International Business Transactions

This course examines the legal frameworks governing international business transactions. It focuses on cross-border commercial activity and the interaction between domestic law, international conventions, and private contractual arrangements. The course situates these frameworks within the broader context of global commerce and considers how legal rules and transactional design are used to allocate risk and structure complex commercial relationships. The course is organized around the principal stages of an international transaction. It begins with the international sale of goods under the United Nations Convention on Contracts for the International Sale of Goods (CISG), including issues of scope, contract formation, performance, and remedies. It then addresses payment mechanisms commonly used in international trade, including documentary sales and letters of credit, and examines the role of financial institutions in facilitating cross-border transactions. The course also considers the legal framework governing foreign direct investment and the structuring of investments across jurisdictions. The course further examines methods of dispute resolution in the international commercial context. Topics include litigation in national courts, international arbitration, and the recognition and enforcement of judgments and arbitral awards, including under the New York Convention. The course also introduces issues relating to corporate social responsibility, compliance, and related regulatory considerations that increasingly affect international business activity. Readings consist of excerpts from a principal textbook, selected cases, and relevant international instruments. The course emphasizes both doctrinal analysis and the application of legal principles to practical problems arising in international business transactions.