LAWS6958 - International Contract Law
There are fundamental principles of contract law governing international commerce. These principles constitute international contract law - an autonomous body of the law governing obligations, rather than national contract law on an international scale. This unit examines the resurgence of the concept of a new lex mercatoria as it is used in international commerce. Using the Unidroit Principles of International Commercial Contracts, now in its third edition, as a fundamental statement of the principles of international contract law, we examine the structures and principles of international contract law as they apply in international contract practice and how they differ from national contract laws.
Other statements of general contract or sales principles are considered and compared with the Unidroit Principles. These statements include the UN Convention on Contracts for the International Sale of Goods (CISG), the European Principles of Contract Law (PECL), the EC Draft Common Frame of Reference (DCFR), the US Restatement of Law (Second) Contracts, the US Uniform Commercial Code (UCC) and the Trans-Lex Principles of Transnational Law.
Unity and harmony of transnational contract law proceeds within an institutional framework. That institutional framework includes the rules of private international law. We also examine the legal institutions relevant to sources of private international law as applied to international commercial contracts. We consider the recognition internationally of a principle of party autonomy and the boundaries to the ability of parties to choose private systems of law to govern contractual relationships.
Session
Semester 2 Intensive
6, 7 September & 11, 12 October 2013
The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.
Assumed knowledge
Undergraduate Law Degree
Please note: This unit replaced LAWS6958 - Comparative Commercial Contracts.
Assessment
- Class Participation/Short Issues Paper/Preparedness to discuss issues and class attendance (30%)
- 1 x 6,000 Word essay (70%)
Legal Professional Development (LPD)
You can credit this unit towards Legal Professional Development (LPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Enrolment.
Courses this unit is available in
Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Business Law | Master of International Law | Master of International Business and Law | Graduate Diploma in Commercial Law | Graduate Diploma in International Law | Graduate Diploma in International Business Law
