Transnational Commercial Law II

Mål og innhald

The main characteristic of this course is that it is not based on a singular national law but is supranational in its approach.

Cross-border commercial transactions are increasing. Such transactions have become a common undertaking for a wide range of companies of all sizes. Cross boarder trading faces particular legal problems. One of them is the fact that the application of conflict of law rules causes a substantive amount of insecurities and thereby obstacles for business planning. The harmonization of international trade law is a way to avoid these problems.

The course "Transnational commercial law" deals with that set of rules which governs international commercial transactions and is common to a number of jurisdictions. Its subjects are international instruments of various kinds: conventions, EC directives and model laws, as well as codifications of international trade usage. These rules are underpinned by the general principles of commercial law (lex mercatoria).

The course is divided into three parts. The first part of the course concentrates on the history, general framework, policies and general problems of transnational commercial law.

The second part of the course examines specific international trade conventions, model laws and contractual codes (for example Sales, Agency, Financial Leasing, Factoring, Assignment, interests in mobile equipment, transactions in securities).

In the third part students will get basic knowledge in regard to international instruments governing transnational insolvency and international dispute resolution. The final part deals also with recurrent issues of harmonization and will bring together different elements that were taught in the former parts.

Læringsutbyte/resultat

Students will be able to explain the relevant international instruments and will be able to apply them in all sorts of practical cases. They will be able to find solutions within the instruments on their own.

Undervisningssemester

Autumn (Exam each semester).

It is suggested to combine TCL II with TCL I.

Combines successfully with JUS278-2-A Comparative Private Law, JUS274-2-A Comparative Company Law & Economics 1: Theory and Structure, JUS280-2-A Introduction to Arbitration and International Dispute Settlements.

Undervisningsspråk

English.

Krav til forkunnskapar

Three years of university studies. Good or basic active command of English is rather required.

Tilrådde forkunnskapar

Three years of law studies.

JUS279-2-A

Fagleg overlapp

No academic overlapping with courses at the law faculty in Bergen.

Undervisning og omfang

Lectures.

Obligatoriske arbeidskrav

None

Vurderingsformer

Exam each semester.

Four hours school exam. A - E for passed, F for failed.

Exam language:

• Question paper: English
• Answer paper: English, German, French or Norwegian/Scandinavian

Support materials allowed during school exam:

See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.

Special regulations about dictionaries: 

• According to the Regulations for Studies, one dictionary is permitted support material during the examination. Bilingual dictionaries containing for example both Norwegian-English and English-Norwegian are considered as one dictionary.
• Bilingual dictionaries to/from the same two languages - for example Norwegian-English/English-Norwegian - in two different volumes are also considered as one dictionary (irrespective of publisher or edition).
• Dictionaries as described above cannot be combined with any other types of dictionaries.
• Any kind of combination which makes up more than two physical volumes is forbidden.
• In case a student has a special need for any other combination than the above mentioned, such combination has to be clarified with/approved by the course coordinator minimum two weeks before the exam. Students who have not been granted permission to have a special combination minimum two weeks before the exam will be subject to the usual regulations (Section 3-5) about examination support materials.

Emneevaluering

According to administrative arrangements for evaluating courses at the Law Faculty.

Kontaktinformasjon

Course teacher: Associate Professor Andreas Fötschl

Administrative contact: elective-courses@jurfa.uib.no