Course will cover the payment and financing of international business transactions with particular attention to the sale of goods. With various degrees of emphasis, coverage will consist of:
● Brief introduction to basic conflict of laws rules governing international commercial transactions
● Introduction to international commercial banking (deposit taking, bank and customer relationship, foreign currency and cross-border payment obligations and bank deposits; correspondent banking; foreign currency risks);
● International payments by wire;
● Principal aspects of the law governing documentary sales in international trade: delivery, passage of property and risk);
● From paper to Electronic and functional equivalence of electronic documents.
● Selected aspect pertaining to negotiable instruments as payment and credit instruments in international trade; and
● Payment and financing international trade transactions: documentary collections and letters of credit (and related banking instruments).
Course is appropriate to both second and third year students—there are neither prerequisites nor co-requisites.
While the focus of the course is payment and financing of international trade, this may be the only course offered on the JD level introducing students to the foundations of banking law needed for both domestic and international business transactions. It may also be the only course introducing students to transport documents (such as bills of lading) and their use in international transactions as well as the law that governs international transactions.
At the instructor’s discretion final mark may be adjusted by half a mark (or in extreme cases full mark) that may be taken away or added for class participation (including attendance — as well as leading class discussion as assigned in advance). Classes will be recorded ‐ per the usual policy of the Law School.
Method of Evaluation: A CHOICE (to be irrevocably made by each student by the fourth class) between: either -- a 2.5 hour open book exam (students selecting this option will not satisfy the UYRWR) OR-- 7000 word (text- not including footnotes and bibliography) independent research paper – in satisfaction of Upper Year Research & Writing.