Taught In English

There is no language prerequisite for courses at this language level.

Law of International Trade
Language of instruction: English . Open to all.

Contents
For many years, the conflict rules have been the only method to regulate international private relations, including commercial ones. That has caused high degrees of insatisfaction amongst international operators and has caused the birth of the Law of International Trade.
The Law of International Trade constitutes a reaction against the traditional method in the regulation of international commercial relations, in other words, a reaction against the traditional conflict rules.
The aim of this course is to explain the contents and main features of the Law of International Trade which constitutes a specialized uniform transnational commercial law, i.e., a method of regulating international commercial relations in the same way all over the world. Thus, the International Law of Trade is a branch of law aiming for potential universal applicability.

Topics
Introduction.
1. The insufficiency of conflict rules for the regulation of commercial international relations.
2. The rebirth of the Lex Mercatoria and the Law of International Trade (New Law Merchant).
3. Private International Law (conflict rules) and the Law of International Trade
PART ONE
CONTENTS AND SOURCES OF THE LAW OF INTERNATIONAL TRADE
1. Contents and characteristics of the Law of International Trade.
2. Sources of the Law of International Trade.
3. General principles of law applicable to commercial international relations.
PART TWO
THE INTERNATIONAL SALE OF GOODS: THE VIENNA CONVENTION (CISG, 1980) AND OTHER INTERNATIONAL REGULATIONS
4. General.
5. Contents and applicability of CISG.
6. Interpretation and integration of the Convention.
7. Formation of the contract
8. Perfection of contract
9. Exclusion of precontractual responsibility.
10. Questions related to the contract
11. Obligations of the parties
12. Passing of risk
13. Breach and cancellation of the contract
14. Breach and maintenance of the contract
15. Breach of the contract and financial consequences.
16. Other international texts related to the international sale of goods
PART THREE
LONG TERM CONTRACTS.
17. Construction and collaboration contracts.
PART FOUR
FINANCE OF EXPORTS
18. Bills of exchange
19. Payment orders and collection arrangements.
20. Letters of credit
21. Factoring, forfaiting, financial leasing and other forms of merchant finance
PART FIVE
GUARANTEES IN INTERNATIONAL TRADE
22. Suretyships (accesory guarantees).
23. Independent or abstract guarantees (first demand guarantees or bank-guarantees)
PART SIX
TRANSPORTATION OF EXPORTS
24. Carriage of goods by sea
25. Carriage of goods by air
26. Carriage of goods by land
PART SEVEN
SETTLEMENT OF DIFFERENCES IN COMMERCIAL INTERNATIONAL RELATIONS
27.Conciliation of differences.
28.International commercial arbitration.

Methodology
Lectures and practical exercises.

Assessment
Written exam or optative oral exam which will include short conceptual questions and questions needing essay-type answers. There may also be practical exercises.

Bibliography
D’ARCY, MURRAY, CLEAVE “SCHMITHOFF’S Export Trade: the Law and Practice of International Trade”, London, Sweet & Maxwell, 2000, Tenth Edition
CRACKNELL & SELLMAN “Law of International Trade”, London, Old Bailey Press, 2003, Fourth Edition
HONNOLD “Uniform Law for International Sales”, The Hague, Kluwer Law International, 1999, Third Edition.
WATSON “Finance of International Trade”, London, The Institute of Bankers, 1986, Third Edition.
GUTTERIDGE & MEGRAH “The Law of Bankers’ Commercial Credits”, London, Europa Publications, 1984, Seventh Edition
VENTRIS ”Bankers’ Documentary Credits”, London, London Press Ltd, 1983, Second Edition.
BERTRAMS “Bank Guarantees in International Trade”, The Hague / Paris, ICC Publishing, Kluwer Law International, 1996, Second Edition.
WIGGERS “International Commercial Law: Source Materials”, The Hague, Kluwer Law International, 2001