JUS5230 – International Commercial Law

Schedule, syllabus and examination date

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.


For students enrolled in Rettsvitenskap (jus) (master - 5 år): Have you considered a specialization as part of your degree? The course is part of the profile Komparativ rett

Read more about profiles.

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

You 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

Prerequisites

Formal prerequisite knowledge

Students must fill one of these requirements:

  • Passed 1st - 3rd year of the 5-years degree Master of Laws (Master i rettsvitenskap at UiO) (or exams that qualify for exemption for these) or
  • Hold a 5-years Master’s degree in Laws (Master i rettsvitenskap at UiO) or equivalent.

Exemptions from the formal prerequisites will be given to students with admission to the faculty's own exchange or master’s degree programmes. This rule does not apply to students with admission to other master’s degree programmes at the University of Oslo, unless otherwise agreed.

Recommended previous knowledge

Three years of law studies.

Overlapping courses

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.

Examination

In the spring semester 2023, the exam will be a 24 hour home exam, maximum 2500 words on master’s level and 2000 words on bachelor’s level.

Footnotes should be included in the word count of the main text. Not included in this count: front page (title etc.), summary, table of contents and references (bibliography). (If relevant for the paper).

Assignments/papers with text exceeding the word limit will not be accepted.

Previous exam papers

Examination support material

This is an open book exam. Candidates may therefore make use of all available sources during the examination period.

Your exam paper must be an independent work. Exam candidates are not permitted to communicate with other persons about the exam question(s) or distribute draft answers or exam answers.

General rules on exam support materials

Use of sources and rules for citing

Familiarize yourself with the use of sources and citations in legal writing. In an exam situation, using other people’s material without declaring it in a clear manner may be considered cheating or an attempt at cheating. You must cite any sources you draw on.

Language of examination

The examination text is given in English, and you submit your response in English.

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.

Marking criteria 

This  guide is used by examiners for grading this course.

 

Explanations and appeals

Resit an examination

Withdrawal from an examination

It is possible to take this exam up to 3 times. If you withdraw from the exam after the deadline or during the exam, this will be counted as an examination attempt.

There are special rules for resitting a passed examination in the master's programme in Law.

Special examination arrangements

Application form, deadline and requirements for special examination arrangements.

Evaluation

The course is subject to continuous evaluation. At regular intervals we also ask students to participate in a more comprehensive evaluation.

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 (discontinued), 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.

Facts about this course

Credits
10
Level
Master
Teaching
Every spring
Examination
Every spring
Teaching language
English