Where modules run over two terms as a 30 credit module, SIL students will attend and be assessed on the contents of term 1. Please note that some modules reflect this with an additional "A" in their module code, but this is not the case for all of them due to special assessment arrangements for SIL students.
All assessments are graded on a pass/fail basis.
|INTERNATIONAL TRADE LAW (LAWSG050)
Credit value: 30 credits (12 ECTS)
Dr Melis Özdel
Alessandro Spano (Tutorials)
|Intercollegiate teaching: No
|Teaching Method: 20 x two-hour seminars plus tutorials
|Who may enrol: LLM students, SIL students
|Barred module combinations: None
|Core module for specialism: International Banking and Finance Law, International Commercial Law, Maritime Law
|Practice Assessment: to be confirmed
|Assessment method for LLM students: three-hour unseen written examination
|Assessment method for SIL students: 3,000 word coursework essay
The selling and purchasing of goods across territorial borders is an ancient yet sophisticated commercial activity. International trade involves interlocking contracts, including letters of credit and contracts of sale, carriage and insurance, all of which concern the minds of traders whilst performing this activity for profit. In pursuit of certainty and predictability in their affairs, traders around the world typically refer to English law in their sale contracts as the governing law. This module offers a study of the rights and obligations of buyers and sellers under contracts for the international sale of goods, focusing particularly on the English Sale of Goods Act 1979.
The aims of the module, in essence, are:
- to ensure an in-depth understanding of the workings of international trade, the key aspects of English international trade law, and the relevant soft law instruments
- to develop students’ skills in deciding what works best for a buyer and seller under English law by reference to soft law instruments and standard form sale contracts
- to give students the ability to identify and resolve legal issues involving interlocking contracts
- to raise students’ awareness of the effects of market conditions on the conduct of buyers and sellers in international trade.
The module topics include:
- Introduction to the law of international trade: The workings of international trade, the key concepts, the regulatory framework and Incoterms 2010
- Passing of risk and property
- CIF and FOB sales
- Functions and significance of bills of lading and other shipping documents
- Multimodal transportation and multimodal transport documents
- Payment methods, letters of credit and UCP600
- Frustration and force majeure
- Remedies for breach of the sale contract
- The Vienna Convention on International Sale of Goods 1980
- The governing law and jurisdiction in the international sale of goods
NB: this module does not cover questions of trade between nation states (e.g. matters relating to the World Trade Organisation)
Lecture notes and tutorial sheets will be posted on Moodle (virtual learning environment) .
There is no single book covering the module syllabus in its entirety. However, it is vital that students regularly consult Debattista C., (2008) Bills of Lading in Export Trade (3rd edition) (Tottel Publishing) for a proper understanding of the key topics covered in this module.
It is recommended that you also consult the following practitioners’ books:
- Bridge M., (2010) Benjamin ’s Sale Goods (8th edition) (Sweet & Maxwell)
- Raymond J. et al. (2009) Documentary Credits (4th edition) (Tottel Publishing)
- Murray C. et al (2007) Schmitthoff's Export Trade and Practice of International Trade (11th edition) Sweet & Maxwell
- Lorenzon F. et al (2012) Sassoon: CIF and FOB Contracts (5th edition) (Sweet & Maxwell)
- Bridge M., (1999) International Sale of Goods (OUP)
- Goode R., (2010) Commercial Law (4th edition) (Penguin)
In the lecture notes, there will also be references to various other practitioners’ books and journal articles.
Debattista C., (2008) Bills of Lading in Export Trade (3rd edition) (Tottel Publishing), Chapter 1
Lorenzon F. et al (2012) Sassoon: CIF and FOB Contracts (5th edition) (Sweet & Maxwell), Chapter 1
Bridge M., (2010) Benjamin's Sale Goods (8th edition) (Sweet & Maxwell), Chapter 1
|Other information: N/A
|Prizes for this module: There are currently no prizes available for this module.