|Course Title||International Trade Law|
|Institution||Saratov State Academy of Law|
This special course examines impact of international trade law upon the regional and global trading system. The focus is necessarily upon the regulatory effect of that law, in particular as regards the creation of the global trading system and the harmonization of national regimes and, more generally, in terms of the globalization process as applied to trade practices.
Previous knowledge of substantive civil, financial and banking law is a requirement for this course.
AIMS OF THE COURSE
The course aims at highlighting traditional and new concepts and doctrines relating to various problems within the scope of the discipline and providing students with the up-to-date methodology of the scientific research in this complex area of law. Students are given an opportunity to gain knowledge on how to resolve different legal problems, taking into account international and national legal regulation. Students are encouraged to develop their reasoning and presentation skills, discussing debatable and controversial issues arising in the context of particular topics.
ROLE OF THE COURSE
The course is mandatory and is taught to senior students specializing in the field of international and commercial law. Having acquired basic knowledge of national civil, financial and banking law, students are now moving towards an understanding of the international legal regulatory framework in the field of commerce. An important notice is that among the courses that are taught by the department of private international law international trade law is the pre-requisite for taking other special courses such as international business transactions, international banking law, international tax planning etc.
The students are required to prepare either a short essay of 10-12 double spaced pages on a topic agreed in advance with the lecturer or an open class presentation of about 30-45 minutes.
You can use the following hyperlinks to access to more information on a particular topic of the course or ask me for a precise advice on how to get the information you need on the Web.
I. Introduction to International Trade Law (1 hour)
The purpose of this topic is to provide a general introduction to the international legal regulatory framework of commerce. Having outlined the basic definitions relating to international trade, discussion then turns to the problem of globalization and its impact on the development of the international trade law. Finally, attention is drawn on the principles of the international legal framework of the multinational trading system.
II. Unification of International law relating to international trade (1 hour)
This topic addresses the issue of unification of international trade law by means of discussion of the role and functions of international organizations in the field. Various forms of unification that are extensively used in the field are discussed. Attention is then given to the theory of lex mercatoria, which is admittedly an underlying basis for the development of international trade law. In the end, future paths in the unification process of international trade law are examined.
III. Sources of international trade law (1 hour)
Attention is drawn in the context of this topic both to recognized and debatable sources of international trade law. Following the introductory examination of international and bilateral treaties and uniform laws, discussion gives consideration to other important primary and supplementary sources of international trade law. Finally, national legislation as possibly applicable to international trade is examined from international and national legal standpoints.
IV. Actors of international trade law (1 hour)
Attention here is given to principal actors of international trade and peculiarities of their legal capacity in international commerce. Special focus is made on the regional organizations as they provide an alternative solution to the problems that arise in the scope of international trade.
V. Legal regimes in international trade (1 hours)
Following the brief introduction to the WTO/GATT system and corresponding legal analysis of this institutional framework, discussion is focused on issues relating to legal regimes in international and trade, including the principles of treatment, protection, retaliation and conciliation measures.
VI. International commercial contracts (2 hours)
Being familiar with the national concept of contract, students get acquainted with the international dimension of contractual relationships and corresponding legal peculiarities. Attention is then given to the mostly used international commercial contracts that will also be discussed in length during seminars.
VII. International law of sales (2 hours)
Having examined the previous topic, students move forward to the international law of sales, which is recognized as the most successfully unified area of international law. After the introduction to the international contract of the sale of goods, attention is drawn to the Vienna Convention on the Contracts for the International Sale of Goods 1980, which will also be examined in detail during seminars. Finally, the discussion of principles of international commercial contracts (UNIDROIT, 1994) is suggested as a topic finalizing the examination of the international law of sales.
VIII. INCOTERMS 1990 (1 hour)
Discussion in the scope of this topic turns to standard contract terms in international trade. Attention is given specifically to INCOTERMS 1990. Following the introduction to this instrument, focus is then on the particular groups of INCOTERMS and F.O.B. and C.I.F. terms.
1. General characteristics of INCOTERMS.
2. Characteristics of the groups of terms
IX. Risk analysis in international trade (1 hour)
The purpose of this topic is to examine risks relating to international trade. Systemic nature of the risk analysis in international trade is a key concept which helps to understand how related risks operate in the field of international trade.
X. International trade finance (2 hours)
Finance is an integral part of international trade. Attention is given to mostly used financial instruments and techniques. Legal aspects of their usage in international trade are discussed.
XI. Risks of payment in international trade (1 hour)
Financial instruments and techniques of international trade bear various risks, including the risk of payment. Insurance and protection clauses as mostly used measures are examined in the context of the topic.
XII. International tax planning (2 hours)
International commercial operations require effective financial and tax planning. Bearing in mind international scope of commercial operations, attention is given here to principles and basic mechanisms of international tax planning. Afterwards discussion turns to mostly used schemes and methods of the tax minimization in international commercial operations.