EXC 2121 International Commercial Law
The course provides students with an overview of the legal framework applicable to international commercial transactions. The students will learn about legal methodology, legal sources governing transnational contracting practices, and the impact of national law on international commercial agreements. Further to this, students will get an overview of the central rules and frameworks governing corporate social responsibility.
The course introduces students to general contract law and what makes a contracting binding - and to which extent it is binding. They will learn to interpret and understand the legal challenges for contract negotiations and the conclusion and execution of contracts.
Multiple sources of transnational law will be introduced in the course, giving students an understanding of how, among other things, established business practice can rise to the level of a binding legal rule.
Standard contracts used for international sales will be explored in depth, focusing in particular on the United Nations Convention for International Sale of Goods. Further to this, alternative methods for dispute resolution, in particular arbitration, will be discussed in the course as an important venue for resolving international commercial disputes.
Given that the EU law requires nearly all listed companies to disclose information on their risks and opportunities arising from social and environmental issues, and on the impacts of their activities on people and the environment, students will be introduced to the legal regime governing corporate social responsibility, and will be given further opportunity to international aspects of the CSR obligations.
On completion of this course, students shall:
- Develop an in-depth understanding of legal methodology and hierarchy of legal sources.
- Understand what a contract is and what makes it binding.
- Be able to identify sources of law and regulations applicable to international business transaction, such as national laws, international conventions, trade terms and commercial practices.
- Understand the importance of determining jurisdiction and applicable law in international contracts.
- Have an overview of the primary sources of transnational law governing the international sale of goods.
- Be able to understand the common frameworks governing alternative dispute resolution methods.
- Be able to identify the relevant legal frameworks governing the questions of corporate social responsibility
- Understand the implications of the divergences in the corporate social responsibility frameworks when entering into cross-border transactions
- Understand the third-party effects of their commercial transactions, and ensure transparency and lawfulness of their operations
The students will be able to:
- Apply the foundational understanding of legal methodology to properly identify and apply legal sources to particular situations.
- Give advice on entering into contracts, being able to assess their effects in practice
- Provide advice on common issues surrounding international sale of goods
- Identify opportunities for resolving business disputes out of courts.
- Provide advice on societal impact and responsible business conduct in a transnational setting.
- Provide advice on public responsibility and business transparency, under international and private frameworks.
The students will learn how to evaluate the legal effects of the international commercial agreements. In particular, they will gain an understanding of how those agreements are still affected by national laws, and how differences in those laws may cause uncertanty for cross-border transactions. They will obtain an in-depth knowledge of the main rules governing the international sale of goods, and will be able to ascertain the effects of those rules on particular sale transactions. They will be able to broadly assess compliance with the relevant rules on cororate social responsibility, ensuring that investors and other stakeholders have access to the information they need to assess the impacts of their business practices. This way, the students will be able to create a culture of transparency and responsible business conduct.
- Legal sources and methodology
- Negotiating and drafting international commercial contracts, with a particular focus on standardised contractual terms
- Impact of governing law on international commercial transactions, and the effects of the differences in national laws
- Sale of goods under the United Nations Convention on the International Sale of Goods (CISG)
- Responsible business conduct under the EU law and international frameworks
- Integrating social, environmental, ethical, consumer, and human rights concerns into their business strategy and operations
The course will be conducted through a combination of lectures, casework, group work and assignments.
The course places a heavy emphasis on practical legal case work. Students are expected to participate in class exercises, and will be given multiple case studies to practice on their own. Other types of problem-solving activities will also be included in the course, in the form of quiz questions and mock trial practices.
Deviations in teaching and exams may occur if external conditions or unforeseen events call for this.
|Exam category||Weight||Invigilation||Duration||Support materials||Grouping||Comment exam|
Form of assessment:
Examination every semester
|Form of assessment:||Written submission|
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|Resit:||Examination every semester|
Feedback activities and counselling
Group work / Assignments
Prepare for teaching
Student's own work with learning resources
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.