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