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:
- Comments on International Trade Law by Professor Rafiqul Islam
- International Trade Law by Lord Templeman
- Law of International Trade by Pamela Sellman
- International Trade Law by Janette Charley
- International Trade Law by S. C. Chhua
- Law of Carriage by Avtar Singh
- Mercantile Law by M.C. Kuchhal
- Carriage by Sea by Carver
- Carriage of Goods by Sea by Payne & Ivamy
- Charter parties and Bills of Lading by Thomas Edward Scrutton
- The WTO After Seattle by Jeffrey J. Schott (Editor)
- An Introduction to the WTO Agreements by Bhagirat Lal Das
- International Trade Law by Indira Carr,
- Shipping Law By S Baughen
- Understanding International Trade Law by Simone Schnitzer,
- 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)
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