Critical Law and Practice of International Business Transactions - LW629

Location Term Level Credits (ECTS) Current Convenor 2017-18 2018-19
Canterbury Autumn
View Timetable
6 15 (7.5) DR OT Oduntan

Pre-requisites

None

Restrictions

None

2017-18

Overview

The module focuses on current issues in the law and practice of international business and trade law from critical perspectives. This includes exposing deficiencies in the regulation of international trade finance, international marketing operations, Countertrade, international commercial dispute settlement mechanisms and corruption in international business. The module considers the involvement of emerging business and financial jurisdictions in international trade. It broadly explores the inequities of global integration of international trade law and considers the influences of European Union law and those of leading developed economies and financial jurisdictions on regulation and actual practice of the field of international business transactions. Attention will be given to specialist and emerging areas of law such as international mergers and acquisition as well as philosophical aspects of international trade such as the Lex Mercatoria. It seeks to provide a comparative overview of emerging trends in international business regulation and aims to make students aware of ethical dimensions of international business transactions. Topics to be covered include International Trade within the contexts of public and private international law and international politics; Development and underdevelopment of commercial laws in international trade; mergers and acquisitions; counter trade as an alternative to current system of international business and trade; international franchising and agencies abroad; international commercial dispute settlement mechanisms; international corruption and the bribery of foreign officials; doctrine and practice of the New Lex Mercatoria.

Details

This module appears in:


Contact hours

10 hours of lectures and 10 hours of seminars.

Method of assessment

50% coursework, consisting of one essay of 3000 words and 50% examination.

Preliminary reading

See the library reading list for this module (Canterbury)

See the library reading list for this module (Medway)

Learning outcomes

Students who successfully complete this module will have:

knowledge and understanding, including an introduction to a range of critical and theoretical perspectives, of the structure and distribution of power among states and the effects of this on international trade as well as parties in different states;
knowledge and understanding of the legal rules governing international trade;
an introduction to and understanding of international business transactions;
knowledge and understanding of current developments in international trade regulation;
an ability to identify the legal validity of contracts governing international business transactions;
an ability to identify the institutional structures of hegemony and identify their causal power in determining the way in which individuals and corporate persons may respond to them within the national and international system;
an ability to evaluate the impact of a range of treaties and Statutes of England and Wales on the emergence and development of:
- Free trade
- Dispute resolution
- Anticorruption and money laundering
an ability to read and evaluate legal texts and cases and understand their relevance to international trade and cross national business transactions.

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