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| Udgave: |
Jura Bacheloruddannelsen 2012/2013 |
| ECTS points: |
7.5 ETCS |
| Punkter: |
7.5 ETCS |
Semester: |
Autumn |
| Varighed: |
Two (2) weekly lectures (Tuesday 8-10am OR 10-12am AND Wednesday 8-10am OR 15-17pm) for all students plus one (1) additional weekly class session (Thursday 13-15am OR 15-17pm OR 17-19pm (=6 hours pr. week; 8-week “Compact” course)
NB: 1st Day: Monday, 3.9.2012, 18.15 - 20.00pm in CSS ("Kommunehospitalet": see map in F-IV Absalon).
NB: The Syllabus reading assignment and on-line e-exercises for the 1st Day will be available for registered students in the EICL Absalon on 27.8.2012 |
| Studieordning: |
2006-studieordning |
| Uddannelsesdel: |
Bachelor niveau |
| Kontaktpersoner: |
Professor, dr.jur. Joseph Lookofsky |
| 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 levelling 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 (tværfaglig) 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) Convention on Law Applicable to Contractual Obligations (1980); Rome I Regulation (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) type 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) MC-type Exam (see below). All course materials, including various on-line materials (see below), as well as the electronic MC-type exercises, are in the English language and all instruction and discussion will be conducted in English.
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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: On-line Trial Exam (3 hrs.); Trial Exam DB review (1 hrs.)
• Week 8: Final MC-type Exam
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| 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 EU and Private International Law problems - Analyze EU and Private International Law problems
- Argue (within the MC exam format) in favour 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 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 exam with “MC”-type questions. The exam is "open book" (all written materials are allowed: but electronic devices - PC, USB etc. - are not allowed)
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| Eksamen: |
Wednesday 31 October 2012 (9-12am)
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| Kursus hjemmeside: |
 |
| Bemærkninger: |
This course is only available to University of Copenhagen Law Faculty BA students.
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| Pensum: |
1. J. Lookofsky: Understanding the CISG (4th Worldwide ed. KLI & DJOEF 2012), Ch. 1-7. (with certain omissions: details in Absalon) 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 pensum: OLP, consisting of cases (case law), law journal articles, etc. 100 pp. (appx.: see details in Absalon)
Total Required Reading (Pensum): 450-500 pages (appx.)
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| Sidst redigeret: |
8/6-2012 |