THE LAW OF INTERNATIONAL TRADE

SHE Level 4
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code MHM122827
Module Leader Manos Maganaris
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Pre-Requisite Knowledge

None

Summary of Content

Selling and purchasing goods across territorial borders constitutes a sophisticated commercial activity. International trade involves various contracts, including letters of credit and contracts of sale, carriage and insurance, all of which are of concern to traders whilst performing this activity for profit. In pursuit of certainty and predictability, traders around the world typically refer to a specific body of 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. The module topics include the following: 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, emedies for breach of the sale contract and the governing law and jurisdiction in the international sale of goods.

Syllabus

Basic Aspects of International Sales Contracts The international sales contract The INCOTERMS and the rights and obligations of exporters and importers The ancillary contracts required for FOB and CIF transactions Carriage of Goods by Sea - Charterparties and the Hague-Visby Rules Marine Insurance: Contracts and Policies Marine Insurance: Types of Cover, Loss and Indemnity Methods of Payment and More Sophisticated International Commercial Contracts Direct Payment, Bills of Exchange and Documentary Credits The Rules of the Uniform Customs and Practice for Documentary Credits Appointing an Agent, Distributor, Franchisee or Licensee International Licensing Agreements Establishing a Presence in a Foreign Market: Subsidiaries, Takeovers and Joint Ventures Conflict of Laws, Arbitration and Other Forms of Dispute Resolution The International Framework for the Regulation of Trade Among States The WTO as the Main instrument for the Regulation of Trade The Basic Principles of the WTO : MFN, Non-Discrimination and the Multilateral Trade Negotiations Procedure Quantitative Restrictions, technical Barriers to Trade, Government Procurement and Subsidies New Areas Covered: Sevices, Trade-Related Aspects of International Property Rights (TRIPs), Trade-Related Investment (TRIMs)

Learning Outcomes

On successful completion of this module, the student should be able to:On successful completion of this module, the student should be able to:" Demonstrate a comprehension of the principles of the substantive areas of law, as set out in the syllabus." Analyse a given set of facts so as to identify the relevant legal issues arising therefrom, explain the relevant law and apply it so as to take appropriate action." Identify, analyse and synthesise the legal issues arising in practical problems" Appraise and synthesise legal concepts so as to construct a persuasive argument using recognised legal sources in justifying their application to a given set of facts" Communicate confidently with legal experts on a range of legal matters." Demonstrate an understanding of solutions to legal challenges including issues related to choice of law and conflict of laws." Demonstrate an understanding and application of relevant principles of responsible management education in in all learning outcomes" Demonstrate an ability to extend collective knowledge of the challenges in meeting social and environmental responsibilities and to explore jointly effective approaches to meeting these challenges" PRME Learning Outcome: demonstrate an ability to explore ethical and socially responsible responses to issues arising within the context of the law of international trade.

Teaching / Learning Strategy

GSBS will continue to use the advancement of GCU Learn as a blended learning tool through its teaching and learning as well as through engagement with students. GSBS will ensure that all modules are GCU Learn enabled and with the support of the Learning Technologists at the cutting edge of development of online materials. Academic staff and the Learning Technologists will continue to work together to develop and operate all modules on GCULearn to ensure student support and information sharing. Students are provided with formative and summative feedback via a variety of mechanisms. Feedback on coursework is provided within 3 working weeks of submission. The module will be delivered over one trimester. Students attend 36 hours of class contact in total. The structured seminar and directed studies programme of learning to be undertaken encourages active, student-centred learning which enables students to access and analyse a variety of primary and secondary source material in order to address and solve set questions and case studies. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context. Feedback will be provided to students as follows: -360 1. Students will be provided with feedback within three weeks of submission of all summative assessments providing information on strengths, weaknesses and suggestions for corrective action to be applied in future submissions. The tutor will also provide generic feedback at the seminars where coursework will be handed back. Students may also discuss any points with their lecturer or tutor. -360 2. The virtual learning environment site will be used to feedback overall performance by students on all summative assessments highlighting overall strengths and weaknesses. -360 3. Discussion boards will be used to encourage teacher and peer-to-peer dialogue on certain topic areas where this form of communication would be regarded as effective. Student feedback on teaching, learning and assessment will be sought at the end of the semester through a module evaluation questionnaire.

Indicative Reading

Carr I, International Trade Law, 4th edition, Routledge-Caventish, 2010 Chuah J, Law of International Trade: Cross-border Commercial Transactions, 4th edition, Sweet & Maxwell, 2009 Carr I and Kidner R, International Trade Law Statutes and Conventions 2009-2010, Routledge Student Statutes, Routledge, 2009 Murray C, D'Arcy L, and Cleave B, Schmitthoff's Export Trade: The Law and Practice of International Trade, Sweet & Maxwell, 2007

Transferrable Skills

By the end of this module students will have gained competence in the following key areas: Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: -360b7 Preparing for and participating in seminars/tutorials b7 Preparing for and delivering group and individual presentations b7 Preparing for and delivering group portfolio b7 Preparing for and delivering reflective seminar reports Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: -360b7 Preparing for lectures b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Reflecting on lecture, hand-out and self-searched material b7 Preparing for and participating in group meetings and other group activities b7 Preparing for and participating in seminars/tutorials b7 Preparing for and delivering group and individual presentations b7 Preparing for and delivering group portfolio b7 Preparing for and delivering reflective seminar reports Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: -360b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Reflecting on lecture, hand-out and self-searched material b7 Preparing for and participating in group meetings and other group activities b7 Preparing for and participating in seminars/tutorials b7 Reflecting on feedback from seminar contributions, group and individual presentations, and online tests b7 Preparing for and delivering group presentations b7 Preparing for and delivering group portfolio b7 Preparing for and delivering reflective seminar reports Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: -360b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Preparing for and participating in group meetings and other group activities b7 Accurately applying numerical and percentage based rules with regards to various company law activities within groups b7 Preparing for and participating in seminars/tutorials b7 Preparing for and delivering group presentations b7 Preparing for and delivering group portfolio b7 Preparing for and delivering reflective seminar reports

Module Structure

Activity Total Hours
Lectures (FT) 24.00
Independent Learning (FT) 114.00
Seminars (FT) 12.00
Assessment (FT) 50.00

Assessment Methods

Component Duration Weighting Threshold Description
Coursework 2 0.00 50.00 35% Essay/2000 words (week 14)
Coursework 1 0.00 50.00 35% Essay/2000 words (week 7)