LWMTCL-International Commercial Law

Module Provider: School of Law
Number of credits: 20 [10ECTS credits]
Level: 7
Terms in which taught: Autumn
Module Convenor: JG Loughrey
Pre-requisites: Registered for a postgraduate programme in Law or with permission of the programme director.
Co-requisites:
Modules excluded:
Module version for: 2009/0

Email: j.g.loughrey@reading.ac.uk

Aims:
The module aims at developing the legal knowledge and skills students need to understand and deal with commercial transactions having transnational implications. The module requires students to engage in discussions and written assignments, analyse international conventions and restatements, and draft legal documents – skills essential for a commercial lawyer. The module helps students with some background in commercial law to contextualise their knowledge and understand how domestic transactions might have international law elements. At the same time, the module aims to encourage students new to the field to analyse the political and legal framework in which states and large commercial interests negotiate political and legal commitments and the process by which these commitments are enforced at the domestic level.

Assessable learning outcomes:
On completion of the module, students will be expected to be able to:
• Demonstrate a thorough understanding of the legal instruments governing different aspects of transnational commerce.
• Demonstrate ability to identify the relevant regulatory regime
• Demonstrate ability to resolve conflicts between national laws and competing jurisdictions.
• Demonstrate understanding of institutional constraints and limits of transnational law making.
• Resolve conflicts between divergent judicial decisions from different national courts.
• Demonstrate sound appreciation of interpretive methodologies.

Additional outcomes:
In addition to those listed in the School’s ‘core skills statement’, the module will encourage the development of:

Analytical and lawyering skills in addressing transnational legal problems. These will be measured by testing application of concepts to problems that transcend national boundaries and which potentially trigger the application of multiple legal regimes; appreciation of the limits of national regulatory approaches; application of theoretical frameworks to explain transnational commercial law instruments.

Outline content:
The module will cover topics
1. Need for harmonization of national commercial laws
2. Historical origins of the lex mercatoria
3. International institutions
4. Vehicles for harmonization
5. UN Convention on International Sales
6. UN Convention on Recognition and Enforcement of Arbitral awards
7. Hague Convention on Choice of Court Agreements
8. Hague Convention on certain matters in respect of indirectly held securities
9. International Chamber of Commerce Incoterms
10. International Chamber of Commerce UCP 600
11. International Institute for the Unification of Private Law Principles of International Commercial Contracts
12. EU contract code proposals

Brief description of teaching and learning methods:
Teaching in this module is designed to provide students with a range of resources on which they can draw in their learning. The main elements are:

A list of required and recommended readings, with notes and questions that will be used to guide class discussion and reflection.

Ten weekly seminar classes of 2 hours each. These are discussion based classes and groups usually have between 6 and 15 students.

Assessed and optional non-assessed work that will be used to develop students’ skills and knowledge.

An electronic discussion board may be available for students enrolled in this module.

In addition, students who wish to may attend lectres in the LLB module Company Law (if the timetable allows). Where there are Faculty seminars relevant to the area, then students in the module will be encouraged to attend and given the opportunity to discuss the issues with visiting academic presenters.

Contact hours:

	Autumn	Spring	Summer
Lectures
Tutorials/seminars	10 x 2 hours
Practicals
Other contact (eg study visits)			Revision by e-mail
Total hours	20
Number of essays or assignments	1 optional non-assessed practice exam paper
Other (eg major seminar paper)

Assessment:


Examinations: A 3-hour exam counting for 100% of the module marks.


Requirements for a pass: 50% overall.

Reassessment arrangements: As for the original assessment.

Last updated: 9 December 2009