International Commercial Law: Cross-border Trade Game and Rules in the context of Global Economy

Course 19: International Commercial Law: Cross-border Trade Game and Rules in the context of Global Economy

I. Course Description

From 1980 to 2021, global cross-border investment flows increased from $53 billion to $2.2 trillion, and the share of global trade in GDP increased from 37% to 57%. This growth benefits from a rule-based international economic system, facilitating the cross-border flow of goods, capital, people, and information. Since the end of World War II, a series of international legal agreements and institutions have regulated the global economy and maintained economic stability. Despite the measures taken by some countries to address the challenges of globalization, the global economic system remains at the heart of economic productivity and prosperity.

This course introduces students to the rules of public and private law related to international business transactions. The course begins with an introduction to international law itself, particularly international economic law, thus providing legal analysis skills to students who wish to further study law in the context of business transactions. The course also covers the basic rules, methods and processes of international law, and then moves to specific areas of business regulation, including international trade, international investment, international monetary affairs, and the government regulation of cross-border transactions. Subsequently, the course discusses agreements between companies, studies the nature of cross-border contracts and ways to resolve corporate disputes through arbitration. This course is suitable for students who are studying law for the first time and for students who have already studied domestic law. It is specifically tailored for students who wish to seek educational and career opportunities in the field of international business and want to understand how international rules build and promote business opportunities.

II. Professor Introduction

William Burke-White – Tenured professor at the University of Pennsylvania

Professor William Burke-White graduated from Harvard University with his bachelors and masters degrees from the School of International Relations at the University of Cambridge, and received his PhD in International Relations in 2006. He is currently a tenured professor at the University of Pennsylvania Law School and was the associate dean of the University of Pennsylvania Law School. Professor William Burke-White has served in the Obama administration on Secretary of State Hillary Clintons policy planning team, providing him with policy advice on multilateral diplomatic and international institutions. He was the lead drafters of the quadrennial Diplomatic and Development Review (QDDR), Secretary Clintons signature foreign policy and institutional reform initiative.

Professor William Burke-Whites research covers post-conflict justice, international Criminal Court, international human rights and international arbitration. He is the author of Multi-level Global Governance Practice: International Law on Urban Governance and the Compliance of the International Center for Settlement of Investment Disputes. For now, his research focuses on exploring loopholes in the global governance system and the challenges of international law norms in a world of rising powers and divided interests.

III. Syllabus

1. An Overview of the International Business Law
2. Source of legal obligations
3. The role of the international economic institutions
4. The Trade Act I
5. The Trade Act II
6. Investment method I
7. International financial law
8. Private law and international business transactions
9. International arbitration
10. Restrictions and future trends of international commercial law