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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. In the module, you will critically examine selected aspects of transnational commercial law, all of which are likely to be particularly relevant in international commercial practice. You will critically examine, in detail, some of the challenges of cross-border commercial transactions, as well as harmonisation and uniform law initiatives; and key international instruments such as the Vienna Convention on the International Sale of Goods, in addition to proposals for the future development of this area of law. You will also consider the implications of the UNCITRAL Model Law and the New York Convention in international commercial arbitration.

Module aims - intentions of the module

The overarching aim of the module is to critically examine selected key 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 you a solid grounding in advanced commercial law.

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 some or all of the following topics:

• The nature of 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
• United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention)
• 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

Recommended key texts:

R Goode, H Kronke, and E McKendrick, Transnational Commercial Law: Texts, Cases and Materials (2nd edn, 2015)

R Goode and E McKendrick, Goode and McKendrick on Commercial Law (6th edn, 2021)

Further reading that you may find useful includes:

Twigg-Flesner and Canavan, Atiyah and Adams' Sale of Goods (14th edn, 2020)

Redfern & Hunter on International Arbitration – student version (6th edn, 2015)

Indicative learning resources - Web based and electronic resources

ELE – https://vle.exeter.ac.uk/

Key words search

Commercial law, Transnational Commercial Law