Hiroshima University Syllabus

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Japanese
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)
 
Lecture-oriented, frequent use of classroom whiteboard 
Credits 2.0 Class Hours/Week   Language of Instruction J : Japanese
Course Level 4 : Undergraduate Advanced
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   Special Subject  
Class Status
within Educational
Program
(Applicable only to targeted subjects for undergraduate students)
 
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.
 
(More Details) Texts and distributed materials 
Learning techniques to be incorporated  
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  
Grading Method Your final grade will be based on the following: your term-end examination (100%). 
Practical Experience  
Summary of Practical Experience and Class Contents based on it  
Message  
Other   
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. 
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