International Commercial Law

General characterization

Prerequisites

Not Applicable

Bibliography

The book “Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law”. Oxford: Hart Publishing, 2022. 8th ed. in six volumes should be available in the library, probably two copies.

To limit costs for students some of the relevant articles published on SSRN and some directly relevant sections of the book will be made available on Moodle.

 

Other bibliography:

Brito, M. Helena - Direito do Comércio Internacional, Coimbra, Almedina, 2004

Lima Pinheiro, Luís - Direito comercial internacional, Coimbra, Almedina, 2005

França Gouveia, Mariana - Curso de Resolução Alternativa de Litígios , 3a ed., Coimbra, Almedina, 2014

Ferreira de Almeida, Carlos, “Incoterms: estrutura e qualificações”, in Themis, Almedina, n. 6, 2018, pp. 57-71

Houtte, Hans van - The Law of International Trade, 2a ed, London, 2002

Kroll, Stefan, Mistelis, Loukas, and Viscasillas, Pilar Perales (ed.), UN Convention on contracts for the international sale of goods (CISG): A commentary, 2a ed, Beck, 2018

Teaching method

The classes will be taught in English. The course will be given in seminar style for a maximum of 30 students and proceeds from questions and answers. 

The topics will be distributed to students as part of the syllabus together with the relevant materials and they are expected to come prepared. 

After the first class, each class will start with further questions from each participant on the themes of the previous class. 

Evaluation method

There will be a closed book two hours written exam. The idea is that students who have prepared classes, demonstrably participated in the seminars, and worked with the Professors should pass without difficulty.

Subject matter

1. The size of the international flows in goods, services, money, information, and technology.
2. Globalisation and the importance of production and distribution chains operating cross border.
3. The notions of commerciality and internationality, their legal significance.
4. The emergence of a transnational commercial and financial legal order in the professional sphere and the operation of modern lex mercatoria and its sources in that order.
5. Law as a dynamic concept and force in these flows.
6. The role and status of uniform treaty law, customary law, fundamental and general principle, party autonomy.
7. Traditional private international law approach and the one of public international law compared.
8. The residual role and importance of national laws in the modern lex mercatoria.
9. Public policy and transnational minimum standards in the international marketplace?
10. The modern notion of contract law in the international flows. Common or civil law or something else? EU?
11. The modern notion of movable property law in the international flows.
12. Party autonomy and the creation and operation of proprietary rights.
13. The asset status of rights, services, information, and intellectual property.
14. International assignments of monetary claims.
15. Crypto assets, property rights, and transfers.
16. The role and importance of international finance.
17. Public policy: Competition, state aid, commercial and financial regulation.
18. Dispute resolution, national courts, and their jurisdiction. International arbitration.
19. Vienna Convention on the Sale of Goods (CISG).
20. Trade terms.
21. Transportation and insurance risks.
22. Payment risk, intermediaries and documents.
23. International commercial law and politics.
24. International commercial law and technology.
25. International commercial law and ESG.

Programs

Programs where the course is taught: