The Aim of this module is to give students a knowledge and understanding of the legal issues surrounding international trade. By the end of the module students will be able to understand the current state of legal and contractual issues surrounding international trade such as International trade agreements, Intellectual property rights and privacy issues, the differing forms of dispute resolution available. As law is an ongoing and dynamic subject the syllabus content will be expanded or modified, as the case may be, to reflect developments in the law set out in this module.
Contract Law
Offer, acceptance, consideration and intention to create legal relations. Express and implied terms. Form. Misrepresentation. Mistake, Duress and undue influence. Capacity. Illegality. Remedies. E-commerce. Formation of international contracts.
Intellectual Property
Examination of the legal protection of intellectual property rights at both domestic and international level: copyright, trademarks, patents and design encompassing the law governing the registration of such rights in the EU and key international institutions and agreements that regulate intellectual property at an international level such as Berne Convention, Paris Convention, WIPO, WTO and the TRIPS Agreement.
International and National Privacy Law
International privacy law. Data Protection Acts 1988-2003. E-Privacy Directive. Safe Harbour Agreements. Data protection obligations on business when dealing with personal data. Role of privacy commissioners.
International Dispute Resolution
Litigation or arbitration. Application of jurisdictional rules. Arbitration clause: equal treatment. Role and function of the dispute forum and judge or arbitrator determining the outcome. Consensual processes such as collaborative law, mediation, conciliation and negotiation. Role of international mechanisms including ICJ, WTO, PCA, ICA, ICSID. Enforcement of the order when dispute process is finalised.
International Trade Agreements
Issues arising in transnational transactions which define the current legal and business environment, including European treaties, regulations and directives, international law, bi-lateral and multi-lateral treaties (WTO). Development and application of international trade regulations. State assistance.
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Other Assessment(s) | 30 |
| Formal Examination | 70 |