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Prof Trevor Hartley NAB 7.24

This course is available on the LLM (extended part-time), LLM (full-time) and University of Pennsylvania Law School LLM Visiting Students. This course is available with permission as an outside option to students on other programmes where regulations permit.

This course is capped at 30 students. Students must apply through Graduate Course Choice on 杏吧论坛forYou.

Knowledge of conflict of laws (private international law) would be useful but is not essential. Good general understanding of commercial law is essential. Non-LLM students must have a full law degree (a degree which fulfils the degree requirement for becoming a lawyer in your country).

The following topics will be studied from the point of view of European Union law, English (common and statute) law, Canadian law and US law: 1) Principles and theories of choice of law; 2) Proof and application of foreign law; 3) Contracts: applicable law; 4) The international reach of legislation for the regulation of business and the protection of consumers and employees; 5) The private international law aspects of boycotts and embargoes; 6) Exchange controls; 7) Currency problems in international contracts; 8) The international aspects of property transactions; 9) The recognition of foreign expropriations and other governmental acts affecting property (including financial assets).

This course is delivered through a combination of classes and lectures totalling a minimum of 20 hours in Lent Term. Students will usually have two additional hours in the Summer Term. This year teaching will be delivered through recorded online lectures and a mix of both in-person and online classes to accommodate students who are unable to physically be on campus. This course includes a reading week in Week 6 of Lent Term.

All students are expected to produce one 2,000 word formative essay during the course.

Core textbook: Trevor C Hartley, International Commercial Litigation (Cambridge University Press, 3rd edn, 2020) (selected chapters). Further reading: Dicey, Morris & Collins, The Conflict of Laws (Sweet and Maxwell, London, 15th edn, 2012 by Sir Lawrence Collins with specialist editors); Plender (Richard) and Wilderspin (Michael), The European Private International Law of Obligations (Sweet & Maxwell, London, 4th edn, 2015)

Exam (100%, duration: 2 hours, reading time: 15 minutes) in the summer exam period.