International Trade Law

Dr. Rashmi Aggarwal

Total Sessions 20

Session 1 hr

Course Background and Objectives of the course

International trade laws are the assortment of national and public international laws which apply
to transactions of goods and services across the globe. It is primarily based on the principle of
lex mercatoria and lex maritima i.e, "the law for merchants on land" and "the law for merchants
on sea" and has gradually developed from a bilateral treaty to the multilateral treaty regime under
the WTO. This paper is offered to understand the provisions of International Trade under the
UNCITRAL and WTO dealing with trade liberalization, abolition of trade barriers, unfair trade
practices, dispute resolution mechanism, anti dumping provisions, countervailing duties or
import quotas, IPRs, E commerce, Convention of International Sales of Goods, Corporate
Governance and Corporate Social Responsibility.

Pedagogy

The pedagogy will be a right blend of input of statutory, compliances both national and
international, strategy modules and their application in the industry. It shall include faculty
lectures, students presentations on case studies, assignments, quizzes, analysis of case laws.

Learning Outcomes:-

Upon the successful completion of this course, the students will be able to:

1. Understand the legalities of International Trade, Less developed, Developing and

Developed countries perspectives.
2. Distinguish between the liability both civil and criminal and debate on whether the
municipal or the international law will prevail in issues of handling cross border
MNCs indulgence in Unfair Trade Practices.
3. Recognize the different forms of business organizations and companies.
4. Strategies for Dispute Settlement, International Arbitration laws and Compliances.

Course Curriculum and Session Plan

Session 1-2

International legal order, the common law and civil law principles of governance, diminishing
scope of sovereignty in the era of Globalization, Privatization and Liberation- myth or reality.

Session 3-5
Cross Border Commercial Transactions- contractual understating, Important Definitions and the
liabilities attributed - F.O. B., F.O. A, C.I. F., Ex Ship Contracts, Convention for the
International Sales of Goods, 1992- UNCITRAL Legal Guide on International Counter trade
Transactions, 1983- Uniform Rules on Contract Clauses for an agreed sum due upon failure to
perform, 1980- United Nations Convention on Limitation Period for the International Sales of
Goods.

Session 6-8

The public and the private corporate entities, MNCs, TNC and the scope of UNCITRAL Model
Law on International Commercial Arbitration- Contractual or obligatory, International sale of
goods and related transactions

Session 9-11

Business Practice change post GATT and WTO, Regional and Bilateral Agreements, Dispute
Settlement Mechanism, Transnational Corporations, The UN Code of TNC’s, 1983

Session 12-14

E Commerce- Nature and Application, Jurisdiction and internet, cross border electronic
commerce and customs applications, electronic signature certificates Electronic governance

Session 15- 18

International Transport: Bt Sea, by air, by land (A) By rail (B) By Road, Multi model, Cargo or
Marine Insurance, Contract of affreightment, Charter party, International Conventions governing
the bill of lading, United Nations Convention on The Carriage by Sea, United Nations
Convention on the Liability of operators of transport terminals in international trade, United
Nations Convention on International Multimodal Transport of Goods (Geneva, 24th May, 1980)

Session 19-20

Principle of “harmonization” and “Unification” in International Trade in National laws,

competition laws, internalization of services, Employer and Employee perspectives

Settlement of cases through the settlement commission

Evaluation Weightage

20% Quizzes

30% Mid Term

30% End Term

20% Term Paper on International Trade laws and presentations on the topics allotted

Case laws/ Case studies

US- Section 110 (5); Canada – Pharmaceutical Patent
EC Biotech (Panel)
Japan Apples (AB)
US – Shrimp (“Shrimp Turtle”)

Suggested Additional Readings:

1. Kenneth W. Dam, The GATT: Law and International Economic Organization (Chicago:
University of Chicago Press, 1970), 351-375.
2. Jeffrey J. Schott, The Uruguay Round: An Assessment (Washington: Institute for
International Economics, 1995), 125-144.
3. Robert E. Hudec, The GATT Legal System and World Trade Diplomacy (Salem, New
Hampshire: Butterworth, 2d edition, 1990), 65-108.
4. UNCTAD, The Outcome of the Uruguay Round: An Initial Assessment (Geneva:
UNCTAD, 1994), 205-219.

Useful websites:
WTO: www.wto.org/english/docs_e/legal_e/legal_e.htm
NAFTA: www.worldtradelaw.net/nafta/index.htm
World Trade Law: worldtradelaw.net
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