(Word Count – 3900 words. State relevant statutes, Lexis/Nexis PSL and Practical Law. Must incorporate at least 10 academic law journal articles and include at least 15 case laws (preferably supplement those from the 21st century); use OSCOLA referencing, and based on UK Law and International Trade Law).
A widespread acceptance of the United Nations Convention on International Sale of Goods by States appears to have the potential to bring some clarity and consistency. However, the differences in cultural approach between national courts and arbitral tribunals militate against clarity and consistency. A flourishing long-term future of the Convention is dependent on how certain innovative features of this Convention, especially the doctrine of fundamental breach of contract, are interpreted by national courts. Critically Discuss.
Hints:
You may find the course syllabus and resources below helpful.
You must include a short introduction and a conclusion.
Resources: Course Syllabus
Nature and sources of International Trade Law include:
- GATT 1947.
- GATT 1994 and the WTO 1995.
- International organisations such as UNCITRAL and UNCTAD.
- CISG, Hague-Visby Rules, Rotterdam Rules.
- Non-governmental organisations such as: CMI, FIATA and the ICC.
- ICC formulations: UCP, ISBP, INCOTERMS.
- Common industry terms: CIF, FAS, FOB.
- Insurance Act 2015.
- Arbitration Act 1996.
- Sale of Goods Act 1979.
- Circumstances in which the sources of international trade are applied.
- How do Rome I Regs apply to contractual obligations and Rome II Regs apply to non-contractual obligations.
Resources:
- Rome I Regulation has replaced the Rome Convention in the EU. Uniform regulations detailing the governing law for non-contractual obligations (Rome II Regulation) is an absolute novelty for European countries.
- Rome I and Rome II (Rome Regulations) can be seen as a single set of uniform rules which apply directly to Member States and replace their domestic conflict of law rules. They cover certain types of contractual, non-contractual, and pre-contractual obligations in those situations where there is a conflict of law.
- Both Rome Regulations recognise party autonomy and therefore allow parties to select their own governing law. However, where no valid choice of law is made by the parties, the Rome I Regulation provides specific rules applicable to certain circumstances (Art 4). Rome II Regulation provides a general rule as to the applicable law (the lex loci damni (Art 4(1)).
- The Rome Regulations also contain “escape clauses” which allow a departure from the specific rules, for example where it is clear from the relevant circumstances that the situation is manifestly more closely connected with another country, in which case the law of such other country will apply.
(iv). The effect of Brexit on the UK’s conflict of laws.
(v). Nature and understanding of SGA 1979;
Resources:
- Sale of Goods Act plays an important role in international trade law. The original Sale of Goods Act 1893 (SGA 1893) codified many of the common law provisions regulating contracts for the sale of goods. The SGA 1893 Act contains detailed rules governing contracts for the sale of goods and applied to those contracts formed after 1 January 1894. Despite amendments, the SGA 1979 is very similar in content in many ways to the SGA 1893. As such, many of the cases we will cover were decided by the courts before the enactment of the SGA 1979.
(vi). How can SGA 1979 apply to international commercial sale of goods contracts, including implied terms under the SGA.
(vii). Consumer Rights Act 2015.
(viii) Understanding of differences between the sale of goods and other commercial transactions.
(ix). Documentary contacts function in international trade.
(x). CIF contracts, their applications and interpretations under English law.
Additional Reading
Control of goods carried by sea and practice in e-commerce in Journal of Business Law- Article by Liang Zhao
What is needed to get rid of paper? A new look at delivery orders in Journal of International Maritime Law – Article by Miriam Goldby 2015
Electronic Data Interchange (EDI) and formation of contract: a Malaysian perspective in International Journal of Law & Information Technology – Article by Z.A. Zainol 1999
Core Text: Carr, I. Stone, R. International Trade Law (Sixth Edition, Routledge, 2018), pp.407-497.
Discrepancy of documents in letter of credit transactions in Journal of Business Law -Article by Clive M. Schmitthoff 1987
Fortis Bank SA/NV v Indian Overseas Bank in Queen’s Bench Division (Commercial Court) | September 25, 2009 | 2009 WL 2946905 – Legal Case Document 2009
Oliver v Dubai Bank Kenya Ltd in Queen’s Bench Division (Commercial Court) | September 24, 2007 | 2007 WL 2573907 – Legal Case Document 2007
Taurus Petroleum Ltd v State Oil Marketing Co of the Ministry of Oil, Iraq in Queen’s Bench Division (Commercial Court) | November 18, 2013 | 2013 WL 6047231 – Legal Case Document 2013
