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CCDD008 International Commercial Law

  • Run: Optional
  • Rating: 45 credits
  • Assessment:
    End of topic assignments x 6 (10% each)
    Final take home exam (40%)
  • Module convenor: TBC

Module aims:

This module aims to familiarise the course participants with various aspects of International Trade Law. The topic of Trade is a very large and very diverse one, so it is not possible to cover all aspects in a course such as this. The areas we will focus on will allow insight into the negotiation of a sales contract, the conflicts laws surrounding it, and its regulation and financing mechanisms on a global scale as well as in English Law. While the focus on international regulation and harmonisation is strong, the inclusion of the laws of England, which is often the commercial law of choice, will serve to provide a comparative backdrop for the analysis of the uniform laws and regulations, as well as the opportunity to investigate some singular aspects.

Module outline:

  • International Trade: Concepts and Negotiation
  • Conflicts of Laws and Contract Clauses
  • Regulating Sales I: International Uniform Law
  • Regulating Sales II: UK SGA and Documentary Sales (CIF and FOB)
  • Carriage of Goods by Sea
  • Financing Mechanisms

Learning outcomes:

By the end of the module you should:

  1. Understand an International Sales Transaction and its elements
  2. Grasp basic conflicts of law in International Sales
  3. Understand the rules governing sales and documentary sales under UK law
  4. Understand the theories and practice of harmonisation of international trade law
  5. Understand the rules of the CISG and be familiar with other instruments of harmonisation of trade law
  6. Grasp the basics of carriage of goods by sea and the COGSA and Hague Visby rules, and the importance of the bill of lading
  7. Understand the financing of international trade, the documentary letter of credit and bills of exchange, and be familiar with the UCP 500 as well as the eUCP
  8. Understand two aspects of dematerialisation of trade: electronic commerce and electronic bills of lading

This course will not deal with the issues of export licenses or vat/taxation of goods in sales, nor will it cover the subject of insurance.

Preliminary reading

  • C. Murray, D. Holloway and D. Timson-Hunt: Schmitthoff’s Export Trade; The Law and Practice of International Trade, Sweet & Maxwell, 11th edition, 2007
  • Fletcher, Mistelis & Cremona (eds.) “Foundations and Perspectives of International Trade Law”, Sweet & Maxwell 2001
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