


  2. The Postgraduate programme lasts one academic year (full-time) or two academic years (part-time); the candidates may chose between taking all courses in one single year or taking the courses during two academic years. Candidates will have to pass six compulsory courses and four optional courses, as explained below. The candidates can choose their optional courses from any of the courses offered. The courses include classes, workshops and seminars, as well as the writing of papers and the passing of exams. A Postgraduate diploma in International Business Law is conferred to candidates who complete the required courses.


  3. The Master programme lasts two or three academic years. The first part of the programme is made of the curricular part, which lasts one academic year (full-time) or two academic years (part-time); the candidates may chose between taking all courses in one single year or taking the courses during two academic years. Candidates will have to pass six compulsory courses and four optional courses. The candidates can choose their optional courses from any of the courses offered. The courses include classes, workshops and seminars, as well as the writing of papers and the passing of exams. Candidates who successfully complete the curricular part are allowed to proceed to the the second part, in which candidates are required to write and defend an original thesis. A Master diploma in International Business Law is conferred to candidates who fulfill the requirements of the curricular part and, in addition, write and defend an original thesis.

 

Compulsory Disciplines

Introduction to Macau Law

This course covers the key features of the legal system of the Macau SAR, including its evolution, the sources of law, the constitutional framework of the Basic Law, the autonomy of the Macau SAR, the structural divisions of the legal system, and fundamental concepts of civil law and commercial law. A reference will be made to international law issues relevant for Macau, including the protection of fundamental rights.


Introduction to International Law

This course covers basic concepts of international law as a set of rules and principles governing the relations of States and also a growing area of relations between States and their nationals. The course will cover the sources of international law, the relationship between international and domestic law, and the role of international organizations and non-state actors in the international legal order.


Contract Law


This course covers the fundamental concepts and general rules of contract law, namely the formation, validity, performance, and remedies for the case of non-performance of obligations in general and contracts in particular. The course will also discuss the current regulation of standard contract terms and of some of the most important contracts found in practice, including sales agreements, the construction contract and the lease.


Company Law

This course discusses the regulation of companies in Macau, focusing on private companies and public companies. All major issues of company law are covered, including fundamental concepts (types of companies; limited liability; capital maintenance), the creation of companies, the capital, the shares, the organs of companies, the rights and obligations of shareholders, and the dissolution and liquidation of companies.


International and Inter-Regional Trade Law


This course addresses international trade agreements (mainly WTO/GATT). Three major areas will be explored: tariffs and non-tariff barriers to trade; domestic responses to import competition; and trade regulation and international economic relations. In addition, ASEAN and CEPA will be discussed, as well as Macau law on external trade.


Legal Issues of Transnational Contracts

This course covers a range of legal issues involved in conducting international business, surveying some of the many issues encountered in private international transactions and emphasizing the options available to businesses. This means recognizing and anticipating potential problems, and choosing the most appropriate form or structure for the business from among a range of equally viable or legally correct approaches, in order to manage the increased risk inherent in international transactions; it also includes matters of international private law, choice of law, and choice of forum.


Elective Disciplines (4 must be taken)


Banking Law

This is a specialized contract law course covering the regulation of a number of banking contracts, including: bank deposit, opening of safe deposit boxes, opening of bank credit and factoring. It will also discuss the loan contract and the regulation of special guarantees (mortgage, bond, pledge, floating charge, independent guarantee) as well as contractual arrangements that have a guarantee function (reservation of title, hire-purchase and financial leasing).


Intellectual Property Law

This course will discuss the characteristics of intellectual property (namely intangibility, exclusivity, territoriality, duration) and their consequences for trade. It will cover the main intellectual property rights: trademarks, geographical indications, patents, copyrights, and designs. The key international treaties, Macau law, and enforcement aspects, will be mentioned.


Insurance Law

This is a specialized contract law course covering the general regulation of the insurance contract and the specific regulation of casualty insurance against damage (including the specific rules on fire insurance, credit insurance, civil liability insurance) and insurance of persons (life; health; personal accidents). In connection with civil liability insurance, a detailed discussion of the requirements of civil liability will take place.


Hong Kong Contract Law

This course considers Hong Kong contract law. It discusses namely: general principles, formation, vitiating factors, exemption clauses, performance, discharge, breach, remedies, and the Sale of Goods Ordinance.


Chinese Contract Law

This course will discuss the basic principles of the PRC’s contract law, including: establishment of contracts; effectiveness of contracts; performance of contracts; modification and assignment of contracts; termination of the rights and obligations of contracts; liability for breach of contracts; various types of contracts in special. It will also discuss the principles of CEPA, trade in goods, trade in services and the facilitation of trade and investment.


Commercial Contracts

This is a specialized contract law course covering various legal mechanisms to distribute goods and services, including the ICC Incoterms, the contract of carriage of goods by sea and the various payment mechanisms in international trade. The regulation of international trade agreements by the UN Convention on the International Sale of Goods will be addressed, along with the contracts used for the marketing of goods. The course will cover also various financial instruments and agreements involving banks, namely the term loan, the negative pledge, syndicated lending, securitisation and derivatives.


Chinese Contract Law

This course will discuss the basic principles of the PRC’s contract law, including: establishment of contracts; effectiveness of contracts; performance of contracts; modification and assignment of contracts; termination of the rights and obligations of contracts; liability for breach of contracts; various types of contracts in special. It will also discuss the principles of CEPA, trade in goods, trade in services and the facilitation of trade and investment.


Tax Law

This course will cover the tax system of Macau, including income taxes, property and wealth taxes, sales taxes and acts and documents taxes. A reference will be made to Hong Kong tax law.


EU Trade Law

This course covers the law governing trade relations of the European Union with third countries. The following topics are covered: common commercial policy; relationship between WTO law and EU foreign trade law; fundamental freedoms and EU foreign trade law; common rules for exports; dual-use and control of arms trade; export of cultural goods; common rules for imports; safeguard measures; countervailing measures and antidumping; sanctions; trade barriers regulation.


Labor Law

This course will discuss the contract between employer and employee, including its concept and formation, the rights and duties of employee and employer, the salary, working conditions, and the extinction of the contract.


Introduction to US Business Law

This course will provide an overview of key aspects of the US legal system relevant for business transactions, including business organizations; it will then discuss the law of the State of New York applicable to financial contracts such as swaps.


Gaming Law

This course covers gaming related issues of contract law (nature and structure of gaming and betting contracts; concession of credit for gaming purposes), company law (especially various aspects of the regulation of public companies as they apply to gaming concessionaires), administrative law (gaming concessions and subconcessions, supervision of  concessionaires, and powers of government intervention), tax law (taxation of concessionaires), and criminal law (criminal offences related to gaming; the regulation against money laundering as it applies to gaming). The main focus is on casino games of chance, but some references are made to lotteries, pari-mutuels and sports betting.


Anti-Money Laundering Law

This course discusses international trends and legal initiatives, as well as the regulation in force in Macau, for the prevention and repression of money laundering and the financing of terrorism. The discussion covers the elements of these crimes and, in detail, the preventive measures required from financial institutions, the gaming sector and lawyers. It also covers the confiscation of proceeds of crime and the implementation of asset freezes issued by the United Nations Security Council.


Dispute Resolution

This course addresses mediation and arbitration as alternative means to resolve international commercial disputes, namely mediation and arbitration rules of leading international organizations including UNCITRAL, the International Chamber of Commerce, and the London Court of International Arbitration. It will also consider the role played by national courts at various stages of mediation or arbitration.


Elective Discipline

This course is to be chosen among the disciplines offered in other Master programmes in English of the Faculty of Law.


Related Legal Subject Course

The content of this course is to be decided in each academic year. It is envisaged that this course may cover areas such as e-commerce, internet law, property law and tourism law.

 

 

 

Last Modified on 20 May, 2011