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International Trade Law

  • Module code: LL6144
  • Year: 2018/9
  • Level: 6
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

International trade is an elective which would be of interest to students wishing to be employed in the commercial field in both the UK and overseas. This module covers the international legal and institutional framework for regulating international trade. The module helps you to understand different aspects of international law and be able to apply them to business and management problems arising in a global economy. It examines the legal, economic, political and institutional underpinnings of the world trade regime, the core principles and legal rules governing international trade in goods, and services. One of the focus will be the World Trade Organization (WTO), which began to work in 1995 as a general umbrella organisation coordinating laws affecting trade, but is also having a much wider impact on the regulation of international business activities. It also examines the various contracts that are essential components of international trade transactions, such as international sales contracts, the contract of carriage and the insurance contract. In addition, legal issues arising from international trade and dispute settlement will be explored in the class.

Aims

  • To examine the different elements of international trade law
  • To provide a practical and conceptual framework to the disputes that may arise in international trade
  • To enable students to develop legal and business skills in researching, analysing and solving problems in international sales, carriage of goods, cargo insurance and trade finance

Learning outcomes

On successful completion of the module, students will be able to:

  • Demonstrate an understanding of the law relating to international trade
  • Critically evaluate the legal rules applicable to international trade
  • Apply the rules relating to international trade to the solution of problems

Curriculum content

  • An introduction to international trade law.
  • The Law of the World Trade Organisation (WTO). The regulation of international trade. Institutional setting and dispute settlement. Basic obligations under WTO law: Most-Favoured Nation and National Treatment. General Exceptions: Balancing Trade Liberation and other Values. Technical Barriers in International Trade. Unfair Trade: Anti-dumping and Subsidies Regulations. Relations between international trade law and international investment law. New Generation of Regional Trade Agreements: TPP and TTIP. Mooting in International Trade Law.
  • The methods of marketing and contracting in international trade. Unification of International Sales Law. Trade terms and performance of an export transaction including ICC Incoterms. FOB and CIF contracts. Bills of lading. Introduction to the financing of international sales - bills of exchange and documentary credits. Carriage of goods by sea. Jurisdiction and applicable law. Marine insurance. Dispute resolution including choice of law, choice of jurisdiction. Alternative dispute resolution mechanisms in international trade.

Teaching and learning strategy

The module will be delivered through a combination of lectures and workshops which will introduce topics and guide students' independent reading and study.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching Feedback/feedforward sessions and workshops 66
Guided independent study 234
Total (number of credits x 10) 300

Assessment strategy

The assessment will consist of two individual pieces of coursework (50% each).The assessment will require students to demonstrate an understanding of the legal issues involved, to carry out independent research into the law on international trade contracts, and to present and communicate their research findings effectively. The assessment allows students to demonstrate their knowledge, understanding and ability to apply the law, as well as their ability to research the law.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) Demonstrate an understanding of the law relating to international trade Summative: coursework
2) Critically evaluate the legal rules applicable to international trade Summative: coursework
3) Apply the rules relating to international trade to the solution of problems Summative: coursework

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
Coursework Coursework 50%
Coursework Coursework 50%
Total (to equal 100%) 100%

Achieving a pass

It IS not a requirement that the major assessment category is passed in order to achieve an overall pass for the module.

Bibliography core texts

I Carr, International Trade Law (Routledge)

Van Den Bossche & Zdouc, The Law and Policy of the Word Trade Organization: Text, Cases and Materials (3rd Edition, Cambridge University Press 2013)

Michael Trebilcock, Robert Howse & Antonia Eliason (Trebilcock & Howse), The Regulation of International Trade (4th Edition, Routledge 2013)

International Trade Statute Book

Bibliography recommended reading

R Bradgate, Commercial Law (Butterworths)

J Chuah, Law of International Trade (Sweet & Maxwell)

C Schmitthoff, ed L D'Arcy, C Murray and B Cleave, Schmitthoff's Export Trade: the Law and Practice of International Trade (Sweet & Maxwell)

P Todd, Cases and Materials in International Trade Law (Sweet & Maxwell)

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