82155 - International Law for Management

Academic Year 2020/2021

  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Second cycle degree programme (LM) in Business Administration (cod. 0897)

Learning outcomes

The course of International Law for Management has the aim to offer students a general overview of the public international law and domestic law applicable to international business transactions between private parties, as well as the public international law applicable to trade and investment relations between or among States. This field also involves the analysis of international organizations related to international business and economic activity, including institutional organizations/structures (GATT/WTO, IMF, NAFTA, EU) and regulatory Authorities. At the end of the course, students are expected to understand the regulatory framework of international business transactions, as well as how States relate to one another in the international economy.

Course contents

Module Outline

The aim of the module is to introduce and critically assess the main rules of International Trade Law and the available dispute resolution methods that can be combined to provide an effective, dynamic and integrated system of dispute resolution in international business and commerce. This branch of the law comprises of the rules that govern the exchange of goods and services across countries and the governance of disputes that may arise. Given the lack of a globally unified legal system, international trade law relies on a plurality of sources, both national and transnational, which will be addressed in the module: national law, international agreements and conventions, transnational standards and business practices. In order to make sense of that complexity, the module is divided in two core blocks.

  1. The first block will introduce the basic concepts, the economics and the politics of international trade. It will cover the international and regional legal frameworks under which international trade occurs, including the WTO, free trade agreements and the European Economic Area. The focus will be maintained on the substantive rules created under those agreements rather than on institutional and procedural aspects. This part of the module will also examine the law governing commercial contracts for the exchange of goods in the transnational setting, including choice and conflict of laws rules, international sales law and rules on carriage of goods. The concluding part of the first block will address some of the current issues of international trade policies, e.g. labour and human rights, the environment, investments, developing countries etc.
  2. The second block aims at providing an understanding of the international dispute resolution system and offering candidates a basic understanding of the principles of good practice and procedure in international dispute management. After a general introduction of in-Court and out-of-Court mechanisms, this part of the module will concentrate on the general principles of international commercial arbitration and a comparison of the main alternative dispute resolution processes – arbitration, mediation and adjudication. It gives students the opportunity to analyse critically the use of arbitration to resolve international business and commercial disputes and provides them with a contextual analysis of international commercial arbitration through lectures, class readings, seminar discussions and group presentations. The theoretical material will be combined with practical examples for a better understanding of the unique characteristics of international commercial arbitration. Overall, the second block of the course will consider the ways in which the various benefits of international commercial arbitration and other dispute resolution methods can be combined to provide an effective, dynamic and integrated system of dispute resolution in international business and commerce. It purports to give candidates a basic understanding of the principles of good practice and procedure in international arbitration.

Learning Outcomes

The module provides opportunities for students to develop and demonstrate knowledge and understanding, qualities, skills and other attributes in the following areas:

A. Knowledge and Understanding

  1. Demonstrate a sound understanding of, and familiarity with, the basic structure and fundamental rules which govern modern trade, developing skills which are useful in the legal profession, as well as in business and administration.
  2. Demonstrate an understanding of the main features of international trade law and ability to recognise the connections between the substantive and theoretical issues linked to international trade law and policy.
  3. Demonstrate a critical approach to the themes discussed.
  4. Demonstrate an understanding of the rationales underlying the core principles of international commercial arbitration, as well as the underlying norms.
  5. Demonstrate an understanding and an ability to apply knowledge of principles of international commercial arbitration to a number of areas of law, as well as complex problem and essay questions.

B. Cognitive (thinking) Skills

  1. Demonstrate an ability to analyse the relevant law.
  2. Demonstrate an ability to assess critically, where relevant, the law and policy underlying it.

C. Other Skills and Attributes (Practical/Professional/Transferable)

  1. Demonstrate ability to research and assemble information and materials that are relevant to the law and, in some instances, policy.
  2. Demonstrate an ability to produce a structured, logical, analytical and accurately referenced synthesis of relevant materials.
  3. Demonstrate an ability to present cogent oral and written arguments

 

Indicative content

First block

  • Introduction. Basic concepts in International Trade Law
  • International contracting and Conflict of Laws
  • Payments and new payment technologies
  • International Transports/Carriage of Goods
  • The Global Institutional Framework
  • The European Economic Area
  • International Trade Policies and challenges

    Second block

  • Introduction to International Commercial Arbitration
  • The Arbitration Agreement
  • Drafting the Arbitration Agreement
  • Applicable Laws and Rules
  • Judicial Assistance for Arbitration
  • The Tribunal
  • The Arbitral Proceedings
  • The Award and Its Enforcement

Readings/Bibliography

Essential Reading

  • Trebilcock MJ, Advanced Introduction to International Trade Law (Elgar Publishing, 2015)
  • Carr I and Stone P, International Trade Law - 6th edition –(Routledge, 2018)
  • Moses ML, The Principles and Practice of International Commercial Arbitration (Cambridge University Press, 2017)

Other reading (recommended but not compulsory)

  • Goode R, Kronke H, McKendrik E, Transnational Commercial Contracts. Text, Cases and Materials (Oxford University Press, 2015)
  • Chuah J, Law of International Trade. Cross-Border Commercial Transactions (Sweet & Maxwell, 2013)
  • Van den Bossche P, Zdouc W, The Law and Policy of the World Trade Organization. Text, Cases and Materials (Cambridge University Press, 2013)
  • Qureshi AH and Ziegler AR, International Economic Law (Sweet & Maxwell, 2011)
  • Murray C, Holloway D and Timson-Hunt D, Schmitthoff - The Law and Practice of International Trade (Sweet & Maxwell, 2012)
  • Bantekas I, Introduction to International Arbitration (Cambridge University Press, 2015)
  • Born GB, International Arbitration: Law and Practice (2012)

Teaching methods

Lectures, seminars, group readings, students' presentations

Assessment methods

The assessment of this course will be 50% by performance in seminars / group presentations AND by submission of a research project (dissertation) of up to 2.500 words in length (excluding bibliography and/or bibliographical references in the footnotes) on a topic of own choice within the syllabus. The dissertation shall be submitted via email to f.ferretti@unibo.it by the exam date at 11 a.m.

All students are entitled to refuse the mark given, in which case they may resubmit for assessment on the basis of 100% submission of a new research project (dissertation) different from the one whose mark has been refused. All resubmissions will be assessed by 100% research project (dissertation) of a length between min. 4.000 words and max 5.000 words (excluding bibliography and/or bibliographical references in the footnotes) on another topic of own choice within the syllabus. The dissertation shall be submitted via email to f.ferretti@unibo.it by one of the following available exam dates at 11 a.m.

For those who have been exempted from attending, the assessment will be by submission of a research project (dissertation) of a length between min. 4.000 words and max 5.000 words (excluding bibliography and/or bibliographical references in the footnotes). The dissertation shall be submitted via email to f.ferretti@unibo.it by one of the available exam dates at 11 a.m.

Teaching tools

Powerpoint presentations, textbooks, reading material

Office hours

See the website of Federico Ferretti