Module Identifier LAM3420  
Module Title REGULATION OF INTERNATIONAL TRADE  
Academic Year 2004/2005  
Co-ordinator Professor Ryszard W Piotrowicz  
Semester Semester 2  
Assessment
Assessment TypeAssessment Length/DetailsProportion
Semester Assessment written assignments 1 X 6,000 words or 2 X 3,000 words [40% each)  80%
Semester Assessment oral presentation  20%
Supplementary Assessment resubmit course work  100%
Professional Exemptions Not Required for Professional Purposes  

Learning outcomes

On successful completion of this module students should be able to:
The purpose of the course is to enable you to acquire an understanding of the legal foundations of the world trading system - that is, the legal regime for the conduct of States in international trade, plus the system 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.

Aims

The law of International Trade plays a fundamental role in facilitating international commerce. In the era of globalisation its
significance is only increasing. The aim of the course is to address the fundamental institutions and legal methods of world trade.

Content

Outline
1. The idea behind world trade
The objectives of the world trading system.
A history of the world trading system, the WTO and GATT.
The economic context: the theory of comparative advantage and competing ideas.

2. Substantive Foundations
The most favoured nation principle and exceptions
National treatment
Tariffs and tariff concessions
Non-tariff barriers, quantitative restrictions, technical barriers to trade

3. Regional Trade Agreements and Customs Unions

4. Antidumping Law

5. Countervailing Duty Law

6. Safeguards and Escape Mechanisms

7. Intellectual Property and GATS

8. Dispute Settlement

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

10. 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
http://cisgw3.law.pace.edu/
http://www.jura.uni-freiburg.de/ipr1/cisg/default.htm

11. 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

12. 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

13. Financing of international trade
International legal framework
Documentary credits
Bills of exchange
Electronic commerce
14. Conflict of laws
Jurisdiction at common law
Jurisdiction: Brussels and Lugano Conventions
Basic terms in conflict of laws
Bills of exchange

Notes

This module is at CQFW Level 7