Module Code - Title:
LA6011
-
INTERNATIONAL BUSINESS TRANSACTIONS
Year Last Offered:
2025/6
Hours Per Week:
Grading Type:
Prerequisite Modules:
Rationale and Purpose of the Module:
To build on the students' knowledge and understanding of commercial transactions in a cross-border environment. The aim of this module is to expose students to a comprehensive understanding of the laws which govern international business transactions both at the micro and macro level. Students will gain a deeper knowledge of the legal issues arising in international contracts for the sale of goods and the international financial instruments which support such commerce.
The Grading type for this module is Normal. The level of Award is Level 9 and the module is to be centrally scheduled in the same manner as other taught postgraduate modules.
Syllabus:
The module will examine the following legal issues that arise in international transactions:
International contracts for the sale of goods, problems of formation, construction and enforcement, including e-commerce transactions, choice of law and jurisdiction issues.
Import regulation: WTO regime; US Trade authorities; US import controls; free trade agreements; tariffs; classification, valuation and origin principles; non-tarriff barriers
Export regulation: Export controls from the US; export licenses; national security issues; exports to NAFTA jurisdictions; exports to EU jurisdictions
Contextualising international trade: Anti-dumping and antitrust issues; Subsidies and countervailing subsidies; state trading entities; the Foreign Corrupt Practices Act and illegal payments abroad, US s.301 proceedings, and the US Boycott and Anti-Boycott rules.
International Finance, including letters of credit and ETF Transactions; off-shore banking and tax efficiencies
International Business Litigation and Dispute Resolution, arbitration and enforcement of arbitral awards; recognition and enforcement of foreign awards, including a documentary analysis.
Overseas investment, including investment in the EU, developing countries and investments in NAFTA members. Expropriation of overseas investments. Ethical investment policy.
Learning Outcomes:
Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)
On completion of this module a student will be able to:
Identify the role law has to play in international business transactions
Explain the fundamental basis of cross border contracting in international trade
Discuss the legal interaction between transactional free trade principles and the need to ensure a fair and level playing field through ant-dumping and countervailing duties
Critically analyse the role of the law in financing international transactions and the transfer of money across borders.
Relate the law of international business transactions to the dispute resolution framework and international enforcement of judgments.
Critique different theories on the expropriation of overseas investments and the role of unilateral and multilateral agencies in resolving disputes.
Relate the transactional law of international trade with emerging trends in ethical trade, investment, development and sustainability.
Affective (Attitudes and Values)
On completion of this module a student will:
Understand the role of the law in international business transactions
Understand how the law may impact upon private parties particularly where they conflict with state interests
Appreciate the need for a comprehensive legal environment within which international business transactions from sale to investment can take place.
Psychomotor (Physical Skills)
N/A
How the Module will be Taught and what will be the Learning Experiences of the Students:
The module is taught through a series of weekly seminars. Student will be assigned some reading material, and will be expected to conduct independent research, prior to each seminar, where they will be required to discuss the relevant issues.
The University of Limerick Graduate Attributes will be developed by:
Broadening students' knowledge and proactivity through encouraging independent and directed research
Emphasising student's responsibility to organise their time in an efficient manner and to work to specific deadlines
Enhancing students' creativity in how they approach independent research.
Promoting collaborative research by the students and requiring students to articulate their research findings in a group setting.
Research Findings Incorporated in to the Syllabus (If Relevant):
Prime Texts:
Can, I. (2009)
International Trade Law
, London: Routledge Press
Burnett, R. (2004)
Law of International Business Transactions (3e)
, USA: Federation Press
DiMatteo, L. (2002)
The Law of International Business Transactions
, USA: Thomson Learning
Folsom, R. et al. (2005)
Principles of International Business Transactions, Trade and Economic Relations
, USA: Thomson West
Other Relevant Texts:
Chow, D. and Schoenbaum, T. (2005)
International Business Transactions: Problems, Cases, And Materials
, USA: Aspen Pub
Programme(s) in which this Module is Offered:
Semester(s) Module is Offered:
Autumn
Module Leader:
karen.obrien@ul.ie