LL.M. IN INTERNATIONAL TRADE LAW - Contracts and dispute resolution

Course structure - LL.M. Programme

The LL.M. is an intensive course of one full year duration structured in three different parts as follows:

PART I

 

DISTANCE LEARNING - 10 European Credits

 

During this first part participants will be provided with preliminary and essential material in order to acquire the pre-requisite entry level knowledge in the disciplines of Part II.
In this phase of preparation students will be assisted on the following topics:

  • introduction to trade economics, including evolution and features of the world’s current trading system
  • introduction to contract law in major legal systems
  • international trade and other regulatory issues
  • preferential trade agreements and regional trade agreements

During this phase of distance learning, participants will have access to an on-line platform, through which they will be given access to the material, while receiving advisory support from a dedicated tutor.

(15 November  2011 - 4 February 2012)
   

PART II

 

FACE TO FACE LEARNING - 40 European Credits
(18 weeks’ duration)

 

Module I - 10 European Credits

Institutions Specialized in the Field of International Trade Law and English Legal Drafting Techniques

(20 February - 16 March 2012)
  • The Role of UNCITRAL and its Working Mandates – An Overview
  • Issues of Harmonization of Laws in International Trade from the Perspective of UNCITRAL
  • Introduction to International Trade Theory, Policy and Institutions: Harmonization of International Trade Law: Multilateralism and Bilateralism
  • Globalisation and Harmonisation: Recent Economic Issues
  • Visit to the Library and Documentation Centre of the University Institute of European Studies (IUSE) - Presentation on: "EU Legal and other Official Online Databases"
  • Visit to the Law Library - Presentation on: “Legal Databases”. How to Conduct Legal Research; How to Draft a Thesis
  • Terminology. Legal Writing and Drafting Techniques
  • The International Chamber of Commerce and its Work – An Overview
  • International Business Transactions and WTO Rules (1 week)
  • Legal Writing: False Friends
  • Trade Law and Human Rights

 

Module II - 20 European Credits

Contracts: General Principles, Contract Types, Corporate/Investment, IPR, Competition and Taxation Laws

(19 March - 25 May 2012)
 

General Aspects

  • The UNIDROIT General Principles of Contracts
  • General Principles Governing the Law of International Contracts
  • Contract Formation
  • Letters of Intent and Other Pre-contractual Documents
  • Frustration, Hardship and Force Majeure
  • Vienna Convention
  • Council Regulation (EC) n. 44/2001 (Brussels I)
  • (EC) Regulation Rome I and Rome II
  • EU Contract Law
  • Vienna Convention: Case Study
  • Council Regulation 44/2001and Regulation Rome I - Case Study
  • Export Transactions – Links between Sale, Carriage and Banking Contracts
  • INCONTERMS 2010
  • Council Regulation 44/2001
  • Regulation Rome I, Brussels I and Vienna Convention - Case Study and Exercise
  • Contract Damages from the Standpoint of Domestic and International Perspectives
  • Payment Warranties
  • Modes of Payment
  • International Aspects of Insolvency Law
  • Refinement of Research under the Supervision of the Personal Tutor and the Professors

Types of international contracts

  • Agency and Distribution Agreements
  • Construction, Engineering and Supply Contracts
  • Public Procurement
  • Contracts Financing (Leasing Contract/Factoring Contract)
  • State and Oil Contracts
  • Consumer Contracts - Distance Sale and E-commerce Consumer Contracts

Corporate and company laws

  • Models of Corporate Governance: Theory and Practise
  • International Merger & Acquisitions
  • Due Diligence/R&W/Price Mechanisms
  • Structuring an International Joint Venture (Case study)
  • How to Conduct a Successful Acquisition of a Company - Case Study

Intellectual Property Rights

  • Intellectual Property Rights
  • Trade Marks and Patents
  • Legal Protection of the Design
  • Technology Licence Agreements
  • Trade Marks in Cyberspace
  • Contracts for the Exploitation of IP Rights Merchandising/ Licensing/ Franchising Contracts
  • Technology Licence Agreements – Case Study

Antitrust

  • Introduction to Competition Policy
  • Key Aspects of Cartels and Concentration in EU-USA
  • Key Aspects of Abuse of Dominant Position in EU-USA
  • China: Economic Performance, Competition and Cooperation

Taxation - Investments

  • International Taxation Rules and their Influence on Multinational Enterprises’ Performance
  • Case study: Impact of Tax Policy in Establishing a New Company in EU/USA
  • Investment Protection under Multilateral and Bilateral Treaties- Washington Convention
  • Role-play: Negotiation of an International Contract
 

Module III - 10 European Credits

Moot Court & Arbitration

(28 May -22 June 2012)
  • Introduction to International Dispute Resolution
  • International Commercial Arbitration
  • Recognition and enforcement
  • Presentation of the ICC Arbitration Rules
  • Commercial Mediation: Introduction, Rules, Proceedings and Mock Case
  • Alternative Dispute Resolution
  • Moot Court
  • Career Day
  • Submission of Final Draft of Students’ Dissertations
  • Presentations of Essay or Dissertation
  • Closing Ceremony

  • Ms Birgit Sambeth Glasner, Altenburger LTD, Genève
  • Mr Pierre Tercier, Université de Fribourg, Honorary President ICC International Court of Arbitration
  • Ms Clarisse Von Wunschheim, Law Consultant, Université de Fribourg, Switzerland
 

During each module participants will be requested to sit for writing exams:

Distance Learning: Written Test
Module I: Written Test
Module II: A) Written Test
B) Case study (which will be advanced from a simulation)
C) Oral discussion of case study
Module III: Written Test

 

 
   

PART III.

 

FINAL DISSERTATION - 10 European Credits

 

The third part consists of the submission of the final thesis/dissertation by the end of November 2012 supervised by an advisor or by a Module coordinator.

The Master Thesis will deal with an issue raised in general terms in the taught course, whereby the student will further analyse the topic in its specific context presenting his/her own arguments and findings.

The Master Thesis has to be written in English.