Master and Postgraduate M g ra International Business Law Master and Postgraduate Program International Businesss Law 2006 6/2007 6 /2007 www.umac.mo/fll/ibl University of Macau Faculty of Law Welcome Message The Faculty of Law of the University of Macau is pleased to announce a new graduate program in International Business Law, which is open to lawyers and to non-lawyers as well. In a small and open economy such as Macau, and in the age of economic globalization, it is fundamental to be aware of international legal and regulatory standards in force both in Macau and in other regions, including the Mainland of China, Hong Kong, the European Union, the US, and other foreign countries. Macau, which has been for centuries a place of business and trade, is now starting another period of economic expansion. Doing business within Macau or with companies from abroad requires investors, legal advisors, and corporate officers to have knowledge of the Macau and international legal and regulatory systems. This International Business Law programme is designed to provide participants with the necessary background, in English, which is the language of international business. We have developed a faculty of expert scholars and teachers from the University of Macau and other universities plus eminent practitioners. The faculty will introduce you to fundamental concepts involved in doing international business from Macau. We encourage you to apply! Welcome Message sa International Business Law Manuel Trigo, Dean of the Faculty of Law 2 Overview This new Master and Postgraduate program in International Business Law is open to lawyers and to non-lawyers as well. It offers a great opportunity for persons involved in business (whether in banking, insurance, trade, real estate, gaming or other sectors) to study the Macau and international law applicable to business transactions. Candidates holding a law degree can apply for the Master or for the Postgraduate programs, while non-lawyers may apply for the Postgraduate program. The curricular part of both programs is shared, and it can be taken in one year (full-time) or in two years (part-time). It is made of six compulsory courses and four elective courses. It includes elective courses covering both international law, regional law and Macau law. This flexible structure enables candidates to tailor the program to meet their specific needs and interests. Candidates to the Master program are also required to write and defend an original thesis. The academic orientation emphasises practical issues and is designed to meet the needs of entrepreneurs and companies and their staff. 3 International Business Law Course structure p y Compulsory Courses Introduction to Macau Law Contract Law Company Law Introduction to International Law International Trade Law Legal Issues of Transnational Contracts Optional Courses p (4 must be taken) Banking Law Insurance Law Commercial Contracts Tax Law Labor Law Gaming Law Anti-Money Laundering Law Dispute Resolution Intellectual Property Law Hong Kong Contract Law Chinese Contract Law EU Trade Law Introduction to US Business Law Elective Discipline Related Legal Subject Course The Master and the Postgraduate programs share a 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. In the curricular part, participants take ten courses, which include classes, workshops and seminars, as well as the writing of papers and the passing of exams. Candidates must pass six compulsory courses and four optional courses. The courses cover various topics, namely Macau business law, international and regional business law. The participants may choose any courses offered, according to their preferences and interests. Thesis and supervision Master candidates are required to write and defend an original thesis. Candidates must submit a thesis project towards the end of the first year. The thesis shall be supervised or co-supervised by a Professor of the Law Faculty. The thesis is defended in a public discussion before a jury. 4 Admission requirements Applicants to the Postgraduate program must hold a law degree or a degree in other disciplines. Applicants to the Master program must hold a law degree. Those who have relevant professional experience and hold a non-law degree exceptionally may be admitted to the Master program. Proof of English proficiency may be required (e.g., TOEFL score or other recognized English language knowledge test). Personal interview of applicants may be required. General admission requirements for other Postgraduate programs at the Faculty of Law apply. Relevant admission regulations of the University apply. Duration of Studies The Postgraduate program 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. The Master program lasts two academic years (full-time) or three academic years (part-time); the candidates may chose between taking all courses of the curricular part in one single year or taking the courses during two academic years. Fees The fees payable are set by the University of Macau. Please refer to: http://www.umac.mo/admin/reg/pros_stud_fees_charges.html 5 International Business Law Course descriptions There are six compulsory courses. Participants are also required to take at least four optional courses. Compulsory Courses Introduction to Macau Law. This course covers the key features of the legal system of the Macau SAR, including its sources of law, the Basic Law, 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. Contract Law. This is a course covering 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. A workshop on negotiation skills will be organized in the framework of this course. Company Law. This course discusses the regulation of companies in Macau, focusing on private companies and public companies. All major issues of company law will be 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. 6 Course descriptions Compulsory Courses 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. 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 7 private law, choice of law, and choice of forum. International Business Law Course descriptions Optional Courses 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). 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 and civil liability insurance) and insurance of persons (life, health and personal accidents). In connection with civil liability insurance, a detailed discussion of the requirements of civil liability will take place. Commercial Contracts. This is a specialized contract law course covering various legal mechanisms to distribute goods and services: the contracts of commercial agency, commercial concession, and franchising. 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. 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. 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). Anti-Money Laundering Law. This is a course discussing international trends and initiatives, as well as the regulation in force in Macau, for the prevention and repression of money laundering and the financing of terrorism through the financial system. The discussion will cover criminal law issues and, in detail, the preventive measures required from financial institutions. 8 Course descriptions Optional Courses 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. 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. 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. 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. 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. Elective Discipline. This course is to be chosen among the disciplines offered in other Master programs in English of the Faculty of Law. 9 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. International Business Law The Faculty of Law The Faculty of Law of University of Macau is the oldest law school in Macau. The Faculty offers Bachelor, Postgraduate and Master of Law Programs in Chinese Language, as well as Bachelor, Postgraduate and Master of Law Programs in Portuguese Language, and the Master and Postgraduate of Law Programs in European Union Law, International Law and Comparative Law in English Language. The Faculty of Law can also offer Doctoral Programs in Law. The International Library The International Library of the University of Macau contains a sizeable legal collection, which is constantly expanding, as the University allocates generous funds for this purpose. A local area network provides access to many online legal databases. The collection is fully catalogued online. Available resources extend far beyond the library’s own holdings. Law students enjoy unlimited access to Lexis/Nexis. The Documentation Center includes documents from international organizations, namely the United Nations, the European Union, and the OECD. The Library is open everyday including weekends. 10 How to apply for admission Prepare your application in accordance with the checklist below. Fill the form 'Application for Admission to Master's Degree and Postgraduate Certificate Programmes.' Fill the form 'Course Enrollment' , choosing four elective courses All applicants must submit: application form course enrollment form application fee (cash, check or bank draft) officially certified copies of educational certificates and examination results (with explanatory notes on the grading system) TOEFL report score (if required) Send your application package to the following address: Registry University of Macau Av. Padre Tom Tomáss Pereira, S.J. Taipa Macau, China For more information, please visit: http://www.umac.mo/admin/reg/pros_stud_fees_charges.html 11 請貼上近照 UNIVERSIDADE DE MACAU UNIVERSITY OF MACAU Fotografia Recente Affix a Recent Photograph 碩士學位及學位後證書課程入學申請表格 Boletim de Inscrição nos Cursos de Mestrado e Certificado de Pós-graduação Application Form for Admission to Master’s Degree and Postgraduate Certificate Programmes 學年 / Ano Académico/ Academic Year: 2006/2007 請以大楷字母填寫 / PREENCHA EM LETRAS MAIÚSCULAS / PLEASE COMPLETE IN CAPITAL LETTERS 選讀課程(請參閱招生簡章) / ESCOLHA DE CURSO(S)(É favor referir-se aos Regulamentos de Admissão) / CHOICE OF PROGRAMMES (Please refer to Admission Regulations): 第一志願/Primeira Escolha/First Choice 第二志願/Segunda Escolha/Second Choice A. A.1 申請人資料 / DADOS PESSOAIS / PARTICULARS OF APPLICANT: 姓名 / Nome Completo / Name In Full: (以大楷字母填寫/Letras Maiúsculas/In Capital Letters) A.2 中文姓名(如適用)/Nome Chinês (se tiver) Name in Chinese (if applicable): _____________________________ A.3 A.4 住址 / Morada / Home Address: A.5 通訊地址 / Endereço Postal / Correspondence Address: A.6 聯絡電話 / Telefone N.o / Tel. No.: _______________________________________________________ (住宅Home) (辦公室Office)(流動電話Mobile) A.7 電子郵箱(如適用)/ E-mail (se tiver) / E-mail (if applicable).: _________________________________________________________________________ A.8 出生日期 / Data de Nascimento / Date of Birth: A.9 d d / mm / y y y y A.10 身份證/護照號碼/B.I.R./Passaporte N.o / I. D. Card/Passport No.: 性別 / Sexo Sex: F –女 / Feminino / Female M –男 / Masculino/ Male 出生地點 / Local de Nascimento / Place of Birth: A.11 簽發地點 / Local de Emissão / Place of Issue: A.12 國籍 / Nacionalidade / Nationality: A.13 永久居留地/Residência Permanente/Country of Permanent Residence: A.14 父親姓名 / Nome do Pai / Father’s Name: (以大楷字母填寫/Letras Maiúsculas/In Capital Letters) 中文(如適用)/ A.15 母親姓名 / Nome da Mãe / Mother’s Name: (以大楷字母填寫/Letras Maiúsculas/In Capital Letters) 中文(如適用)/ 本 校 專 Chinês (se tiver)/ Chinese (if applicable): Chinês (se tiver)/ Chinese (if applicable): 用 / SOMENTE PARA USO OFICIAL / FOR OFFICE USE ONLY 出納組 / Núcleo de Tesouraria / Treasury 教務處 / Sector de Registos Académicos / Registry 報名費$_____________________ 申請編號: 日期:______________________ _______________________________ 簽署及蓋印 舊學生編號:_____________________________________________________ 如報讀以英語為授課語言的課程,申請者必須以英語填寫以下欄目。/ Se se candidatar a um Curso que a lingua veicular é língua inglesa, os seguintes dados devem ser preenchidos em inglês. / If applying for admission to programmes taught in English, the columns below must be completed in English. B. 學歷 / HABILITAÇÕES LITERÁRIAS / ACADEMIC QUALIFICATIONS B.1 請依日期先後填寫曾讀之中學、預科、大專及大學等。 / Escolas Secundárias e outras instituições de ensino (médio/superior) frequentadas por ordem cronológica / List below secondary schools, post secondary schools, colleges and universities attended in chronological order. 入學 / Entrada / Entering 就讀學校名稱及國家 Nome e País das Instituições de Ensino que Frequentou Name and Country of Schools/Institutions Attended 日期 Data Date 班級 Classe/Nível Form/Level 離校 / Saída / Leaving 日期 Data Date 班級 Classe/Nível Form/Level 全日或兼讀 授課語言 Tempo Inteiro ou Língua Veicular de Tempo Parcial Ensino Full Time or Part Time Medium of Instruction B.2 畢業證書及其他公開試成績表之認可副本(連同該項公開試評核制度之註釋)應與本表格一併遞交。請列明所提交副本: Cópias autenticadas de certificados escolares e resultados de exames (com explicação sobre o método de avaliacão) devem acompanhar este requerimento. Indique as cópias em anexo: Officially certified copies of educational certificates and examination results (with explanatory notes on the grading system) should be attached to this application form. Please list the copies submitted below: _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 以上提及之學歷文件副本,於報名表遞交時必須出示文件正本以供本處核對確認。 Os originais dos certificados de habilitações acima referidos devem ser apresentados quando for solicitado. Original documents of the qualification mentioned above are to be presented for copy certification when submitting this application form. C. 工作經驗(請依日期先後填寫) / Indique em baixo e por ordem cronológica a sua presente e anterior experiênica laboral. / List below in chronological order your work experience. 由(月/年) Desde (Mês/Ano) From (Month/Year) 至(月/年) Até (Mês/Ano) To (Month/Year) 職位 Categoria Post 所屬機構及地址 Nome e Endereço da Entidade Patronal Name and Address of Organization C.1 台端是否澳門大學員工?/Você é funcionário da Universidade de Macau?/ Are you a staff member of the University of Macau? 澳門大學員工編號 / O número de cartão de funcionário da UM /Staff no. of UM 是/Sim/Yes 否/Não/No ────────────────── C.2 台端是否本澳在職教師?/Você é docente de Macau?/Are you a full time teaching staff in Macao? 是/Sim/Yes 否/Não/No 教育暨青年局發出之教師證編號 / O número de cartão de professor emitido pela Direcção dos Serviços de Educação e Juventude de Macau / No. of teacher’s I.D. card issued by Macao Education & Youth Department ────────────────── D. 推薦人資料(請填上兩位填寫推薦表人士的資料。兩位推薦人必須能評價申請人的學術表現及修讀所申請課程的能力。) Referências (É favor preenher duas pessoas na tabela seguinte. Estas duas pessoas devem poder avaliar as suas actuações académicas e capacidades, em especial com referencia à área de estudos indicados.) Recommenders (Please fill in the names of two individuals who wrote the recommendation forms. These two recommenders must be able to judge on the applicant’s academic performance and the ability to undertake the proposed line of study.) 推薦人姓名 Nome da Referência Name of Recommender 職業/職位 Ocupação/Categoria Occupation /Position 服務機構名稱、地址及電話 Nome da Instituição Empregadora, Endereço e Telefone Name of Employing Organization, Address & Telephone Number E. 注意事項 / NOTA / NOTE 1. 本大學有權撤銷開辦任何課程。 A Universidade reserva o seu direito de anular qualquer curso. The University reserves the right to withdraw any course. 2. 報名費將不予退還。如大學撤銷開辦課程,報名費將予退還。 A Taxa de Inscrição não é reembolsável excepto no caso do curso ser cancelado pela Universidade. The application fee is non-refundable. The University reserves the right to cancel any programme, in which case the fees paid will be refunded. 3. 所有連同本表格遞交之文件,本校不予退還。 Todos os documentos submetidos a este Boletim de Inscrição não serão devolvidos aos requerentes. All documents submitted together with this application form will not be returned to the applicant. F. 聲明 / DECLARAÇÃO / DECLARATION y 為履行二月四日第11/91/M號法令第二十五條之規定,本人得悉在澳門大學註冊為學生期間,不得同時在本澳其它高等 教育課程註冊及選科,其中包括澳門大學所開辦的課程。如有此等事件發生,本人必須向有關教育機構如實申報,而澳 門大學亦有權終止本人學籍。 Para efeitos do disposto no artigo 25.o do Decreto-Lei N.o 11/91/M, de 4 de Fevereiro, é do meu conhecimento que sendo estudante da Universidade de Macau, não posso, ao mesmo tempo, inscrever-me/matricular-me em qualquer curso de ensino superior de Macau, incluindo outros cursos da Universidade de Macau. No caso de o tal acontecer, eu deverei informar as respectivas instituições, e a Universidade de Macau tem o direito de anular a minha inscrição. For the purposes established in article 25 the Decree No. 11/91/M, of February 4, I acknowledge that I cannot concurrently register/enrol in any other higher education programme(s) in Macao, including the programme(s) offered by the University of Macau, when I am registered as a University of Macau student. If such case happens, I must report the fact to the educational institutions concerned, and the University of Macau has the right to suspend my studies. y 本人聲明以上填報資料全部屬實,如有填報不實資料,貴校有權取消本人之申請或就讀資格。 DECLARO que as informações prestadas neste impresso são VERDADEIRAS e que é do meu conhecimento que a Universidade de Macau reserva o seu direito de anular a minha inscrição e estudos a qualquer altura, se estas forem posteriormente conhecidas como erróneas ou falsas. I DECLARE that the information given in this application form is TRUE and that I am aware that University of Macau reserves the right to terminate my application or study at any time if any information given in this application form is found later to be untrue, false or incorrect. 申請人簽署 Assinatura do Requerente Signature of Applicant: _______________________________________ 日期 / Data /Date: _______________________________________ Prepared by Registry, 27/12/2005 請貼上近照 以印製學生證之用 Fotografia para fazer o cartão de estudante Affix a recent photo for making student card UNIVERSIDADE DE MACAU UNIVERSITY OF MACAU Master and Postgraduate Program in INTERNATIONAL BUSINESS LAW Course Enrollment Form Name: Student Number: Contact Number (Mobile): Type of Program: Email: Master Postgraduate *Remarks Compulsory Courses Code Course Description (MMIB / PLIB) Introduction to Macau Law 001 / 001 Introduction to International Law 002 / 002 Contract Law 003 / 003 Company Law 004 / 004 International Trade Law 005 / 005 Legal Issues of Transnational Contracts 006 / 006 Courses Enrolled X Please Sign for the Courses Enrolled X X X X X Elective Courses (Choose Four) Code Course Description (MMIB / PLIB) 101 / 101 Banking Law 102 / 102 Insurance Law Commercial Contracts 103 / 103 Tax Law 104 / 104 105 / 105 Labor Law 106 / 106 Gaming Law Anti-Money Laundering Law 107 / 107 Dispute Resolution 108 / 108 Intellectual Property Law 109 / 109 Hong Kong Contract Law 110 / 110 Chinese Contract Law / 111 111 EU Trade Law 112 / 112 Introduction to US Business Law 113 / 113 114 / 114 Elective Discipline 115 / 115 Related Legal Subject Course Courses Enrolled Please Sign for the Courses Enrolled ** For those who have not settled the tuition fee or have not registered yet, please be noted that enrollment cannot be performed. Please Return to the General office of FLL (S512) for enrollment For any enquires, please feel free to contact Faculty of Law (Ext: 397 4795) Received by (FLL) : Date :