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
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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
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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.
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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
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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
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Affix a recent photo for
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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 :
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