INTERNATIONAL TRADE LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2017/2018
- Teacher
- MAGDALENA ELISABETH DE LEEUW
- Credits
- 6
- Didactic period
- Primo Semestre
- SSD
- IUS/04
Training objectives
- Main knowledge acquired: Traders who are involved in international transactions are confronted with two legal regimes. The first governs the commercial relationship between traders, whereas the second regards the regulatory relationship between state actors and traders. The objective of this course is predominantly to provide students with knowledge and understanding of the first legal regime, but attention shall also be paid to the second. Part I of the course will deal with cross-border private transactions, focusing on the international sales of goods, their transport, insurance and payment. It examines the relevant Conventions, laws, rules and principles that directly affect the conclusion and performance of these contracts. Part II of the course addresses the regulatory relationship between State actors and traders, and examines in particular the rules laid down in WTO agreements, with regard, inter alia, to tariffs and duties, licenses, subsidies and countervailing measures. After completion of this course students will understand the theories and practice of harmonisation of international trade law and understand the rules of the relevant international Conventions and other instruments of harmonisation of trade law.
Main ability acquired:
After completion of this course students will be able to apply a number of important international commercial Conventions to practical scenarios and find solutions to legal problems. Prerequisites
- There are no particular requirements to participate in this course. However, the course "Introduction to international and EU law" is highly recommended to those foreign students who lack any knowledge of international law.
Course programme
- The course is divided into two Parts. Part I concerning private transactions starts with an introduction explaining the harmonisation process of international commercial law, the sources of international commercial law, the problem of uniform interpretation of harmonising instruments and international commercial contracts and the applicable law.
Next will be examined the law of international sale of goods (CISG 1980), transport by sea (Hague-Visby rules) and road (CMR Convention), payment (UCP) and insurance (UK Marine Insurance Act). Attention shall furthermore be paid to the standard trade terms (INCOTERMS 2010); conflict of laws in international trade; arbitration and conciliation. Besides the most important international Conventions other instruments are discussed, like Unidroit Principles for international commercial contracts, various model laws and model contracts drafted by private associations and international organisations.
The public law part (Part II) deals with the GATT/WTO agreement and consists in an analysis of the rules of tariffs and duties, licenses, subsidies and countervailing measures and anti-dumping. Didactic methods
- Besides traditional lectures in which the basics of the selected topics will be explained (28 hours), the course will provide for seminars (12 hours). Seminars have as their objective to deepen the student’s knowledge in particular areas of international trade law as well as to develop further their analytical skills by reading case law and solving (invented) case studies. There is also time for class discussion, which will enhance the student’s oral skills.
Learning assessment procedures
- The course is concluded with a written examination. The examination aims to verify the student’s acquired knowledge and understanding of the selected topics of international trade law, and to evaluate the student’s capacity to solve legal problems in this area of law. Past examinations were a combination of knowledge questions and solving an invented legal case.
Reference texts
- The prescribed material will be the same for students who follow the lectures and those who don't. Material will be selected from various sources, among which key manuals in the field of International Trade Law, journal articles, expert reports and papers.
Manuals that are used for compiling the prescribed literature:
- Carr, I., International Trade Law, 4th ed, Cavendish-Routledge, London, 2014:
- Chuah, J., Law of International Trade, 4th ed, Sweet & Maxwell, 2009.
The slides of the course shall be made available to the students, as well as other additional material (e.g. case law). On request the lecturer shall provide suggestions for further reading.
