JUS5230 - International Commercial Law
Course content
The course aims at providing an understanding of the legal framework that governs international business transactions. The parties are not completely free to regulate their relationship or to ensure that the transaction is governed by a set of rules fully agreeable to them. This course explains how the legal framework restricts the parties’ freedom to contract in an international context. It gives therefore the tools to properly appreciate how far the drafting of an international contract may go, as well as to evaluate whether a claim based on an international contract is likely to be enforceable according to its terms or not.
Students are expected to take active part in the course, since a part of the course will be dedicated to case studies.
Learning outcome
On completion of this course, the student should be able to:
- Identify sources of regulation that are applicable to international business transactions: international conventions, national law, commercial practices and other forms of “soft law”;
- Evaluate the extent to which the parties may derogate from the above mentioned rules in their contracts;
- Understand the mechanisms of choice of forum and choice of law, permitting to identify the law applicable to the contract;
- Appreciate the effectiveness of these rules in case the parties have chosen to submit any dispute regarding their transaction to international arbitration.
See ‘Detailed course information’ regarding requirements and syllabus.
Admission
Id does not exist in shared textYou may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme. You can also register for this course if you do not have admission to any programme at UiO, but meet the formal prerequistites.
All students are required meet the formal prerequistites.
Have you met the formal prerequisites at another institution than the University of Oslo, and the results are not formally registered at UiO, you must apply for admission to courses at Master’s level . Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.
When your admission is in order you must register for courses in StudentWeb
Id does not exist in shared textPrerequisites
Formal prerequisite knowledge
Students must fill one of these requirements:
- Passed 1st - 3rd year of studies in Master's of Law (masterstudiet i rettsvitenskap at UiO) or examinations that qualify for exemption from these) or
- Having a 5-years Master’s degree in Laws (masterstudiet i rettsvitenskap at UiO) or equivalent.
Students with admission to the faculty’s exchange programme and students with admission to any master’s degree programme at the University of Oslo (except masterstudiet i rettsvitenskap) has an exemption from the formal prerequisites.
Recommended previous knowledge
Three years of law studies.
Overlapping courses
10 credits overlap with VALCOMM - Internasjonal forretningsjus (discontinued), 10 credits overlap with JUXCOMM - Internasjonal forretningsjus (discontinued), 10 credits overlap with JUTCOMM - International Commercial Law (discontinued), 10 credits overlap with PILCOMM - International Commercial Law (discontinued), 10 credits overlap with MARLCOMM - International Commercial Law (discontinued), 10 credits overlap with JUR1230 - International Commercial Law (BA), 10 credits overlap with JUVOCOMM and 10 credits overlap with JUR5230.Teaching
The course will consist primarily of lectures and group exercises.
Language of teaching for this course is English. This means that all
communication during lectures/seminars will be in English, and all
literature and auxiliary materials are in English.
Access to teaching
Id does not exist in shared textExamination
4 hour written examination.
Examination support material
Id does not exist in shared textRegulations for support materials permitted at examination for courses taught in English . Please read all three chapters.
Language of examination
Id does not exist in shared textThe language of examination for this course is English. This means
that the examination question will be given in English, and students
may answer in English only.
Grading scale
Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.
Explanations and appeals
You may request an explanation of your grades, and you may also appeal against your grades or make a complaint about formal examination errors. Read more about explanations and appeals.
Resit an examination
You can usually resit an exam, but the conditions depend on whether you had a valid reason for absence from the regular exam. Read more about resitting an exam.
Withdrawal from an examination
Id does not exist in shared textA student can sit for this exam up to 3 times. If a student wishes to withdraw from the exam, s/he must do this in StudentWeb at least two weeks prior to the first day of the exam. Failure to do so will be counted as one of the three opportunities to sit for the exam.
A study programme may have rules that further limit the number of times a student may re-take this exam. In such instances the rules of the study programme will have priority.
Special examination arrangements
If you have a disability or a health problem that entails significant inconvenience in an examination situation, you may be considered for special examination arrangements. Mothers who are breastfeeding may apply for extra time to complete the exam.
Please se Detailed regulations for the Faculty of Law, Chapter 3 regarding application, responsibilities and special measures.
Evaluation
Feedback from our students is essential to us in our efforts to ensure and further improve the high quality of our programmes and courses. All courses are subject to continuous evaluation. At regular intervals we also ask students on a particular course to participate in a more comprehensive, periodic evaluation of this course.
Other
The language for this course is English. Students enrolled in the
Masterprogrammet i rettsvitenskap must pass one
English subject as part of their degree, this course will meet these
obligations.
This subject is taught at Master 's level. The subject is also taught at Bachelor's level (10 ECTS credits), see JUR1230 - International Commercial Law (BA).
Please see the chapter above, regarding overlap. For instances of overlap, credits will be deducted on the subject at Bachelors's level.
The course may be integrated by the knowledge achieved in the course on JUS5240 - Comparative Private Law, where the main features of the law of contracts in the most important legal families are analysed and compared. Also the course JUS5280 - Internasjonal privatrett gives knowledge that is relevant, and in part overlapping in respect of the question of the choice of the applicable law and of the choice of forum; however, this course is in the Norwegian language.