Lesson 1

Question 1

What is the focus of the course ‘International Business Law’?

Answer 1

It focuses on the lifecycle of international commercial contracts, with emphasis on contract negotiation, drafting, and legal frameworks such as the CISG.

Question 2

Who are the primary actors in international business law?

Answer 2

• States
• State-run entities
• Supranational Organizations (e.g., EU)
• International Organizations (e.g., WTO)
• State Groups (e.g., OECD)
• Administrative Cooperations
• NGOs
• Private Entities (e.g., corporations)

Question 3

What are the main legal sources in international business law?

Answer 3

• International treaties and conventions (e.g., CISG)
• National law
• Supranational regulations
• Contractual agreements
• Soft law and private codifications (e.g., UNIDROIT Principles)

Question 4

What are the four typical phases of an international contract?

Answer 4

1. Pre-Contract – e.g., NDA, Letter of Intent
2. Contract Formation – offer, acceptance
3. Operative Phase – delivery, payment
4. Post-Contract – warranties, dispute resolution

Question 5

What is the structure of a typical international contract?

Answer 5

• Introduction (e.g., recitals)
• Primary Operative Provisions (e.g., price, delivery)
• Secondary Operative Provisions (e.g., liability, indemnification)
• Framework Provisions (e.g., governing law, assignment)
• Post-contractual Obligations

Question 6

What are the two types of law relevant to contracts?

Answer 6

• Mandatory Law (ius cogens) – cannot be overridden (e.g., human rights)
• Dispositive Law (ius dispositivum) – can be modified by agreement

Question 7

Why is it important to understand governing law and jurisdiction in contracts?

Answer 7

Because they affect the interpretation, enforcement, and validity of contract terms, and define procedural rights and remedies.