Module Identifier LAM0620  
Module Title THE LAW OF INTERNATIONAL TRADE  
Academic Year 2001/2002  
Co-ordinator Professor Ryszard Piotrowicz  
Semester Semester 1  
Course delivery Seminar   one seminar weekly of 90 minutes-two hours From the synopsis and the suggested reading provided you will be able to prepare for each class in advance and it is expected that you will come to the classes ready to participate in discussion. There will be plenty of time for questions or raising matters which are troubling you.  
Assessment Seminar presentation     20%  
  Essay   Students may choose one of the following: 1. 2 x 2500-3000 word essays. 2. 1 x 5000-6000 word essay.   80%  

Aims of the module


The law of International Trade plays a fundamental role in facilitating international commerce. In the era of globalisation its
significance is only increasing. There are two aspects of international trade: first, the international trading system, dealing with
GATT, the WTO and the basic rules governing the behaviour of States in international commerce; second - and this is what
this course is about - the law relating to the behaviour of commercial entities when actually trading internationally. In other
words, the course deals with the rules relating to international contracts, the regulation of the various modes of transport, and
the settlement of disputes involving traders in two or more countries.

Objectives


The purpose of the course is to enable you to acquire an understanding of the legal foundations underpinning a deal for the
international sale of goods: how to decide which law is applicable, how to assess the rights and duties of each party, how the
goods are to be transported and paid for, what to do when there is a problem.

Syllabus


This is an outline synopsis. More detailed notes will be made available to you during the course.


1. Introduction


   Public and private systems distinguished
   Rationale for international business
   Difficulties in doing international business
   Differences in legal systems
   International institutions and international business


2. International sale of goods: the contract of sale


   Sale of Goods Act 1979
   International harmonisation: Vienna Convention on Contracts for the International Sale of Goods


3. Construction of international sales contracts


   ICC
   Incoterms 1990
   CIF contracts
   FOB contracts
   Charterparties
   Bills of lading - characteristics and classification
   Electronic date interchange
   CMI rules on electronic bills of lading


4. International carriage of goods


   Carriage by land
   Carriage by air
   Carriage by sea - methods of performance - rights of suit - Carriage of Goods by Sea Act 1971 and the Hague-Visby
   Rules - Hamburg Rules - Carriage of Goods by Sea Act 1992
   Multimodal transport


5. Financing of international trade


   International legal framework
   Documentary credits
   Bills of exchange


6. Dispute settlement


   Negotiation and mediation
   Litigation
   Arbitration: Arbitration Act 1996


7. Conflict of laws


   Jurisdiction at common law
   Jurisdiction: Brussels and Lugano Conventions
   Basic terms in conflict of laws
   Bills of exchange

Reading Lists

Books
P. Sellman,. Law of International Trade. Old Bailey Press, 1997
R. Goode. Commercial Law. 2nd. Penguin, 1995, chapters 32-37
Honold,. Uniform Law for International Sales.
Wilson,. Carriage of Goods by Sea.
Schmithoff,. International Export Trade.
Sassoon,. CIF and FOB Sales.

Web Page/Sites
http://www.law.ecel.uwa.edu.au/intlaw/international_trade_law.htm
http://www.austlii.edu.au/
http://www.lawunimelb.edu.au/pjones/bookmarks