Postgraduate Module Descriptor

LAWM130: International Commercial Law

This module descriptor refers to the 2021/2 academic year.

Module Aims

The aim of this module is to critically examine selected aspects of commercial law in relation to cross-border transactions. The aspects selected are likely to be particularly relevant to those in international commercial practice but the module also aims to give all students a solid grounding in advanced Commercial Law. It will critically examine, in detail, some of the challenges of cross-border commercial transactions, as well as harmonisation and uniform law initiatives. Although the point of departure for the module will be a critical evaluation of the principles governing cross-border transacting under the law of England and Wales, it will also critically consider in detail other regimes such as the Vienna Convention on the International Sale of Goods as well as proposals for the future development of this area of law (such as the Common Regional Sales Law and Digital Market Law). It will consider regional and global solutions governing transactions in securities. Finally, it will also examine the arbitration proceedings based on the UNCITRAL Model Law and the New York Convention.

Intended Learning Outcomes (ILOs)
This module's assessment will evaluate your achievement of the ILOs listed here - you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills	1. demonstrate detailed and systematic knowledge of, and an ability to critically analyse, evaluate and synthesise in context, the complex challenges (political, social, economic etc.) for, and possible responses to, cross-border transacting; 2. demonstrate detailed and systematic knowledge of, and an ability to critically analyse, evaluate and synthesise in context, complex principles governing cross-border transacting under the law of England and Wales; 3. demonstrate detailed and systematic knowledge of, and an ability to critically analyse, evaluate and synthesise in context, complex aspects of other key regimes governing transnational commercial law (such as the Vienna Convention on the International Sale of Goods) as well as proposals for the future development of this area of law (such as the proposed Common European Sales Law);
Discipline-Specific Skills	4. use internationally relevant legal and non-legal materials in relation to commercial law; 5. demonstrate detailed knowledge, through structured and discursive writing, of the contextual (political, social, economic etc.) challenges and implications for transnational commercial law;
Personal and Key Skills	6. demonstrate the ability to comprehensively use a range of resources for specific learning tasks; 7. present, explain and critically evaluate a range of substantive and theoretical arguments in assessments and teaching sessions; and 8. work independently and to manage time efficiently in preparing for learning activities and assessments.

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover the following topics:

Challenges for transnational commercial law;
Harmonisation and uniform law agendas;
CIF, FOB and other shipment terms;
Documents representing goods in international trade;
The application of the Sale of Goods Act 1979 to international sales;
Vienna Convention on the Law of Sales;
The Regional Sales Law and Digital Market Law;
Transactions in securities; and
International commercial arbitration under the UNCITRAL Model Law and the New York Convention.

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
30	270	0

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

Category	Hours of study time	Description
Scheduled Learning and Teaching Activities	6	Two lectures which introduce students to particular topics and will provide the foundation for independent guided study.
Scheduled Learning and Teaching Activities	24	Lecturer-led, three-hour seminars (total of eight). Students will be expected to make at least one presentation during the course of the seminar programme.
Guided Independent Study	160	Preparation for seminars
Guided Independent Study	60	Preparation for (written) formative and summative assessments
Guided Independent Study	50	Other guided independent study

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

How this Module is Assessed

In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.

Formative Assessment

A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Individual presentation of a critical commentary	10 minutes	1-8	Oral feedback from the lecturer and other students
Written assignment	1,500 words	1-8	Written

Summative Assessment

A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.

Coursework	Written exams	Practical exams
100	0	0

...and this table provides further details on the summative assessments for this module.

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	100	7,500 words	1-8	Formal written feedback and an opportunity for oral feedback from the lecturer.

Re-assessment

Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Essay	Essay (7,500 words)	1-8	August/September reassessment period

Indicative Reading List

This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.

Key Texts:

R Goode and E McKendrick, Goode on Commercial Law (5th edition, Penguin 2016).

Goode, Kronke, McKendrick and Wool, Transnational Commercial Law.