L.L.M. in International Trade Law - Contracts and Dispute ResolutionIuse - Istituto Universitario di Studi Europei
- Master II livello
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A Good working knowledge of the English language is essential.
For 20 years the International Training Centre of the ILO and a number of academic partners led by the University of Turin and the University Institute of European Studies and in collaboration with other world-class universities have been offering a shortened version of this programme under the name "International Trade Law". In recognition of increasing demand for higher levels of specialization in the fields of contract law and international trade and overlapping with the decision to establish the Turin School of Development as a unique mechanism for delivery of joint UN-academic programmes, it was decided to expand and upgrade the programme's learning contents to a Level 1 European Master.
From the UN side, UNCITRAL endorsed the new Master and accepted the status of a full partner as of 2010. Other international organizations and renowned universities have also expanded their role in this new Master and delegated distinguished faculty members to join the Scientific Committee and to participate in programme delivery like WTO, UNIDROIT, the University of Fribourg and the Universidad Autonoma de Madrid (Spain).
This LL.M. Programme is now designed for more comprehensive coverage of the topics related to the globalisation of supply chains, the vast expansion in international and regional trade in goods and services as well as the accompanying technological developments like e-commerce and digital signatures which have all contributed to an increasing complexity in the legal framework governing contractual transactions in a technologically interconnected global market.
In order to comprehensively cover both the legal concepts and the applied practice sides of the various types of contracts in international trade, the LL.M. programme has assembled a team of highly qualified law professors and experienced law practitioners in order to impart to the participants not only the legal knowledge for negotiating trade and related contractual issues but also the necessary competences for analysing complex situations and disputes in contracts and trade agreements.
The learning objectives of the LL.M. programme are:
· advancing legal knowledge in the field of international trade law and transnational contract law and related provisions of public and private international law
· enhancing competencies for comparative legal analysis i.e. from a civil law, common law and Islamic law perspectives
· providing fundamental tools and competencies needed to deal with the complex reality of international commercial transactions from a European and an international perspective and in particular with respect to:
- Contracts' Drafting
- Interpretation and Management of International Commercial Contracts
- International Dispute Resolution, Arbitration and Moot Court
Participants will benefit from the support and involvement of Module coordinators and a dedicated tutor who will assist and advise them throughout the learning period.
Detailed Curriculum of the LL.M
The LL.M. is an intensive course of one full year duration structured in three different parts as follows:
DISTANCE LEARNING (November- January)
During this first part participants will be provided with essential preliminary information needed to acquire the pre-requisite entry level knowledge in the disciplines of Part II.
In this preparatory phase the students will pursue the following topics:
- introduction to trade economics, including evolution and features of the world's current trading system
- introduction to contract law in major legal systems
- international trade and other regulatory issues
- preferential trade agreements and regional trade agreements
During this phase of distance learning, participants will have access to an on-line platform, through which they will be given access to the material, while receiving advisory support from a dedicated tutor.
Within 2 weeks of arrival in Turin, participants will sit for a written examination intended to assess the level of knowledge attained by the students during the distance learning part. The combination of academic resource persons and legal practitioners is a distinctive feature of this programme which enables smooth integration of theory with practice.
FACE-TO-FACE LEARNING (February - June)
The Face-to-face period is delivered through a flexible, active learning approach with a combination of lectures, case studies, role plays and moot court simulations. The participants will be required to sit for three written examinations for the topics of Part II.
Module I : Diversity & Institution
· Harmonisation of laws of Contracts and International Trade from the perspective of international and regional organizations (such as UNCITRAL, UNIDROIT, OECD, ICC, WTO etc.)
· Introduction to legal commercial writing and terminology
Module II: International Contracts
· General Principles Governing the Law of International Contracts (in particular UNIDROIT Principles) and formation of contract
· Vienna Convention on the International Sale of Goods
· Applicable Law and jurisdiction (Council Regulation (EC) n. 44/2001/Rome Regulation)
· Export Transactions - Links between the Sale, Carriage and Banking Contracts
· Corporate Governance -merger and acquisition from the pre-contractual documents to the purchase agreement; how to structure international Joint Venture, etc.)
· Examples of International contracts (Agency and Distribution Agreements; Construction, Engineering and Supply Contracts; Public Procurement contracts; State and Oil Contracts)
· Contracts Financing (leasing contracts/franchise contracts) and Project financing
· Intellectual Property Rights (Trade Marks and Patents; Technology Licence Agreements)
· Antitrust law
· International Taxation Rules and aspects of Insolvency Law
Module III: Moot Court & Arbitration
· International dispute resolution and jurisdiction
· International commercial arbitration (recognition and enforcement)
· Alternative dispute resolutions, mediation
· Moot court
FINAL DISSERTATION (June - November)
The third part consists of the submission of the final thesis/dissertation by the end of November (50 pages approx) supervised by an advisor or by a Module coordinator.
The Master Thesis will deal with an issue raised in general terms in the taught course, whereby the student will further analyse the topic in its specific context presenting his/her own arguments and findings.
The Master Thesis has to be written in English. The core faculty of the programme is composed of:
- law professors from renowned universities worldwide
- professionals and law consultants from international law firms and legal departments of international corporations
- experts and officials from UNCITRAL, UNIDROIT, ITC-ILO, WTO, ICC, EU and other international organisations.