Module Information
Module Identifier
LAM1210
Module Title
PRIVATE INTERNATIONAL LAW IN INTERNATIONAL BUSINESS TRANSACTIONS
Academic Year
2011/2012
Co-ordinator
Semester
Available all semesters
Course Delivery
Assessment
| Assessment Type | Assessment length / details | Proportion |
|---|---|---|
| Semester Assessment | One Assignment of 5000 words | 100% |
| Supplementary Assessment | One Assignment 0f 5000 words | 100% |
Learning Outcomes
On successful completion of this module students should be able to:
1. Demonstrate a detailed knowledge and critical understanding of the principal private international law issues and how they relate to international business.
2. Critically analyse the relationship between the three areas of private international law.
3. Show an awareness of, and excellent ability to discuss, the similarities and differences in the approaches to private international law questions by different legal systems.
4. Critically examine and resolve private international law problems arising in international business using existing rules, policy arguments, pragmatic considerations, and comparative foreign materials.
5. Access the relevant literature and materials in this field and use them to engage in a critical discussion of the subject.
Brief description
This module will be an important component of the LLM in International Business Law as it examines the rules of private international law which govern transnational business transactions. Unlike the existing modules of the degree scheme, this module does not cover the substantive law applicable to such transactions, but the more foundational questions as where that substantive law may be found and who chooses the relevant rules and resolves the disputes. Such knowledge is essential for effectively conducting international business transactions.
This module examines transnational business transactions, i.e. all business transactions with a foreign element, and the rules that govern these transactions. As the focus of the module is on the civil law aspects of the transactions, the relevant rules are those of private international law, or conflict of laws. In particular, the module examines under what circumstances a court may assume jurisdiction in relation to a dispute, which substantive law it may apply to the dispute and when courts are prepared to enforce foreign judgments and arbitration awards. In respect of all three matters, this module also considers how international business transactions may proactively be structured to reflect the relevant legal provisions.
This module examines transnational business transactions, i.e. all business transactions with a foreign element, and the rules that govern these transactions. As the focus of the module is on the civil law aspects of the transactions, the relevant rules are those of private international law, or conflict of laws. In particular, the module examines under what circumstances a court may assume jurisdiction in relation to a dispute, which substantive law it may apply to the dispute and when courts are prepared to enforce foreign judgments and arbitration awards. In respect of all three matters, this module also considers how international business transactions may proactively be structured to reflect the relevant legal provisions.
Content
This module will be an important component of the LLM in International Business Law as it examines the rules of private international law which govern transnational business transactions. Unlike the existing modules of the degree scheme, this module does not cover the substantive law applicable to such transactions, but the more foundational questions as where that substantive law may be found and who chooses the relevant rules and resolves the disputes. Such knowledge is essential for effectively conducting international business transactions.
This module examines transnational business transactions, i.e. all business transactions with a foreign element, and the rules that govern these transactions. As the focus of the module is on the civil law aspects of the transactions, the relevant rules are those of private international law, or conflict of laws. In particular, the module examines under what circumstances a court may assume jurisdiction in relation to a dispute, which substantive law it may apply to the dispute and when courts are prepared to enforce foreign judgments and arbitration awards. In respect of all three matters, this module also considers how international business transactions may proactively be structured to reflect the relevant legal provisions.
This module examines transnational business transactions, i.e. all business transactions with a foreign element, and the rules that govern these transactions. As the focus of the module is on the civil law aspects of the transactions, the relevant rules are those of private international law, or conflict of laws. In particular, the module examines under what circumstances a court may assume jurisdiction in relation to a dispute, which substantive law it may apply to the dispute and when courts are prepared to enforce foreign judgments and arbitration awards. In respect of all three matters, this module also considers how international business transactions may proactively be structured to reflect the relevant legal provisions.
Module Skills
| Skills Type | Skills details |
|---|---|
| Application of Number | N/A |
| Communication | Written communication is developed by the presentation of information and argument in written answers and in a more informal way by the use of Blackboard to encourage communication among students and between students and staff. Oral communication skills are developed at the residential study schools. Written communication only assessed. |
| Improving own Learning and Performance | Distance learning, by its very nature, requires strong individual learning and performance structures and this module further develops key skills in this area. |
| Information Technology | The module is delivered almost entirely by distance learning which relies heavily on the use of electronic information resources and on-line learning and teaching. This will help students develop their information technology skills. |
| Personal Development and Career planning | Independent learning enhances time management skills. Studying the module will also develop an enhanced capacity for critical thought and the ability to work independently. |
| Problem solving | By the examination and discussion of questions raised in the module. |
| Research skills | Students will be required to read and study beyond the set module texts and to locate further materials and research findings on the subject. |
| Subject Specific Skills | None |
| Team work | Team working skills will be developed in group activities and discussions at the residential study schools. |
Notes
This module is at CQFW Level 7