Syllabus on International Trade Law

Syllabus

on

International Trade Law

Course Teacher: 

Dr. Zulfiquar Ahmed

Associate Professor

Department Of Law 

Rajshahi University

1. Introduction to International Trade Law (2 Classes): Definitions - international trade and commerce; Basic Idea on International Trade; Origin and Development of International Trade Law; Nature and Scope;  International trading system- liberalization of trade and commerce; The globalization of the world economic, political and financial systems; The role of international trade in the global development; The impact of globalization on the global trading system; The problem of sustainable development and international trade; The international trade and human rights; International legal framework for the international trade; Different Principles, Terms and Issues.

2. Sources of international trade law (1 Class): International treaties- kinds, significance and the sphere of application; Bilateral treaties- kinds, significance and the sphere of application; Uniform laws; Codes of conduct; Arbitration rules; Acts of international organizations; National legislation as applicable to international trade.

3. Legal regimes in international trade (2 Classes): Principle of MFN and corresponding legal regime of trade; Principle of national treatment and corresponding regime of trade; Discriminatory regimes in international trade; GATT/WTO and the principles of free trade; Tariffs, trade measures, export/import duties in international trade; Unification in the field.

4. International Finance Institutions (1 Class): The Contribution of Brettonwoods Systems- International Finance Institutions, World Bank, IMF, GATT/WTO, Role of UNO, UNCTAD, UNICITRAL.

5. WTO System (6 Classes): GATT/WTO and the principles of free trade; Globalization of International Trade; Conflict of Laws; Objectives, History, Structure and Future of WTO, WTO and International Trade, Impact of WTO Policies in International Trade, Trade­Related Aspects of Intellectual Property Rights (TRIPS) Agreement, Tariffs, GATT Article XX; General Exceptions: The Chapeau of GATT Article XX; Subsidies and Countervailing Measures; Dumping and Antidumping; Safeguards; Agreement on Sanitary and Phytosanitary Measures; Agreement on Technical Barriers to Trade (TBT); Trade in Services (GATS);  World Trade Agreement on Agriculture and on Service, Dispute Settlement Procedure of WTO; The WTO and Developing Countries.

6. International Sale Contract (4 Classes): Definition of an international commercial contract;; Legal peculiarities of an international commercial contract; Mostly used international commercial contracts; international contracts of the sale of goods- Definition of an international contract for the sale of goods; form of a contract; validity of a contract; formation of a contract; Nature of goods; Property and title; Possession and Delivery; Risk and Frustration; Contents of Contract; Performance of Contract and Remedies in case of Breach,; The UN Convention on the Contracts for the International Sale of Goods 1980 - the adoption of the Convention; the sphere of its application; the liability of a guilty party under the Convention; the limits of liability and the force majeure clauses; Principles of international commercial contracts (UNIDROIT, 1994); The Hague Convention on the Law Applicable to Contracts for the International Sale of Goods, 1987.

7. INCOTERMS 1990 (2 Classes):  General characteristics of INCOTERMS; Characteristics of the groups of terms; CIF Contract - obligation of the seller, duties of the buyer & duties of the seller; FOB Contract – duties and obligation of the parties; AFS Contract; Other forms of contract in international trade; International Law relating to Bill of Trading and Shipments.

8. International financing trade (4 Classes): Legal regime of international trade finance; Bills of exchange- The Geneva Uniform Laws on the bills of exchange; The Negotiable Instrument Act 1881 (Bangladeshi law position); bankers’ acceptances; Cheques- the Geneva Uniform Laws on the cheques; common law position as regards cheques; Bank remittances; Collection arrangements; Letter of credit (LC)- Kinds of the letter of credit; Commercial letters of credit; Documentary Credits and standby letters of credit; International financial leasing arrangements; International factoring; Forfeiting in international trade; Suretyship and Guarantees: independent default guarantees; Contemporary Issues in the Area of International Banking and Finance Law;

9. International Carriage of Goods by Sea, Air and Land (3 Classes): Carriage of Goods by Sea- Brussels Convention 1924 (Hague Rules), Brussels Rules (Visby Rules), UN Convention 1978 (Hamburg Rules), Bill of Lading, Types and Functions of Charter Party, Freight, Insurance against Contracts in International Trade, Marine Insurance

10. Insurance against contract in international trade (1 Class): Use of negotiable instruments in international trade; Marine Insurance- Formulation of Marine Insurance Contract Insurable interest – Losses; Aviation Insurance and International Trade.  

11. Dispute Resolution in International Trade & Arbitration (4 Classes): WTO Dispute Resolution Mechanism, International trade law & international commercial arbitration; International Commercial Arbitration, Theory and Institutional Structure of Arbitrations, Mechanism for settlement of International Trade Disputes, UNCITRAL Model Law on Arbitration, 1985; ICSID Arbitration; UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958; Domestic Implementation of Foreign Arbitral Award; The Arbitration Act 2001-  The arbitration agreement; the constitution of the arbitral tribunal; applicable law issues, including consideration of the law governing the arbitration, the role of the seat, and the role of national courts; procedure in international arbitration; the jurisdiction of the arbitral tribunal; the role of arbitral institutions; the arbitral award and challenges to the award; and recognition and enforcement of the award.

Suggested Readings:

1. Comments on International Trade Law  by Professor Rafiqul Islam
2. International Trade Law  by Lord Templeman
3. Law of International Trade by Pamela Sellman
4. International Trade Law by Janette Charley
5. International Trade Law  by S. C. Chhua
6. Law of Carriage by Avtar Singh
7. Mercantile Law  by M.C. Kuchhal
8. Carriage by Sea by Carver
9. Carriage of Goods by Sea by Payne & Ivamy
10.  Charter parties and Bills of Lading by Thomas Edward Scrutton
11.  The WTO After Seattle by Jeffrey J. Schott (Editor)
12.  An Introduction to the WTO Agreements by Bhagirat Lal Das
13.  International Trade Law by Indira Carr,
14.  Shipping Law By S Baughen
15.  Understanding International Trade Law by Simone Schnitzer,
16.  Cases and Materials on International Trade Law by Paul Todd,

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)