75977 - International Commercial Law

Learning outcomes

At the end of the course the student is able to understand the international contracts and the principles regulating them. In particular, he/she is able to examine the International Commercial Contracts of the typical distribution sector, also according to the contractual and corporate antitrust law and joint venture agreements, with the aim to the internationalization of the company; he/she will also be able to focus on different solutions for different situations.

Course contents

PART I: GENERAL PRINCIPLES
1. The nature, history and sources of Commercial Law
2. The conflict of laws in commercial transactions
3. International Law as it affects Private Law conventions governing cross-border commercial transactions
4. Comparative Law and its relevance to transnational Commercial Law
5. The harmonization of Commercial Law; instruments and institutions
6. The harmonization process

PART II: LEGAL FRAMEWORK

1. Treaty Law:

– Vienna Convention on the Law of Treaties
2. International and European Restatements of Contract Law:

– UNIDROIT Principles of International Commercial Contracts;

– The way towards the harmonization of European Contract Law.

PART III: INTERNATIONAL SALE OF GOODS (CISG) AND RELATED TRANSACTIONS
1. United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG)

2. Convention on the Limitation Period in the International Sale of Goods (New York, 1974)
3. ICC Incoterms (2010 version)

PART IV: CROSS BORDER INSOLVENCY
1. European Convention on Certain International Aspects of Bankruptcy 1990
2. UNCITRAL Model Law on Cross-Border Insolvency (1997) and Guide to Enactment and Interpretation (2013)
3. Council Regulation (EC) No 1346/2000 on Insolvency Proceedings

PART V: INTERNATIONAL COMMERCIAL ARBITRATION AND CONCILIATION
1. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the "New York Convention")
2. InterAmerican Convention on International Commercial Arbitration
3. UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006
4. UNCITRAL Model Law on International Commercial Conciliation (2002)
5. The International Chamber of Commerce Arbitration Rules (2012) and Mediation Rules (2014)

Readings/Bibliography

Presentations, readings and other materials will be indicated in class at the beginning and during the Course.

Teaching methods

The above mentioned International Commercial Law's topic will be studied through theoretical analyses and practical exercises. The Course puts national and international Contract Law in a comparative perspective so as to work with the sources of generally accepted principles or, where existing solutions diverge, focuses on potentially new efficient solutions that are internationally acceptable and might grow into general principles in the future.

Assessment methods

Oral examinations in the form of full exams. Full exams will be based on the whole course program and all the relevant materials (presentations, slides, textbooks and/or additional readings) indicated by the teacher.

Given the methodology outlined above, the active participation of students will be essential.

Regular attendance of classes will therefore be compulsory, in order to be allowed to take the exam.

The overall evaluation will be based on the contribution during classes and on a final oral discussion on a case to be assigned shortly in advance

Teaching tools

The relevant materials and recommended readings will be timely made available to students.

Some lessons will be delivered with the support of experts and practical operators in the field of International Commercial Law, such as lawyers from international law firms and multinational companies.

Office hours

See the website of Riccardo Campione