Law and Ethics

Company statistics
Product Babymilk powder
Employees 200
Intellectual Property Treatment of milk powder, logo, annual report, consumer database
Annual turnover € 2.000.000
Company form Unknown
Market B to B (manufacturer to retailers)
Waste 2.000.000 litres of toxic water per year

Your task
Consider setting up this company in two different countries (Vietnam and Thailand)First, compare the relevant law systems on the following legal subjects: company law, liability law, contract law and intellectual property law. Second, discuss the ethical implications of the company in both countries in the field of ‘Planet’ and ethical approaches.
Learning Outcomes
Learning outcomes specifically:
– The student is able to conduct a basic comparative analysis of differentinternational private legal concepts.
– The student is able to discuss all the above in proper legal English.
– The student is able to recognize, analyze and reflect on ethical dilemma’s in an international business context.
Lay out
Section 1: introduction
-Introduce the countries you chose and motivate the choice.
E.G. you are familiar with/interested in/not familiar with the country

Section 2: methods
-Introduce your approach in comparative law applied to the countries you chose: how do you use a functional approach in your legal systems?

Section 3: macro comparison
-To what legal families do the countries belong, and what are their main characteristics?

Section 4: micro comparison: company law
-What company forms are possible in your countries?
-What are the main similarities and differences between the countries?
-Per country, which one would be the most suitable to apply in case of this company?

Section 5: micro comparison: liability law
-In general, what does the law on strict liability and fault based liability look like in your countries?
-What are the main similarities and differences between the countries?
-Per country, what are the main challenges regarding liability law in case of this company?

Section 6: micro comparison: contract law
-In general, what does contract law look like in your countries?
-What are the main similarities and differences between the countries?
-Per country, what are the main challenges regarding liability law in case of this company?

Section 7: micro comparison: intellectual property law
-In general, what does the law on intellectual property look like in your countries/ which forms are regulated?
-What are the main similarities and differences between the countries?
-Per country, how do you protect your intellectual property?

Section 8: ethics, planet
-Advise on an implementation strategy to contribute to a circular economy in which you:
-Discuss the waste pyramid and set a target for future improvement
-Discuss the principles of a circular economy and how your company might
contribute to that.

Section 9: ethics, philosophy
-If you would be the manager of this company, what management style would you apply considering different approaches in ethics (consequentialism, deontology and virtue based ethics)? Give five practical examples of your leadership that can be traced back to one of those approaches.
E.g. a manager that acts with integrity is a valued based approach. Integrity for me means the following: ……….. I would like to apply it this way: ………….

Section 10: concluding remarks
– Write a fact sheet in which you structurally summarize your findings of the previous chapters.

Grading criteria:
Section 1-2 3-4 5-6 7-8 9-10
1 The student does not discuss the issue on an acceptable level The student does barely motivate the counties choice. The student is able to motivate the countries choice on a superficial level The student properly motivates the countries choice The student shows an extraordinary insight in the choice of countries and is able substantiate this choice in clear academic wordings.
2 The student does not discuss the issue on an acceptable level The student has a limited insight the functional method and hardly uses this in creating a research design. The student understands the functional method and is able to use this method superficially in creating a research design. The student has a broad insight in the functional method and is able to use this method properly in creating a research design. The student has an excellent insight in the functional method and is able to use this method academically in creating a research design.
3 The student does not discuss the issue on an acceptable level The student has a limited insight in macro-comparison and hardly applies theories on legal families. The student has a superficial insight in macro-comparison and applies theories on legal families. The student has a proper insight in macro-comparison and broadly applies theories on legal families. The student has an excellent insight in macro-comparison and academically applies theories on legal families.
4 The student does not discuss the issue on an acceptable level The student has a limited insight in the functioning of company law and hardly applies the law functionally. The student has a superficial insight in the functioning of company law and applies the law functionally. The student has a proper insight in the functioning of company law and broadly applies the law functionally. The student has an excellent insight in the functioning of company law and academically applies the law functionally.
5 The student does not discuss the issue on an acceptable level The student has a limited insight in the functioning of liability law and hardly applies the law functionally. The student has a superficial insight in the functioning of liability law and applies the law functionally. The student has a proper insight in the functioning of liability law and broadly applies the law functionally. The student has an excellent insight in the functioning of liability law and academically applies the law functionally.
6 The student does not discuss the issue on an acceptable level The student has a limited insight in the functioning of contract law and hardly applies the law functionally. The student has a superficial insight in the functioning of contract law and applies the law functionally. The student has a proper insight in the functioning of contract law and broadly applies the law functionally. The student has an excellent insight in the functioning of contract law and academically applies the law functionally.
7 The student does not discuss the issue on an acceptable level The student has a limited insight in the functioning of IP law and hardly applies the law functionally. The student has a superficial insight in the functioning of IP law and applies the law functionally. The student has a proper insight in the functioning of IP law and broadly applies the law functionally. The student has an excellent insight in the functioning of IP law and academically applies the law functionally.
8 The student does not discuss the issue on an acceptable level The student has a limited insight in the functioning of the Waste Pyramid and a circular economy, and barely applies the concept. The student has a superficial insight in the functioning of the Waste Pyramid and a circular economy, and applies the concept. The student has a proper insight in the functioning of the Waste Pyramid and a circular economy, and applies the concept broadly. The student has an excellent insight in the functioning of the Waste Pyramid and a circular economy, and applies the concept academically.
9 The student does not discuss the issue on an acceptable level The student has a limited insight in approaches on ethics, and barely applies these approaches. The student has a superficial insight in approaches on ethics, and applies these approaches. The student has a proper insight in approaches on ethics, and broadly applies these approaches. The student has an excellent insight in approaches on ethics, and academically applies these approaches.
10 The student does not discuss the issue on an acceptable level The student is barely able to summarize and conclude this work properly The student is able to summarize and conclude this work properly The student is able to summarize and conclude this work properly and communicate findings on a clear and punctual way The student is barely able to summarize and conclude this work academically.

Explanation:
-Acceptable level means in proper English, handed in representatively, and with a content that is to be expected on a first year HBO level.
-Limited insight means that the student is able to reproduce theories fragment wise.
-Superficial insight means that the student is able to reproduce theories adequately, although not in depth: it is doubtful however whether the student comprehends the coherency of the theory and its added value.
-Proper insight means that the student is able to reproduce theories in depth, and fully comprehends the meaning and added value of these theories.
-Academically means that the student is able to reproduce theories, fully comprehends the meaning and added value of these theories, and is able to communicate this in an academic style with proper academic references.
-Summarize and conclude means that the student is able to communicate her/his findings coherently.
-To motivate means that the student is able to communicate and comment on a choice, with a proper and reasonable substantiation.
-Functionally means that the student is able to compare the legal topics using a functional method.