20110589 - nternational Business Contracts 

INTERNATIONAL BUSINESS LAW, COURSE LEARNING OBJECTIVES:
AT THE END OF THIS COURSE, SUCCESSFUL STUDENTS WILL:
- UNDERSTAND THE BASIC ELEMENTS OF INTERNATIONAL BUSINESS CONTRACTS, INCLUDING DOCTRINE AND MATERIALS FROM INTERNATIONAL PRACTICE, AGREEMENTS, JUDGMENTS AND OTHER DOCUMENTS.
- KNOW THE SPECIALIZED CONCEPTS AND TERMINOLOGY RELATED TO INTERNATIONAL BUSINESS CONTRACTS.
- RECOGNIZE THE ATTENDANT INTERNATIONAL INSTITUTIONS, ORGANIZATIONS AND DOCTRINES THAT INFLUENCE AND DETERMINE THE STRUCTURAL CONTEXT IN WHICH THE LAW OPERATES.
- BE ABLE TO IDENTIFY LEGAL ISSUES IN ACTUAL AND/OR HYPOTHETICAL (MOOT) COURT CASES AND ARBITRATION, AND TO BE ABLE TO ARGUE EITHER SIDE OF THESE ISSUES.
- HAVE IMPROVED VERBAL AND WRITTEN COMMUNICATION SKILLS, INCLUDING SKILLS IN ADVOCACY, THROUGH LEGAL WRITING AND ARGUMENTATION IN ENGLISH.
- BE FAMILIAR WITH BASIC DOCUMENTS RELEVANT TO INTERNATIONAL BUSINESS CONTRACTS FROM WHICH TO FURTHER SUBSTANTIVE KNOWLEDGE AND TO PERFECT LEGAL ENGLISH LANGUAGE SKILLS.
- HAVE MASTERED THE RESEARCH TOOLS AND MATERIALS WITH WHICH TO LEARN MORE ABOUT INTERNATIONAL BUSINESS CONTRACTS.

Curriculum

teacher profile | teaching materials

Mutuazione: 20110589 International Business Contracts  in GIURISPRUDENZA LMG/01 SPITZMILLER REBECCA

Programme

1. The course will examine principles of international contract law, using the Unidroit Principles, reviewing their structure and scope; basic ideas including freedom of contract, openness to usages, favor contractus, fair dealing and good faith, policing unfairness; purposes; uses, and comparison both to the CISG and European Principles.
2. The influence that the International Chamber of Commerce has over international contract law will be examined.
3. Concepts and procedures inherent to international contract arbitration will be reviewed and analyzed.
4. A broad array of documents typically used in international business transactions will also be explored.


Core Documentation

RAY AUGUST, INTERNATIONAL BUSINESS LAW: TEXT, CASES AND READINGS, 4TH EDITION, PEARSON EDUCATION INTERNATIONAL, NEW JERSEY, 2004 (PP. 535 – 592)
MICHAEL JOACHIM BONELL, AN INTERNATIONAL RESTATEMENT OF CONTRACT LAW -THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, TRANSNATIONAL PUBLISHERS, INC., ARDSLEY, NY, 3D ED. 2005.
JOSEPH F. MORRISSEY AND JACK M. GRAVES, INTERNATIONAL SALES LAW AND ARBITRATION: PROBLEMS, CASES AND COMMENTARY, KLUWER LAW INTERNATIONAL, THE NETHERLANDS, 2008


Type of delivery of the course

Classes will be structured to optimize interactivity, using some lectures, but mostly the Socratic Method – including “cold call” questioning – along with student presentations, moot appellate court cases, negotiations and a mock trial.

Attendance

Classes will be structured to optimize interactivity, using some lectures, but mostly the Socratic Method – including “cold call” questioning – along with student presentations, moot appellate court cases, negotiations and a mock trial.

Type of evaluation

Final grades will be based, in equal proportions, on: • participation in class: each student must be prepared to participate fully and actively in class discussions and projects based on methodology described in documents distributed and discussed in initial class meetings and throughout the semester; • briefs and other written work: students must perform the research necessary to do writing assignments for the class and submit assignments on time; • Final, written exam, will cover all the topics discussed during the course. It will be based on hypothetical legal questions and require answering them by using the "IRAC" formula, i.e., identifying the legal Issue, stating the Rule, Applying the law and Concluding.

teacher profile | teaching materials

Mutuazione: 20110589 International Business Contracts  in GIURISPRUDENZA LMG/01 SPITZMILLER REBECCA

Programme

1. The course will examine principles of international contract law, using the Unidroit Principles, reviewing their structure and scope; basic ideas including freedom of contract, openness to usages, favor contractus, fair dealing and good faith, policing unfairness; purposes; uses, and comparison both to the CISG and European Principles.
2. The influence that the International Chamber of Commerce has over international contract law will be examined.
3. Concepts and procedures inherent to international contract arbitration will be reviewed and analyzed.
4. A broad array of documents typically used in international business transactions will also be explored.


Core Documentation

RAY AUGUST, INTERNATIONAL BUSINESS LAW: TEXT, CASES AND READINGS, 4TH EDITION, PEARSON EDUCATION INTERNATIONAL, NEW JERSEY, 2004 (PP. 535 – 592)
MICHAEL JOACHIM BONELL, AN INTERNATIONAL RESTATEMENT OF CONTRACT LAW -THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, TRANSNATIONAL PUBLISHERS, INC., ARDSLEY, NY, 3D ED. 2005.
JOSEPH F. MORRISSEY AND JACK M. GRAVES, INTERNATIONAL SALES LAW AND ARBITRATION: PROBLEMS, CASES AND COMMENTARY, KLUWER LAW INTERNATIONAL, THE NETHERLANDS, 2008


Type of delivery of the course

Classes will be structured to optimize interactivity, using some lectures, but mostly the Socratic Method – including “cold call” questioning – along with student presentations, moot appellate court cases, negotiations and a mock trial.

Attendance

Classes will be structured to optimize interactivity, using some lectures, but mostly the Socratic Method – including “cold call” questioning – along with student presentations, moot appellate court cases, negotiations and a mock trial.

Type of evaluation

Final grades will be based, in equal proportions, on: • participation in class: each student must be prepared to participate fully and actively in class discussions and projects based on methodology described in documents distributed and discussed in initial class meetings and throughout the semester; • briefs and other written work: students must perform the research necessary to do writing assignments for the class and submit assignments on time; • Final, written exam, will cover all the topics discussed during the course. It will be based on hypothetical legal questions and require answering them by using the "IRAC" formula, i.e., identifying the legal Issue, stating the Rule, Applying the law and Concluding.