LAWS6958 - Comparative Commercial Contracts
Objectives
- Considers the nature and sources of commercial law in a transnational context by exploration of the movement to unification by way of codification or restatement of commercial law in its international dimensions.
- Examines the transnational institutions responsible for promulgating restatements of commercial law and the resurgence of the concept of a lex mercatoria as it is used in international commerce.
- The use of international instruments to unify commercial law that regulates international commerce, taking as an example the UNIDROIT Principles of International Commercial Contracts as a basis for exploring general (transnational) principles of contract law.
- Adopts a comparative approach, contrasting different methods of dealing with contract principles under various national laws and other international instruments and restatements of law.
Content
Commercial law in a transnational context; Restatement of commercial law in its international dimensions;
Transnational institutions responsible for promulgating restatements of commercial law; Resurgence of the concept of a lex mercatoria; Private international law aspects of transnational commercial law; The use international instruments to unify commercial law that regulates international commerce; The UNIDROIT Principles of International Commercial Contracts; general (transnational) principles of contract law
Assumed knowledge
Undergraduate Law Degree
Session
Semester 2 Intensive
20, 21 August & 3, 4 September 2010 (9-5)
The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.
Assessment
- Class Participation/Presentation (30%)
- 1 x 7000 Word essay (70%)
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