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International Commercial Law

Module description

This is an important module if you are considering working in the area of transnational commercial law, and if you are attracted to the study of advanced commercial law. Indeed, whilst this module is not a compulsory module for the LLM in International Commercial Law, it is designed to provide you with a solid basis for study of other modules on this programme. You will critically examine selected aspects of transnational commercial law, all of which are likely to be particularly relevant in international commercial practice. Thus you will critically examine, in detail, some of the challenges of cross-border commercial transactions, as well as harmonisation and uniform law initiatives; you will critically examine in detail the principles governing cross-border transactions under the law of England and Wales; and you will also critically consider in detail other regimes such as the Vienna Convention on the International Sale of Goods as well as proposals for the future development of this area of law (such as the proposed Common Regional Sales Law and Digital Market Law ). You will also consider the legal regimes governing transactions in securities in the context of transactional commercial law. You will also examine the implications of the UNCITRAL Model Law and the New York Convention in international commercial arbitration.

Module aims - intentions of the module

The aim of this module is to critically examine selected aspects of commercial law in relation to cross-border transactions. The aspects selected are likely to be particularly relevant to those in international commercial practice but the module also aims to give all students a solid grounding in advanced Commercial Law. It will critically examine, in detail, some of the challenges of cross-border commercial transactions, as well as harmonisation and uniform law initiatives. Although the point of departure for the module will be a critical evaluation of the principles governing cross-border transacting under the law of England and Wales, it will also critically consider in detail other regimes such as the Vienna Convention on the International Sale of Goods as well as proposals for the future development of this area of law (such as the Common Regional Sales Law and Digital Market Law). It will consider regional and global solutions governing transactions in securities. Finally, it will also examine the arbitration proceedings based on the UNCITRAL Model Law and the New York Convention.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. demonstrate detailed and systematic knowledge of, and an ability to critically analyse, evaluate and synthesise in context, the complex challenges (political, social, economic etc.) for, and possible responses to, cross-border transacting;
• 2. demonstrate detailed and systematic knowledge of, and an ability to critically analyse, evaluate and synthesise in context, complex principles governing cross-border transacting under the law of England and Wales;
• 3. demonstrate detailed and systematic knowledge of, and an ability to critically analyse, evaluate and synthesise in context, complex aspects of other key regimes governing transnational commercial law (such as the Vienna Convention on the International Sale of Goods) as well as proposals for the future development of this area of law (such as the proposed Common European Sales Law);

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 4. use internationally relevant legal and non-legal materials in relation to commercial law;
• 5. demonstrate detailed knowledge, through structured and discursive writing, of the contextual (political, social, economic etc.) challenges and implications for transnational commercial law;

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 6. demonstrate the ability to comprehensively use a range of resources for specific learning tasks;
• 7. present, explain and critically evaluate a range of substantive and theoretical arguments in assessments and teaching sessions; and
• 8. work independently and to manage time efficiently in preparing for learning activities and assessments.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover the following topics:

• Challenges for transnational commercial law;
• Harmonisation and uniform law agendas;
• CIF, FOB and other shipment terms;
• Documents representing goods in international trade;
• The application of the Sale of Goods Act 1979 to international sales;
• Vienna Convention on the Law of Sales;
• The Regional Sales Law and Digital Market Law;
• Transactions in securities; and
• International commercial arbitration under the UNCITRAL Model Law and the New York Convention.

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

Key Texts:

R Goode and E McKendrick, Goode on Commercial Law (5th edition, Penguin 2016).

Goode, Kronke, McKendrick and Wool, Transnational Commercial Law.

Further reading might include:

Adams & MacQueen, Atiyah’s Sale of Goods (12th edition 2010);

Bridge, Benjamin’s Sale of Goods (8th edition 2010);

Redfern & Hunter on International Arbitration

Key words search

Commercial law, Transnational Commercial Law