ELE 3803 International Trade and Transport
ELE 3803 International Trade and Transport
The course focuses on the risks that may arise in international commercial sales and how the sale contract and associated contracts, particularly the contract of carriage of goods by sea, manage these risks. It provides a legal framework for international commercial sales covering key principles, rules, and practices, and how they interrelate. The course addresses legal issues throughout the value chain, from negotiating an international sales contract to delivering goods to the buyer.
The course is divided into three parts. All parts address risk distribution under international contracts of sale and carriage of goods by sea, as well as the complexities of unregulated multimodal contracts. Most of the rules discussed in the course originate from international conventions. The legal perspective is nevertheless Norwegian law. How international conventions are implemented in national Norwegian law and how they impact national law will accordingly be discussed.
- Part I introduces the challenges of trading across different legal systems and cultures and the role of the legal persons involved in the process, including the seller and the buyer, the shipper and the carrier, and contractual representatives such as freight forwarders and commercial agents. It also briefly introduces the students to questions related to jurisdiction, choice of law, and arbitration in international commercial sales and carriage of goods. Part I furthermore examines the sales contracts essential for international agreements, focusing on passing risk and risk distribution according to the CISG (Convention on Contracts for the International Sale of Goods) and various INCOTERMS, as well as clauses designed to protect parties against breaches of contract and changed circumstances (e.g., hardship)
- Part II explores rules and practices related to the Contract of Carriage by Sea and associated agreements, such as cargo insurance. The part focuses on the Carrier’s transport liability under the Contract of Carriage by Sea, and how this is governed by mandatory rules in the Nordic Maritime Code, which implements international conventions such as the Hague-Visby Rules and the Hamburg Rules (the Nordic Compromise). The part also addresses the Carrire’s liability related to misinformation in the transport documents (The Bill of Lading and the Sea Waybill), it also addresses the problems which arise when a Bill of Lading is issued under a Charter Party (Tramp Bill of Lading). The section furthermore covers payment modalities (such as documentary credits).
- Part III introduces the current regulatory discussions related to the international carriage of goods, initiated by the European Union (EU), and the United Nations Commission on International Trade Law (UNCITRAL). UNCITRAL’s pending Convention on International Carriage of Goods wholly or partly by Sea (the Rotterdam Rules) intends to fill a regulatory gap, whereas EU’s initiatives emphasize the need for multimodal transport by shifting road traffic to sustainable transport modes (rail, inland waterways, and short sea shipping) to increase the competitiveness of multimodal transport, and hence to achieve emission reduction targets. Part three includes the geopolitical risks including sanctions, and how private law responds to sanctions.
Upon the completion of this course, the students will be able to demonstrate knowledge and understanding of the topics central to international sales and Carriage of Goods by Sea. In particular, the students will have:
- Knowledge and understanding of the trade patterns to and from Norway and the different modes of transport in use.
- Knowledge and understanding of contract clauses relevant to jurisdiction, choice of law, and arbitration related to international contracts of sale and carriage of goods by sea.
- Knowledge and understanding of the contracts involved, who the parties to the sales and carriage contracts are, their responsibilities, and potential liabilities under the contracts.
- Knowledge and understanding of the risks and responsibilities under a letter of credit and how this relates to the risks and responsibilities under the contract of carriage.
- Knowledge and understanding of how the parties can protect themselves from these risks by hardship clauses, and insurance, particularly cargo insurance.
- Knowledge and understanding of the legal problems related to multimodal contracts
- Knowledge and understanding of the commercial and political context in which the rules evolve.
- Knowledge and understanding of rules and regulations relevant to international sanctions.
Upon the completion of this course, the students will be able to:
- Identify, analyze, and solve common legal problems related to international sale and carriage of goods by sea;
- Identify and apply the relevant sources of law independently and critically;
- Identify the limitations of existing law and the need to distinguish law and policy issues;
- Interpret standard contracts and riders;
- Communicate in English, both orally and in writing, in a clear and precise manner;
- Stay up to date on legal developments relevant to international sales and carriage of goods by sea.
Upon completing the course, students will be able to demonstrate a solid understanding of international sales, payment methods, liability, and risk distribution in transport and insurance. They will also gain insight into the role of intermediaries in international transactions and how liability is allocated among the various legal entities involved and understand the impact of geopolitical risks and sanctions.
- The primary objective of this course is to provide an in-depth analysis of the private law rules relevant to the international sale and carriage of goods, including selected provisions of the Vienna Convention on the international sale of goods (CISG) 1980, related instruments like INCOTERMS and their influence on Norwegian and Nordic law. The course will also cover rules on documentary credit and various aspects of international transportation of goods by sea and other modes of transport, with a focus on carrier liability, cargo insurance, and overall liability distribution. The students will be given an overview of the in- and outbound freight transport volumes for various cargo types, along with a review of the mode selection decision aspects (including sustainability issues) related to characteristics and requirements of the shipper’s supply chain.
- Key conventions related to the carriage of goods by sea, such as the Hague-Visby Rules, the Hamburg Rules and their implementation in Nordic and Norwegian Law, as well as the proposed Rotterdam Rules, will be examined. Special attention will be given to addressing the legal gaps in multimodal transport. Additionally, the course will explore various rules and standard contracts related to intermediaries, highlighting the liability of different parties in international commercial shipping transactions. The course introduces the International as well as the European discussion on a legal framework for multimodal carriage and its connections to the European Green Deal and connected programs.
- Business ethics and environmental issues will be integrated into the course.
This course is delivered through 45 hours, in the form of:
- lectures,
- seminars in class (individual and group work), and
- home-take assignments and consultations
- field trips.
All teaching is optional. Students will receive 20-22 lecture hours and 8-10 seminar hours and work on practical cases throughout the course. While the primary instructors are from BI, external experts are invited to introduce students to various specialized areas. The course also includes a visit to a law firm and/or legal departments of maritime companies, such as marine insurers and shipowners.
.
Higher Education Entrance Qualification
Disclaimer
Deviations in teaching and exams may occur if external conditions or unforeseen events call for this.
To be able to take this course, students are required to have passed law courses equivalent to at least 30 ECTS, which must include legal method, contract law, and tort law, or have comparable work experience, preferably in handling relevant contracts.
Students are encouraged, but not required, to combine this course with ELE 3806 International Maritime Law.
Assessments |
---|
Exam category: School Exam Form of assessment: Written School Exam - digital Exam/hand-in semester: First Semester Weight: 100 Grouping: Individual Support materials:
Duration: 4 Hour(s) Comment: The exam will be a practical case Exam code: ELE 38031 Grading scale: ECTS Resit: Examination when next scheduled course |
Activity | Duration | Comment |
---|---|---|
Teaching | 24 Hour(s) | |
Seminar groups | 9 Hour(s) | Seminars in class. Groups of 20 - 30 students. 3 sessions á 3 hours |
Company visit and/or Study trip | 3 Hour(s) | |
Prepare for teaching | 159 Hour(s) | |
Examination | 4 Hour(s) |
A course of 1 ECTS credit corresponds to a workload of 26-30 hours. Therefore a course of 7,5 ECTS credit corresponds to a workload of at least 200 hours.