Professor T C Hartley, NAB 6.02 and Mr Jacco A Bomhoff, NAB 6.29

For LLM students intending to offer this subject in the examinations. Other students may attend only with the prior permission of Professor Hartley. Students must have a good general knowledge of law. Knowledge of conflict of laws (private international law) would be useful but is not essential.

This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.

Legal problems (other than litigation) relating to international business transactions.

The following topics will be studied from the point of view of English, Commonwealth, American and (where relevant) European Union Law:

1. Theories of choice of law in Europe and the US.
2. Proof and application of foreign law.
3. Torts: applicable law.
4. Contracts: applicable law.
5. The international reach of legislation for the regulation of business and the protection of consumers and employees.
6. The private international law aspects of boycotts and embargoes.
7. The application of international conventions to international business transactions.
8. Exchange controls.
9. Financing international business transactions: documentary credits and other financial mechanisms.
10. Currency problems in international contracts.
11. The international aspects of property transactions.
12. The recognition of foreign expropriations and other governmental acts affecting property (including financial assets).
13. The problem of extraterritoriality with special reference to American antitrust law and EU competition law

Seminars: (LL443) Sessional.

Students are asked to submit two pieces of written work.

Core textbook: Trevor C Hartley, International Commercial Litigation (Cambridge University Press, 2009).

Further reading: Briggs (Adrian), The Conflict of Laws (Clarendon Law Series, Oxford, 2nd edn, 2008); Castel (Jean G), Canadian Conflict of Laws (Butterworths, Toronto, 4th edn, 1997); Cheshire, North and Fawcett, Private International Law (14th edn, Oxford University Press, Oxford, 2008, by James Fawcett and Janeen Carruthers); Collier (John G), Conflict of Laws (Cambridge University Press, Cambridge, 3rd edn, 2001); Collins (Lawrence), Essays in International Litigation and the Conflict of Laws (Clarendon Press, Oxford, 1994); Dicey, Morris & Collins, The Conflict of Laws (Sweet and Maxwell, London, 14th edn, 2006 by Sir Lawrence Collins with specialist editors); Goode (Roy), Commercial Law (Penguin Books, London, 3rd edn, 2004); Lowenfeld (Andreas F), Conflict of Laws: Federal, State and International Perspectives (LexisNexis, Newark, NJ; San Francisco, CA, 2nd edn, 2002); Hill (Jonathan) and Chong (Adeline), International Commercial Disputes (Hart Publishing, 4th ed. 2010); Mann (Frederick A), The Legal Aspect of Money: With Special Reference to Comparative Private and Public International Law (Clarendon Press, Oxford, 5th edn, 1992); Scoles (Eugene F) and Hay (Peter), Conflict of Laws (West Group Publishing Co., St. Paul, Minn., 3rd edition, 2000); Symeonides (Symeon C), Perdue (Wendy Collins) and von Mehren (Arthur T), Conflict of Laws: American, Comparative, International (West, St Paul, Minn., 1998); Weintraub (Russell J), Commentary on the Conflict of Laws (Foundation Press, New York, 4th edn, 2001).

Normal three-hour written examinations.