INTERNATIONAL TRADE LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2018/2019
- Teacher
- MAGDALENA ELISABETH DE LEEUW
- Credits
- 8
- Curriculum
- Small and medium enterprises(SMEs) in international markets
- 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 first and main part of the course will deal with cross-border private transactions, focusing on the international sales of goods and on the various relations that arise as a result of a sale contract. Topics include among others the UN Convention on the International Sales of Goods 1980 and the UNIDROIT Principles of International Commercial Contracts; INCOTERMS 2010 (standard trade terms); International transportation of cargo by sea and road, including the Hague-Visby Rules and Rotterdam Rules and the Convention on the International Carriage of Goods by Road (‘CMR’). Insurance of goods during their transit from the exporting to the importing country is an important aspect of an international sales transaction. The focus of the discussion is on marine insurance contracts, since most of the cargo is still done by sea. Attention shall furthermore be paid to dispute resolution, the applicable law, arbitration and mediation. The second part of the course will address the regulatory relationship between State actors and traders, analysing in particular the rules laid down in WTO agreements, with regard, inter alia, to tariffs and duties, subsidies and countervailing measures. At the end of the course students will have a clear overview of the complexities of an international sale transaction through the analysis of international conventions and rules, legislation and case law.
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.
There is one obligatory textbook:
- Carr, I., International Trade Law, 4th ed, Cavendish-Routledge, London, 2014.
The slides of the course shall be made available to the students on the course website, as well as other additional material (e.g. case law). On request the lecturer shall provide suggestions for further reading.
