The companion website of the book
The field of international commercial law has gained importance due to the
increasing globalization of economies and international commerce in the last
decades.
This book covers the most important legal issues when conducting business
abroad. The legal environment of the business transactions is the central
theme of the first part. The political and policy risks of doing business abroad
are explained, as well as how they should be mitigated. The first part also covers
European law with a focus on the four freedoms and competition law. It ends
with strategies for entering foreign markets.
The second part of the book focuses on the individual contract of sale. This
part of the book deals with a range of subjects, including general conditions of
sale, retention of title, the CISG, product safety and product liability, Incoterms,
contract of carriage, jurisdiction, choice of law and arbitration, standard contract
clauses and payment conditions.
This book takes a practical approach and uses specific examples to systematically
explain the main legal problems arising from selling products in foreign
countries.
It is meant to be used as a textbook for business students and for introductory
courses in law schools. No previous in-depth knowledge of law is necessary to
use this book. It contains more than 100 multiple choice questions and 70 cases,
giving students the possibility to apply the knowledge acquired in a chapter to
real situations.
The book does not pretend to be exhaustive in scope: the field of international
commercial law in particular is vast, and has many different angles. However,
it does try to explain the main pitfalls of doing business in foreign countries and
how to avoid them.
The author wrote two other legal text books: on legal skills, Juridische
vaardigheden voor het Hoger Onderwijs www.juridischevaardigheden.nl and on
sports law, Inleiding sport en recht www.inleidingsportenrecht.nl. Both are in
Dutch.
Preface
Chapter 1 - INTRODUCTION
Part 1. Risks related to the environment of the transaction
1.1 Risks in international trade
1.2 Credit insurance
1.3 Features of credit insurance
Part 2. International contract of sale
Chapter 2 - EUROPEAN LAW
2.1 Introduction
2.2 Institutions of the EU
2.3 Other international courts
2.4 European legislation
2.5 Multiple choice
2.6 Cases
Chapter 3 - EUROPEAN LAW: THE FOUR FREEDOMS
3.1 Introduction
3.2 The free movement of goods, Articles 28-30, 34-36 and 110 TFEU
3.3 The free movement of persons, Articles 45-55 TFEU
3.4 The free movement of services, Articles 56-62 TFEU
3.5 The free movement of capital, Articles 63-66 TFEU
3.6 Multiple choice
3.7 Cases
Chapter 4 - COMPETITION LAW
4.1 Introduction
4.2 Agreements distorting, preventing or restricting competition, Article 101 TFEU
4.3 Abuse of dominant position, Article 102 TFEU
4.4 Merger control
4.5 State aid, Article 107 TFEU
4.6 Multiple choice
4.7 Cases
Chapter 5 - ENTRY STRATEGIES
5.1 Introduction
5.2 Agent
5.3 Distribution agreement
5.4 Multiple choice
5.5 Cases
Chapter 6 - GENERAL CONDITIONS OF SALE
6.1 Introduction
6.2 Do GCS apply to the contract?
6.3 Which GCS apply to a contract?
6.4 Multiple choice
6.5 Cases
Chapter 7 RETENTION OF TITLE
7.1 Introduction
7.2 Simple retention of title clause
7.3 All monies or all sums retention of title
7.4 Extended retention of title
7.5 Multiple choice
7.6 Cases
Chapter 8 THE INTERNATIONAL SALE OF GOODS
8.1 Introduction
8.2 Content of CISG 274
8.3 Committing a breach of contract 282
8.4 Multiple choice 292
8.5 Cases 293
Chapter 9 - PRODUCT SAFETY AND PRODUCT LIABILITY
9.1 Product recall
9.2 Product liability
9.3 Multiple choice
9.4 Cases
Chapter 10 - INCOTERMS
10.1 Introduction: Incoterms 2020
10.2 EXW: Ex Works
10.3 F-terms
10.4 C-terms
10.5 D-terms
10.6 Free on Board (FOB) and Cost, Insurance and Freight (CIF)
10.7 Multiple choice
10.8 Cases
Chapter 11 - CONTRACT OF CARRIAGE
11.1 Introduction
11.2 General principles of contract of carriage
11.3 Sea carriage
11.4 Air carriage
11.5 Road carriage
11.6 Multiple choice
11.7 Cases
Chapter 12 - JURISDICTION AND ARBITRATION
12.1 Introduction
12.2 Scope Article 1 Brussels I recast
12.3 Rules on jurisdiction
12.4 Deviation from the general rule
12.5 To execute a court judgment in another country
12.6 Multiple choice
12.7 Cases
Chapter 13 - APPLICABLE LAW
13.1 Introduction
13.2 The scope of Rome I
13.3 Law applicable to a tort or other non-contractual obligations (Rome II)
13.4 Multiple choice
13.5 Cases
13.6 Multiple choice integrating Chapters 8, 10, 12 and 13
13.7 Cases integrating Chapters 8, 12 and 13
Chapter 14 - STANDARD CONTRACT CLAUSES
14.1 An entire agreement clause
14.2 Force majeure and frustration
14.3 Severability clause
14.4 No assignment clause
14.5 Multiple choice
14.6 Cases
Chapter 15 - PAYMENT CONDITIONS
15.1 Introduction
15.2 Payment in advance
15.3 Payment in open account
15.4 Cheque
15.5 Bill of exchange
15.6 Letter of credit or Documentary Collection
15.7 Standard forms of documentation
15.8 Types of letter of credit
15.9 Common defects in letter of credit documentation
15.10 Risks using letter of credit
15.11 Documentary Collection
15.12 Multiple choice
15.13 Cases
Jurisprudence