International private law and international trade law / International private law and international trade law

The Academic Board of Law, Odense
Teaching activity id: 8941001.
Teaching language: English.ECTS / weighting: 5 ECTS / 0.083 full-time equivalent.
Examination language: English.
Exam activity id: 8941002.Approved: 03-10-17.
Period: Spring 2018.
Grading: Internal grading.
Assessment: 7-point scale.
Offered in: Odense.

Subject director:
Kristina Maria Siig, Department of Law.

Prerequisites:
Formueret 1. year should be passed - or similar qualifications.

Purpose:
The course takes its factual starting point in international sales transactions and the international transport of goods. Additionally the course discusses areas of law closely connected with this, such as the relevant rules on choice of, distribution channels, finance of the sale of the goods etc. Furthermore, it introduces the students to courses in English.

The course provides the knowledge of how basic international sales transactions take place and their legal implications, and provides the students with skills in order to solve legal conflicts within that area of law. Furthermore, through lectures and tutorials it provides the students with the competence of making a short presentation of a legal problem in a foreign language.

The course should be seen as an extension to the first year sales law and contract law course and as a supplement to the laws of obligation.

Content - Key areas:
International trade law is a conglomerate of many different legal disciplines which, when applied to a given dispute, become a distinct legal discipline. This introductory course will concentrate on the legal regulation of some of the core areas:
  • International sale and purchase of goods, including the regulation in the Convention on International Sale of Goods (CISG), INCOTERMS 2010 and UCCP 600
  • International carriage of goods, focusing mainly on contracts for carriage of goods by sea and road, and
  • Choice of law in international sales transactions.

Goals description (SOLO taxonomy):
The student should be able to indentify and describe the problems of a legal nature which may arise i international trade law transactions. The students are expected to be able to compare different rules and to draw lines from the different regulations so that the subject becomes a coherent whole. The interfaces and nexus between the different regulations is in focus. The student will be expected to use the above skills partly to solve a given case partly to be able to describe, analyse and discuss a given legal problem and present this analysis in an oral form under the application of presentation media of its own choice.

Literature:
The following literature is used as a starting point in the course.
Lookofsky, Understanding CISG, latest edition (the whole book)
Siig, Bought or Sold (chapter 3 of Legal risk management in shipping), may be obtained separately at https://itunes.apple.com/dk/book/bought-or-sold/id917283073?mt=11
Falkanger, Bull, Brautaset, Scandinavian Maritime Law, the Norwegian perspective, latest edidtion, chapter 14.1.-14.5.

Literature will include primary texts such as the relevant convention texts etc. (including the CISG, the INCOTERMS 2010, the CMR Convention, NSAB 2000 and the UCP 600), standard contracts used in the trade and the hand-outs presented at class/BlackBoard.

Information regarding further litterature will follow at the start of the course.


Time of classes:
Spring.

Scheduled classes:
Case-oriented lectures, 30 lectures taught as 3 lectures per week in 10 weeks. 3  lectures taught in 3 * 45 minutes by student instructors. The students are strongly advised to attend all classes.

Form of instruction:
Case-oriented lectures, tutorials and class discussions.

1 ECTS is equivalent to 27 working hours. An estimated retail distribution of the workload of an average student can be:

Activity
Hours
Lectures
30
Preparation for lectures
40
Tutorials
3
Preparation for tutorials
16
Preparation for exams
45
Exam

Total
1

135



Time of examination:
Ordinary examination in June and January. Re-exam in August and February.

Registration for the course is automatically a registration for the ordinary examination in the course. Cancellation is not possible. If the student does not participate in the examination, the student will use an examination attempt. The university may grant an exemption from the rules in case of exceptional circumstances. Examination form at the re-examination can be changed.

The student must enroll for the reexamination via Student Self-service within the registration period.


Examination conditions:
None apart from the above.

Form of examination for the certificate:
Oral presentation.

Supplemental information for the form of examination:
Oral examination based on a 5 minute oral presentation by the student followed by a 10 minute oral examination. The oral presentation will be in one of 5 topics published 2 weeks before the examination date. At the exam the students will be asked to present one of the prepared 5 topics. The student is allowed to include a media format, e.g. a power point, a printed outline or overhead projection in the oral presentation.

Programmes:
HA(jur.)
6th semester, mandatory. Offered in: Odense