Academic Year |
2024Year |
School/Graduate School |
School of Law Law Day Course |
Lecture Code |
F1250123 |
Subject Classification |
Specialized Education |
Subject Name |
国際取引法 |
Subject Name (Katakana) |
コクサイトリヒキホウ |
Subject Name in English |
International Trade Law |
Instructor |
AIZAWA YOSHIHARU |
Instructor (Katakana) |
アイザワ ヨシハル |
Campus |
Higashi-Senda |
Semester/Term |
3rd-Year, First Semester, OutOfTerm(1st) |
Days, Periods, and Classrooms |
(O1) Inte:Higashi-Senda Lecture Rm M301 |
Lesson Style |
Lecture |
Lesson Style (More Details) |
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Lecture-oriented, frequent use of classroom whiteboard |
Credits |
2.0 |
Class Hours/Week |
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Language of Instruction |
J
:
Japanese |
Course Level |
4
:
Undergraduate Advanced
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Course Area(Area) |
24
:
Social Sciences |
Course Area(Discipline) |
01
:
Law |
Eligible Students |
3st year |
Keywords |
conflict of laws, multinational substantive law rules, uniform substantive law rules |
Special Subject for Teacher Education |
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Special Subject |
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Class Status within Educational Program (Applicable only to targeted subjects for undergraduate students) | |
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Criterion referenced Evaluation (Applicable only to targeted subjects for undergraduate students) | Business Law (Knowledge and Understanding) ・Basic legal knowledge and understanding on domestic and international corporate activities.
Law and Politics Program (Knowledge and Understanding) ・Basic legal knowledge and understanding on corporate activities
Legal Profession Training Course (Knowledge and Understanding) ・Basic legal knowledge and understanding on domestic and international corporate activities.
Law and Politics (Knowledge and Understanding) ・Basic legal knowledge and understanding on corporate activities |
Class Objectives /Class Outline |
This course will provide a total overview of the rules covering international trade law that governs issues arising from cross-border commerce.Particularly,this course ,first of all,will provide basic knowledge about substantive rules covering not only sales contract but also various contract of Carriage,Isurance,Payment, and Consumer contract,Labor contract,secondarily,Tort such as Product liability,Violation to personality rights,Unfair competition,Enviromental Pollution,Infringement of Intellectual Property (Patent rights,copyright etc)arising from the above contract,finally,the procedural rules covering Civil procedure and Commercial arbitration as the way of dispute resolution. |
Class Schedule |
lesson1 1. Introduction The introduction will provide a brief overview of the course covering international trade law that governs issues involving cross-border commerce. Several points to keep in mind in taking this course will also be mentioned. lesson2 2.International Trade and Law This lesson will provide a basic concept of private international law as well as explanations of conflict of laws, multinational substantive law rules, uniform substantive law rules etc. lesson3 3.The party involved in the international trade-Individual,Company and State In this lesson, we will discuss legal issues regarding the legal capacity of a person and a legal person as the Party involved. lesson4 4.Private international law on contract(1)-General Part In this lesson, we will discuss legal issues regarding the relation of Uniform law and Private international law,etc. lesson5 5.Private international law on contract(2)-Some Problems about international sales contract In this lesson, we will discuss legal issues regarding substantive requirements for contract,and formal requirements for contract, effects for contract.
lesson6 6.Private international law on contract(3)-Some Problems with international sales contract In this lesson, we will discuss legal issues regarding extraterritorial application of laws, the effect of contract contary to foreign compulsory rules. lesson7 7.Private international law on contract(4)-Particular Contract In this lesson, we will discuss legal issues regarding international consumer contract,labor contract,distributor contract,license contract. lesson8 8.Private international law on tort(1)-General Part In this lesson, we will discuss legal issues regarding international jurisdiction, governing law of general tort. lesson9 9.Private international law on tort(2)-Particular Tort In this lesson, we will discuss legal issues regarding Product liability,Dafamation,Unfair competition,Enviromental Pollution. lesson10 10.Private international law on Intellectual Property In this lesson, we will discuss legal issues regarding Intellectual Property (Patent rights,copyright etc). lesson11 11.Private international law on civil procedure(1)-International jurisdiction of court In this lesson, we will discuss legal issues regarding the criterion of international jurisdiction in the commerce-related matters,state immunity etc. lesson12 12.Private international law on civil procedure(2)-The capacity to be a party,The capacity to sue or to be sued, and The qualification to be a party In this lesson, we will discuss legal issues regarding The capacity to be a party,etc. lesson13 13.Private international law on civil procedure(3)-Recognition and Execution of the judgment by foreign court, International conflict of the suit In this lesson, we will discuss legal issues regarding Recognition and Execution of the judgment by foreign court,etc. lesson14 14.Private international law on commercial arbitration In this lesson, we will discuss legal issues regarding the governing law of arbitration agreement,arbitration procedure,and the Recognition and Execution of the foreign arbitral award. lesson15 15.Summary In this lesson, we will analyze the differences between and characteristics of legal restrictions on domestic and foreign relations, and clarify the uniqueness of the latter.
Reporting Schedule Lesson1 Introduction~Lesson15 Summary |
Text/Reference Books,etc. |
Textbook: Introduction to Private International Law (4th edition revised), Hiroshi Matsuoka ed. (Yuhikaku Publishing Co., Ltd., 2021) |
PC or AV used in Class,etc. |
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(More Details) |
Texts and distributed materials |
Learning techniques to be incorporated |
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Suggestions on Preparation and Review |
After Lesson 1: You are expected to review the contents of this course and buy the textbook. After Lesson 2: You are expected to read the relevant coverage in the textbook or reference books if you are unsure about any terminology in the basic concept. After Lesson 3: You are expected to read the relevant coverage in the textbook if you are unsure about any part of the party involved in the international trade-Individual,Company and State. After Lesson 4: You are expected to answer questions on the topics in 'Private international law on contract(1)-General Part'. After Lesson 5: You are expected to answer questions on the topics in ‘Private international law on contract(2)-Some Problems about international sales contract’. After Lesson 6: You are expected to answer questions on the topics in ‘Private international law on contract(3)-Some Problems arising from international sales contract’. After Lesson 7: You are expected to answer questions on the topics in ‘Private international law on contract(4)-Particular Contract’. After Lesson 8: You are expected to answer questions on the topics in ‘Private international law on tort(1)-General Part’. After Lesson 9: You are expected to answer questions on the topics in ‘Private international law on tort(2)-Particular Tort’. After Lesson 10: You are expected to answer questions on the topics in ‘Private international law on Intellectual Property’. After Lesson 11: You are expected to answer questions on the topics in ‘Private international law on civil procedure(1)-International jurisdiction of court’. After Lesson 12: You are expected to answer questions on the topics in ‘Private international law on civil procedure(2)-The capacity to be a party,The capacity to sue or to be sued, and The qualification to be a party’. After Lesson 13: You are expected to answer questions on the topics in ‘Private international law on civil procedure(3)-Recognition and Execution of the judgment by foreign court, International conflict of the suit’. After Lesson 14: You are expected to answer questions on the topics in ‘Private international law on commercial arbitration’. After Lesson 15: You are expected to summarize what you have learned from the course. |
Requirements |
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Grading Method |
Your final grade will be based on the following: your term-end examination (100%). |
Practical Experience |
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Summary of Practical Experience and Class Contents based on it |
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Message |
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Other |
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Please fill in the class improvement questionnaire which is carried out on all classes. Instructors will reflect on your feedback and utilize the information for improving their teaching. |