International Commercial Law
Course code
AKJ6309.YK
old course code
Course title in Estonian
Rahvusvaheline äriõigus
Course title in English
International Commercial Law
ECTS credits
4.0
approximate amount of contact lessons
28
Teaching semester
spring
Assessment form
Examination
lecturer of 2019/2020  Autumn semester
õppejõud on määramata
lecturer of 2019/2020  Spring semester
lecturer not assigned
Course aims
The objectives of this course are to discuss the legal norms that govern international commercial law, specifically United Nations Convention on Contracts for the International Sale of Goods. Further, in order to understand the concept and evolution of international commercial law and its potential application in practical situations, it is necessary to analyze the interaction between the various sources of law governing international contracts including international conventions, national laws, INCO terms, letters of credit, bills of exchange, international standard rules and model contracts as well as general principles of law which also have become the subject of codification.
Brief description of the course
This course examines the nature of international commercial law, the sources of international sales law, and conventional norms of international business and sales law. This course will also define the role of private corporations and individuals as subjects of international sales law. This course will cover all aspects of the formation of international commercial agreements, their performance or non-performance, rescission for mistake and damages. This course will specifically examine in detail the United Nations Convention on the International Sale of Goods (CISG), the UNIDROIT-Principles, INCOTERMS, and various conventions on the international carriage of goods. The ICC rules on letters of credit and the UNCITRAL Model Law on International Commercial Arbitration will be discussed in detail.
Independent work
Compulsory reading assignments including case briefs, legislation and scholarly articles to be read before lectures and seminars, as assigned by the lecturer and detailed in the course program. Other tasks may include case analysis, written seminar papers, presentations, independent or group work as detailed in the course program.
Learning outcomes in the course
After a successful completion of the course, a student will:
¤ Understand and explain the fundamental norms of international business law;
¤ Understand enforcement mechanisms;
¤ Understand and explain international commercial agreements and remedies for non-performance;
¤ Understand and apply legal rules to relevant hypothetical cases, specifically by using the CISG;
¤ Understand letters of credit, INCOTERMS, and terminology specific to international sales of goods and the legal relationship between the CISG and state (domestic) law;
¤ Be able to determine whether international, European or state (domestic) legal rules will be applicable in international commercial contractual disputes.
Assessment methods
Written exam.
Other methods as detailed by the lecturer in the course program, including individual or group problem solving exercises, case presentations/analysis, a term or scholarly paper, and attendance and participation in seminar discussions.
Teacher
Phillip Graves
Study literature
August R., Mayer D., Bixby M. International Business Law: Text, Cases, and Readings, 5th edition. Upper Saddle River, New Jersey (USA), Pearson Prentice Hall, 2009.
United Nations Convention on Contracts for the International Sale of Goods (1980).