Duration
48h Th
Number of credits
Lecturer
Language(s) of instruction
English language
Organisation and examination
Teaching in the first semester, review in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
This course offers an introduction to the law of international business transactions, focussing on the private aspects of cross-border commercial operations. This course will consider the following problems:
- Which court or legal authority has the power to decide the dispute ('jurisdiction')?
- What law will likely be applied to resolve the dispute (choice of law issues in contract, tort, and other matters)?
- When will courts and other authorities recognize legislative or judicial determinations made outside Belgium?
- When will courts provide assistance to foreign legal proceedings?
- How much freedom do businesses have in shaping the private law regime of their cross-border transactions?
Learning outcomes of the learning unit
By the end of this course, students will be able to:
- identify the relevant private law issues arising in a cross-border commercial relationships;
- outline the various steps to be taken in providing an answer to the issues arising in the framework of a cross-border business relationship;
- evaluate the strength and weakness of arguments made in the course of legal proceedings relating to cross-border issues;
- identify the contractual mechanisms which could be used to prevent cross-border difficulties from arising;
- formulate a basic strategy in cross-border litigation.
Prerequisite knowledge and skills
A good knowlegde of private law (whatever the country of origin) and a good knowledge of the English language. Students whose command of the English language is insufficient should talk to the instructor before registering. This course requires prior training in law and may not be suitable for students from other fields (economics, politics, etc.). Students without any previous training in law are strongly advised talk to the instructor before registering.
Planned learning activities and teaching methods
The course will be taught lecture style but with ample room for classroom interaction through questions (from students and from the course instructor). Students may also be given short assignments from time to time. Specific attention will be devoted to discussion of cases decided by national or international courts, in order to illlustrate the rules studied. Students are expected to read assigned cases in order to participate in class discussions.
Mode of delivery (face to face, distance learning, hybrid learning)
Blended learning
Further information:
Face-to-face course, with a limited number of Teams meetings.
Further information:
The course is structured around various themes. For each theme, the main activity will be a general presentation by the instructor, in the form of a lecture with emphasis on the concepts and key questions.
During the lectures, practical cases will be dealt with to illustrate the rules studied.
Questions will be fielded to the students and active participation is warmly encouraged.
Students may also be asked to solve short assignments at regular intervals. Failure to solve those assignments may result in the inadmissibility to take part in the final examination.
Course materials and recommended or required readings
Platform(s) used for course materials:
- eCampus
Further information:
Platform(s) used for course materials:
- eCampus
Further information:
The instructor will make available a handout and a set of learning materials for each session. Additional readings are recommended but not mandatory.
Students willing to explore private international law issues may use Gilles Cuniberti's case book: Conflict of Laws. A Comparative Approach (2nd ed. published by Edward Elgar in 2022).
Among other books, students looking for background reading may wish to read the Concise introduction to EU private international law (5th edition), written by Michael Bogdan and Marta Pertegás Sender. Among other textbooks which offer a very good overview of the field, one may warmly recommend the following books : Peter Stone's EU Private International Law (4th edition) published by Edward Elgar (available online through the library) and Geert van Calster's Private International Law (Hart publishing, 4th ed., 2024).
Exam(s) in session
Any session
- In-person
written exam ( open-ended questions )
Written work / report
Further information:
Exam(s) in session
January exam session
- In-person
written exam ( open-ended questions )
August-September exam session
- In-person
written exam ( open-ended questions )
Written work / report
Further information:
The assessment will take the form of a written exam. Students will be asked to address open-ended questions in the form of case studies. The first part will consist of short scenarios that primarily require students to identify the relevant rule. The second part of the exam will consist of a more substantial case study, which will require students to identify and apply the relevant rules.
Examples of questions asked in previous years will be made available to students.
During the exam, students may only consult the relevant statutes, regulations, conventions, and treaties.
Further details will be announced during the first meetings.
Work placement(s)
Organisational remarks and main changes to the course
Not applicable
Contacts
Questions and observations may be sent to patrick.wautelet@uliege.be or may be asked after each class meeting.