International Commercial Law
Area of Study
International Economics, Peace and Conflict Studies
Taught In English
Recommended U.S. Semester Credits3
Recommended U.S. Quarter Units4
Hours & Credits
2. JUSTIFICATION OF THE COURSE
The current environment of the economic and political relationship of states and private actors requires from them a global perspective and analysis and execution of such activity. International trade has become in the last 30 years in a key element in
stimulating the constant interaction at the international level, within the context of legal regulation that constitutes a fundamental aspect for structuring all types of trade relationships. In this way international trade law constitutes one of the cornerstones for the consolidation of any international negotiation that any trader brings forward, regardless of the level and area in which they perform. Thus, to find the course of International Trade Law in the curriculum development in the International Business Program, it must be approached from a vision that avoids being repetitive of content provided previously and develop themes to mirror dynamics and contemporary issues in the study area.
3. PURPOSE OR OVERALL OBJECTIVE
3.1. To achieve a general understanding of the main institutions related with global trade.
3.2. SPECIFIC OBJECTIVES
3.2.1. Examine the rules that shape the global pattern of international trade.
3.2.2. Understand the need for legal regulation of international trade.
3.2.3. Critically analyze international organizations that regulate trade and understand why its segmentation into regional agreements.
3.2.4. Identify the fundamentals, that from the legal standpoint, regulate international commercial relationships.
3.2.5. Assess the need for various legal mechanisms that are required to structure international trade relationships.
3.2.6. Identify and effectively implement means of international dispute settlement in international trade.
3.2.7. Identify and analyze the problems and tensions at the global level by the implementation of free trade schemes
3.2.8. Understand the Colombian legal system governing international trade.
4. BASIC SKILLS THE STUDENT WILL BE ABLE TO ACHIEVE
The student should be able at the end of the course to distinguish the functions and ways of action of the main institutions related to global trade.
5. ANALYTICAL DESCRIPTION OF CONTENTS: THEMES AND SUBTHEMES
5.1. Basic concepts
5.1.1. Sources and subjects of international law
5.1.2. Development of international trade law
5.1.3. The convergence between public and private international law.
5.2. International organizations related to international trade
5.2.2. UNCITRAL UNCTAD
5.2.3. Bretton Woods System
5.2.4. Worlds Bank
5.2.5. International Monetary Fund
5.3. Commercial Agreements
5.3.1. Bilateral treaties
5.3.2. Free trade
5.3.4. Regional agreements
5.3.5. Introduction to multilateral agreements
5.4. The multilateral trading system
5.4.1. The GATT and the World Trade Organization
5.4.2. Agreements and negotiation rounds
5.4.3. Guiding principles of the multilateral system
5.4.4. Liberalization and access to markets
5.4.5. No discrimination
5.4.6. Transparency and predictability
5.4.7. Commerce of goods
5.4.8. Commerce of services
5.5. International commercial conflicts
5.5.1. The Dispute Settlement Body of the WTO
5.5.2. International trade jurisprudence and the study of some cases
6. DIDACTIC STRATEGIES AND METHODOLOGIES:
With the methodology of magisterial lectures as a transversal way of teaching, the course will use as well case studies, readings of national and international scholars, and simulations.
Computers, video-beam, and office software related to the activity of the future negotiators
Case studies and simulations of international organizations.
8. CRITERIA AND POLICIES OF MONITORING AND ACADEMIC EVALUATION
- 25 % Midterm exam
- 30% Final exam
- 45% Fallow up
- 15% Quiz 1
- 15% Quiz 2
- 15% Simulation of IIOO
Optional: Research paper for EJIL. www.ejil.edu.co