This course concentrates on the general principles and main features of international business law - that is, the law governing international business transactions. The course is divided into three parts.
In Part I three general topics will be discussed. The essence of trade is exchange of property in its widest possible meaning. The basis of almost every exchange is a contract. This course therefore starts by looking at contracts from a legal perspective: what does the law require for there to be a legally binding contract? Next we will look at one of the ways the law protects private interests against infringements by others: the law of torts. We will do so by means of the law on product liability, under which manufacturers may be held liable for damage caused by defective products. Furthermore, a basic understanding of the European Union and Community, its institutions, legislative instruments and, of course, fields of activity is of paramount importance for European business.
In Part II focus will be on business to consumer transactions, with a certain focus on e-commerce. The crucial difference between business to consumer transactions and those between businesses is that individual consumers typically have no bargaining power. This has led legislators, Brussels not in the least, to offer a degree of protection to the consumer. The nature of e-commerce, moreover, raises some further issues both in contract and tort that deserve attention.
Part III deals with what is traditionally considered to form the core of international business law: the international sale of goods between businesses. In this context we will examine issues of formation of contract specific to business to business transactions as well as remedies in case of breach of contract. An international sale of goods typically involves two further arrangements to be made by the parties: the carriage of goods from the seller to the buyer and, conversely, payment of the purchase price by the buyer to the seller. We will study carriage of goods by road and sea, focusing on the liability of the carrier and the transport documents used. The course ends with a introduction to the basics of the most important payment mechanism in international trade, the so-called ‘letter of credit’ or documentary credit.

For further information please refer to www.unimaas.nl > Faculty of Law > Education > Programme guide of the appropriate academic year.

reader and legal materials