Graduate Education Institute · Private Law · Master
Course Objective
The selling and purchasing of goods across territorial borders is an ancient yet sophisticated commercial activity. International trade involves interlocking contracts, including letters of credit and contracts of sale, carriage and insurance, all of which concern the minds of traders whilst performing this activity for profit.This module offers a study of the rights and obligations of buyers and sellers under contracts for the international sale of goods, focusing particularly on the International regulations and conventions.
Course Content
This course explores both the private law and the public law issues applicable to international trade relations. The first and public law part of the course will focus on the main treaties regulating international trade as embodied in the General Agreement on Tariffs and Trade and the World Trade Organization, as well as regional trade entities such as the European Union and the North American Free Trade Agreement. This part will examine the law applicable to tariff and non-tariff barriers, discrimination, regionalism, anti-dumping duties, countervailing duties, safeguard measures and the devices for international settlement of trade disputes. The second and private law part will deal with the key rules in international commercial transactions. To achieve this aim, the course will cover the fundamental characteristics of international sales of goods and essential contracts for the financing of trading activities, transportation of goods to their place of destination, settlement of disputes, and methods of payment in international commercial transactions.
Required Resources
Ercüment Erdem, Milletlerarası Ticaret Hukuku
Recommended Resources
Nuray Ekşi, Milletlerarası Ticaret Hukuku
Course Learning Outcomes
- On successful completion, students are expected to distinguish between differing structures of the framework regulating international business transactions and global trading system
- identify the aim, function and organisation of the WTO (World Trade Organization) in the context of global trade and commerce
- identify the primary legal issues which usually arise from international business transactions
- gain a working knowledge of international sale of goods and the carriage of goods and thus enhance their skills in operating international business transactions
- become acquainted with the language of international business transactions and global trade and the application of key concepts and theories to the current world practice
- identify sources of international law relevant for conducting business internationally
Core Area Distribution
Teaching Methods
Assessment & Evaluation
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 16 | 3 | 48 |
| Out of Class Study Period | 16 | 8 | 128 |
| Midterm | 1 | 1 | 1 |
| Quiz | 0 | 0 | 0 |
| Assignment | 0 | 0 | 0 |
| Practice | 0 | 0 | 0 |
| Final | 1 | 2 | 2 |
Course Schedule
| Week | Subject | Preparation |
|---|---|---|
| 1 | An Introduction to WTO law and Trade in Goods Historical approach to the regulation of international trade relations. | it is compulsary to attend the course and study related topics. |
| 2 | Core WTO Obligations (Tariffs, Quotas, MFN and national treatment) Analysis of GATT Art. I, Art. III | it is compulsary to attend the course and study related topics. |
| 3 | General Exceptions and Regional Integration Analysis of GATT Art. XX, Art. XXI, Art. XXIV | it is compulsary to attend the course and study related topics. |
| 4 | Trade Remedies Introduction to the main rules and principles applicable to trade defence instruments under GATT Art. XIX, Agreement on Safeguards, Agreement on Anti-dumping, Agreement on Subsidies and Countervailing Duties | it is compulsary to attend the course and study related topics. |
| 5 | Technical Barriers to Trade and Sanitary and Phytosanitary Standards | it is compulsary to attend the course and study related topics. |
| 6 | Trade in Services and Trade Related Intellectual Property Rights | it is compulsary to attend the course and study related topics. |
| 7 | Introduction to International Business Transactions and Standard Trade Terms Theory of transnational commercial law, trade Terms and trade-related Documents | it is compulsary to attend the course and study related topics. |
| 8 | Ara Sınav | Ara Sınav |
| 9 | Legal Framework for International Business Transactions Sea, Air and Land- International Conventions | it is compulsary to attend the course and study related topics. |
| 10 | Legal Framework for International Business Transactions Sea, Air and Land- International Conventions | it is compulsary to attend the course and study related topics. |
| 11 | Overview of International Sales Transaction Transaction; Commercial Terms Under the ICC Incoterms | it is compulsary to attend the course and study related topics. |
| 12 | Letters of credit Nature; function; autonomy of letters of credit; banks’ obligations to check documents; discrepant documents | it is compulsary to attend the course and study related topics. |
| 13 | CISG and UNIDROIT Principles Structure, features and scope of application of the UN Convention on Contracts for the International Sale of Goods, ICC Incoterms and the UNIDROIT. | it is compulsary to attend the course and study related topics. |
| 14 | Settlement of International Trade and Business Disputes Methods of settling disputes; Jurisdiction; the forum and the governing law; international judicial assistance; enforcement of judgments | it is compulsary to attend the course and study related topics. |
| 15 | Revision with case studies | it is compulsary to attend the course and study related topics. |
| 16 | Final Sınavı | Final Sınavı |