JJUA55030U European and International Commercial Law
Within the European Union, indeed around the globe,
international business transactions (IBTs), typically involving
parties whose places of business are in different States, are
regulated by a series of specialized rule-sets. These rule-sets are
designed to promote “de-nationalization” of international business,
thus levelling the commercial playing field, while promoting
competition and trade. The internationalization trend affects not
only substantive rule-sets (e.g., the law of obligations, including
contracts and sales), but also regional and international rules
which regulate IBT dispute resolution (by litigation or
arbitration) and choice of law (Private International Law: PIL)
rules. Internationalization also impacts profoundly on substance,
dispute resolution and PIL in “tort” (delict), e.g. product
liability.
EICL is thus an inter-disciplinary course designed to promote
understanding of how key substantive, procedural and private
international law (conflict-of-laws) rule-sets operate in relation
to IBTs, primarily as regards transactions and disputes involving
contract and tort. Starting with the international contract of sale
as a substantive (contract law) paradigm, the course considers
concrete cases and problems arising under the Vienna Sales
Convention (CISG). The corresponding substantive paradigm for
non-contractual obligations is the EU Product Liability Directive
(PLD). The CISG and PLD then provide a platform for the exploration
of procedural and conflict issues in a larger regional and
international context, involving the international competence
(jurisdiction) of national courts and international arbitral
tribunals, choice of applicable law (in litigation and
arbitration), recognition and enforcement of foreign judgments and
arbitral awards etc. The course includes consideration of key
decisions, by the European Court of Justice and national courts
applying European and international rules and conventions, e.g.:
• UN Convention on Contracts for International Sale of Goods (1980)
• EU Product Liability Directive (1985)
• EU (Rome) Convention on Law Applicable to Contractual Obligations
(1980); Rome I Regulation (2008).
• EU (Rome II) Regulation: Law Applicable to Non-contractual
Obligations (2007)
• EU Brussels I Regulation (2000)
• UNCITRAL Model Law on International Commercial Arbitration (2006)
• UN (New York) Convention on Recognition & Enforcement of
Foreign Arbitral Awards (1958).
Emphasis is placed on knowledge and skills relevant for
practitioners who deal with litigation and arbitration of
commercial problems at the transnational level. A significant part
of the course is characterised by the use of the Case Method of
study, and all students are required to participate in a series of
case “Presentations” (see below). The students’ acquired knowledge
of the course materials, including various case studies – as well
as the underlying general principles which govern the resolution of
similar cases - is tested both during in-class Presentations and
later in an oral Final Exam (see below). On-line e-exercises will
provide students with ample opportunity to practice their skills
throughout the entire course.
Main Topics
• Weeks 36, 37, 38, 39 (12 hrs): General Introduction: Substance,
Procedure & Conflict of Laws. Convention on Contracts for the
International Sale of Goods (CISG). EU Product Liability Directive.
• Weeks 40 & 41 (6 hrs): Juridical Jurisdiction: EU Brussels I
Regulation
• Weeks 43, 44, 45 (10 hrs): Law Applicable to Contractual &
Non-Contractual Obligations: EU Rome I & II Regulations.
Recognition & Enforcement of Judgments under national law and
Brussels I Regulation.
• Weeks 46, 47, 48 (6 hrs): International Commercial Arbitration:
Model Arbitration Law; UNIDROIT Principles (Lex Mercatoria);
Recognition & Enforcement of Arbitral Awards: New York
Convention.
The objective of the course is to enable the students to:
- Explain in English the structure and function of EU and
Private International Law rules covered by the required reading
material for the course
- Identify complex EU and Private International Law
problems
- Analyze complex EU and Private International Law
problems
- Argue in favor of various tenable solutions, make a
critical weighing of the relevant arguments and make a reasoned
choice in relation to theoretical and practical considerations
- Put into perspective concrete relevant EU and Private
International Law problems in a way that shows that she/he has a
professional breadth of view in relation to and knowledge about the
course subject
- Communicate and formulate her/his knowledge and
arguments professionally and linguistically correct and in a way
that is structured and coherent
1. J. Lookofsky: Understanding the CISG (4th Worldwide ed.
2012): Ch. 1-7.
2. J. Lookofsky & K. Hertz: EU-PIL (1st ed. DJOEF & Juris
Pub. 2009): Ch. 1-6.
3. On-line materials: cases (case law), law journal articles, etc.:
appx. 200 pp.
Total Required Reading: about 550 pages.
In addition, since the exam will be a written examination (see below), students should be reasonably proficient in their ability to write English
- Category
- Hours
- Preparation
- 241
- Seminar
- 34
- Total
- 275
- Credit
- 10 ECTS
- Type of assessment
- Written examination, 4 hours under invigilationWritten with supervision, 4 hours
The student's grade is based on the result of a 4-hour final written exam (with supervision). The exam is “open book” (all materials allowed). In addition, during the regular part of the course, each student must participate in 2 or more oral in-class "Presentations" on topics/cases which relate to the Required Reading. These Presentations are made by Teams (3 or 4 students per Team), but each student's contribution is evaluated separately on a pass/fail basis (if a student's contribution is not satisfactory, that student must make another Presentation at a later date; the same applies in case of cancellation due to illness, etc.) NB: only students who participate satisfactorily in these Presentations will be allowed to take the Final Exam. - Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
- 17. December 2014, 2 p.m. - 6 p.m.
Course information
- Language
- English
- Course code
- JJUA55030U
- Credit
- 10 ECTS
- Level
- Full Degree MasterFull Degree Master choice
- Duration
- 1 semester
- Placement
- Autumn
- Schedule
- A2 (Tues 10-12 + Thurs 13-17)
- Continuing and further education
- Study board
- Law
Contracting department
- Law
Course responsibles
- Joseph Lookofsky (16-567b7f717c743a587b7b777b727f77854c76817e3a77813a7077)
Lecturers
Professor, dr.jur. Joseph Lookofsky (www.jur.ku.dk/josephlookofsky)