030249 KU Transnational Commercial Law (2015S)

2.00 ECTS (1.00 SWS), SPL 3 - Rechtswissenschaften

Continuous assessment of course work

Moodle

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Registration is open from Mo 16.02.2015 00:01 to Mo 02.03.2015 23:59
Deregistration possible until Mo 02.03.2015 23:59

Details

max. 30 participants

Language: English

Lecturers

Jose Angelo Estrella Faria

Classes (iCal) - next class is marked with N

    
    Monday
    23.03.
    14:00 - 17:00
    Seminarraum SEM44 Schottenbastei 10-16, Juridicum 4.OG
    
    Monday
    13.04.
    14:00 - 17:00
    Seminarraum SEM44 Schottenbastei 10-16, Juridicum 4.OG
    
    Monday
    18.05.
    14:00 - 17:00
    Seminarraum SEM44 Schottenbastei 10-16, Juridicum 4.OG
    
    Monday
    08.06.
    14:00 - 17:00
    Seminarraum SEM44 Schottenbastei 10-16, Juridicum 4.OG
    
    Monday
    15.06.
    14:00 - 17:00
    Seminarraum SEM44 Schottenbastei 10-16, Juridicum 4.OG

Information

Aims, contents and method of the course

This course focuses on the fundamentals of transactional commercial law, its main areas of application, and the process of commercial law harmonisation: choice of harmonisation instrument and their respective advantages and disadvantages; harmonisation through specific binding instruments (CISG, Cape Town and New York Conventions); harmonisation through contract and institutional rules; harmonisation through model laws; the future development of transnational commercial law.
The course offers and overview of both the general framework, policies and problems of transnational commercial law, as well as of the main international commercial law conventions, standard terms and uniform rules, so that the student gains a perception of the way transnational law comes into being and can be used by international legal practitioners to bridge the gap between different legal systems. The course will then introduce the main instruments of transnational law in three areas of international transactions (international contracts; transportation and international payments) and highlight the differences between the legal framework for international and domestic transactions.
Structure and schedule of topics:

-Introduction to transnational commercial law; notion and role of lex mercatoria; methods, process and tools of legal harmonisation (Monday, 23/3)
-International commercial contracts: conflicts of laws; main issues from a comparative law perspective; sources of international contract law (CISG, UNIDROIT Principles) (Monday, 13/4)
-Overview of the law of the international carriage of goods by sea, as compared to carriage by road and sea (Monday, 18/5)
-International rules and usages for bills of lading and letters of credit (Monday, 8/6)

Assessment and permitted materials

Assessment will be on the basis of an essay or a test - tbs (70%) and performance in the class (30%).

Minimum requirements and assessment criteria

The purpose of this course is to:

- offer students an overview of the main challenges faced by lawyers in international legal practice and familiarize them with the notion of transnational commercial law

- help students assess the main challenges in international commercial law practice and explain the connection between transnational commercial law and the rules on conflict of laws

- enable students to understand how the various transnational commercial law instruments relate to one another, and gain an insight into the way these instruments are developed, what are their driving forces and how are they used in practice

- provide students with basic knowledge necessary about the main sources of law governing international transactions

Examination topics

Lectures and case studies

Reading list

Additional recommended reading

ICC Uniform Customs and Practices for Documentary Credits (UCP 600)

ICC Uniform Rules for Demand Guarantees (URDG)

Jürgen Basedow, Lex Mercatoria and the Private International Law of Contracts in Economic Perspective, Uniform Law Review, 2007-4, 697-715

Jan Dalhuisen, The Operation of the International Commercial and Financial Legal Order, Europe-an Business Law Review , vol. 19, 2008, 985-1049.

José Angelo Estrella Faria, Relationship between Formulating Agencies in International Legal Harmonization: Competition, Cooperation or Peaceful Coexistence? A Few Remarks on the Experience of UNCITRAL, Loyola Law Review, vol. 51 (Summer 2005), 253-285

José Angelo Estrella Faria. “Uniform Law for International Transport at UNCITRAL: New Times, New Players, and New Rules”, Texas Journal of International Law; vol. 44 (Spring 2009), No. 3, pp. 277-319;

Roy M. Goode, Usage and its reception in transnational commercial law, International & Comparative Law Quarterly, Vol. 46, 1997, 1-36

Ole Lando, The Lex Mercatoria in International Commercial Arbitration, International & Comparative Law Quarterly, Vol. 34, 1985, 747-768

Ralf Michaels, The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, 14:2, 2007, 447-468

Murray/Holloway/Timson-Hunt, Schmitthoff’s The Law and Practice of International Trade, 12th ed., London: Sweet & Maxwell, 2012

Association in the course directory

Last modified: Th 31.03.2022 00:15