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| Udgave: |
Jura Kandidatuddannelsen 2011/2012 |
| ECTS points: |
10 ECTS |
| Punkter: |
10 ECTS = 1/6 årsværk |
| Point: |
10 |
Semester: |
Autumn 2011 |
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Joseph Lookofsky |
| Andre undervisere: |
Professor, dr.jur. Joseph Lookofsky ( http://jura.ku.dk/crs/english/staff/profile/?id=146772 ) & External Lecturers
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| Skema- oplysninger: |
 Vis skema for kurset
Samlet oversigt over tid og sted for alle kurser inden for Lektionsplan for Det Jurdiske Fakultet (kandidat) Jura Kandidatuddannelsen 2011/2012 |
| Undervisnings- periode: |
Two (2) weekly lectures (Tuesday AND Wednesday 10am-12pm) for all students plus one (1) additional weekly class session (Thursday 13-15am OR Thursday 15am-17pm)
1st Day: Tuesday, 6.9.2011 at 14:15-16:45. Only this first lecture is held at the Faculty of Social Sciences in Farimagsgade 5, building no. 34, ground floor, room 01 (also called "Christian Hansen Auditoriet"). For the time and location of other classes see http://skema.ku.dk/ibt1112/uk/ |
| Formål: |
Within the European Union, indeed around the globe, international business transactions (IBTs), typically involving parties whose places of business are in different States, are regulated by a series of specialized rule-sets. These rule-sets are designed to promote “de-nationalization” of international business, thus leveling the commercial playing field, while promoting competition and trade. The internationalization trend affects not only substantive rule-sets (e.g., the law of obligations, including contracts and sales), but also regional and international rules which regulate IBT dispute resolution (by litigation or arbitration) and choice of law (Private International Law: PIL) rules. Internationalization also impacts profoundly on substance, dispute resolution and PIL in “tort” (delict), e.g. product liability.
EICL is thus an inter-disciplinary course designed to promote understanding of how key substantive, procedural and private international law (conflict-of-laws) rule-sets operate in relation to IBTs, primarily as regards transactions and disputes involving contract and tort. Starting with the international contract of sale as a substantive (contract law) paradigm, the course considers concrete cases and problems arising under the Vienna Sales Convention (CISG). The corresponding substantive paradigm for non-contractual obligations is the EU Product Liability Directive (PLD). The CISG and PLD then provide a platform for the exploration of procedural and conflict issues in a larger regional and international context, involving the international competence (jurisdiction) of national courts and international arbitral tribunals, choice of applicable law (in litigation and arbitration), recognition and enforcement of foreign judgments and arbitral awards etc. The course includes consideration of key decisions, by the European Court of Justice and national courts applying European and international rules and conventions, e.g.:
UN Convention on Contracts for International Sale of Goods (1980)
EU Product Liability Directive (1985)
EU (Rome I) Regulation on Law Applicable to Contractual Obligations (2008)
EU (Rome II) Regulation: Law Applicable to Non-contractual Obligations (2007)
EU Brussels I Regulation (2000)
UNCITRAL Model Law on International Commercial Arbitration (1985)
UN (New York) Convention on Recognition & Enforcement of Foreign Arbitral Awards (1958).
Emphasis is placed on knowledge and skills relevant for practitioners who deal with litigation and arbitration of commercial problems at the transnational level. A significant part of the course is characterised by the use of the Case Method of study. In addition, electronic Multiple Choice (MC) exercises provide students with ample opportunity to practice their IBT skills (on-line) throughout the entire course. The students’ acquired knowledge of the course materials, including various case studies – as well as the underlying general principles which govern the resolution of similar cases - is tested in a (final) on-line “MC”-type Exam (see below). It should be emphasized, however, that since this is an “upper level” course, portions of the Required Reading will be treated as “self-study” or independent “group study” (i.e., not reviewed in class).
All course materials, including various on-line materials (see below), as well as the electronic MC exercises, are in the English language and all instruction and discussion will be conducted in English. For this reason, all students in this course must be able to read, understand and speak English well.
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| Indhold: |
Main Topic
Week 1 (6 hrs): General Introduction: Substance, Procedure & Conflict of Laws. International Sale of Goods (CISG).
Week 2 (6 hrs): International Sales of Goods: CISG (continued). EU Product Liability Directive.
Week 3 (6 hrs): Juridical Jurisdiction: EU Brussels I Regulation
Week 4 (6 hrs): Law Applicable to Contractual Obligations: EU Rome I Regulation.
Week 5 (6 hrs): Law Applicable to Delictual Obligations (Tort): EU Rome II Regulation. Introduction to International Commercial Arbitration
Week 6 (6 hrs): Commercial Arbitration: Model Arbitration Law. UNIDROIT Principles (Lex Mercatoria); Recognition & Enforcement of Judgments & Arbitral Awards: Brussels Regulation; New York Convention.
Week 7: Trial Exam; Trial Exam review & Question Session (2 hrs.)
Week 8: Final (on-line) MC-Exam |
| Kompetence- beskrivelse: |
The objective of the course is to enable the students to:
- Explain in English (within the MC exam format) the structure and function of EU and Private International Law rules covered by the required reading material for the course
- Identify complex EU and Private International Law problems
- Analyze complex EU and Private International Law problems - Argue (within the MC exam format) in favor of various tenable solutions, make a critical weighing of the relevant arguments and make a reasoned choice in relation to theoretical and practical considerations
- Put into perspective (within the MC exam format) concrete relevant EU and Private International Law problems in a way that shows that she/he has a professional breadth of view in relation to and knowledge about the course subject
- Communicate and formulate (within the MC exam format) her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent
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| Eksamensform: |
The student's grade is based on the result of a written, 3-hour on-line exam with “MC”-type questions.The exam is "open book" (all written materials allowed). |
| Eksamen: |
24.-28. October 2011
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| Kursus hjemmeside: |
 |
| Kursus hjemmeside: |
Only registered students have access to the inter-active course Virtual Learning Environment (Absalon System), but interested prospective students are invited to browse/surf the “external” course home page. See: http://jura.ku.dk/students/courses/master/european_int_commercial_law/ |
| Bemærkninger: |
This course is only available to international exchange students. The course will, however, also be available with reduced required reading ("pensum") to Danish students at the undergraduate level.
Students are expected to have completed a basic (national law) course in Private Law or the law of Obligations (Contracts & Torts) and must be able to read, understand and speak English well. |
| Pensum: |
1. J. Lookofsky: Understanding the CISG (3rd Worldwide ed. 2008): Ch. 1-7. 168 pp.
2. J. Lookofsky & K. Hertz: EU-PIL (1st ed. DJOEF & Juris Pub. 2009): Ch. 1-6 (with certain omissions: see Absalon). 190 pp.
3. On-line materials: cases (case law), law journal articles, etc.: 200 pp.
Total required course reading: about 550 pages. |
| Sidst redigeret: |
18/2-2011 |