The LLM in International Commercial Law at the University of Johannesburg (the flagship programme of the Faculty of Law) is designed to be completed by full-time students within one year and by part-time students over two years. The programme consists of the modules International Commercial Law A, B, and C, as well as a minor dissertation on a topic in International Commercial Law. International Commercial Law A and B are offered during the first semester and International Commercial Law C during the second.
The LLM programme provides the student with an overview of the private-law aspects of international trade, with an emphasis on private international legal issues. The conflicts-orientation of the course indeed makes it unique and a wide comparative approach is taken in this regard, comprising legal systems in Africa, Australasia, Europe, the Middle East, the Far East and North and South America, together with the relevant regional, supranational and international instruments in this field. Most lectures are offered by Prof Jan L Neels, distinguished professor of International Commercial Law and director of the Research Centre for Private International Law in Emerging Countries at the University of Johannesburg. Prof Neels was a member of the working group responsible for the drafting of the Hague Principles on Choice of Law in International Commercial Contracts and the official commentary on the Principles under the auspices of the Hague Conference on Private International Law. He is a member of the Governing Council of UNIDROIT in Rome. UJ has formal agreements in place with the Hague Conference and UNIDROIT and the UJ Law Library is a depository library for both international organizations. Dr. Eesa Fredericks, deputy director of the Research Centre, is the module coordinator for International Commercial Law A. Prof Michael Martinek from the University of Saarland in Germany offers various lectures in the LLM programme in his capacity of distinguished visiting professor of International Commercial Law at UJ. Prof Martinek is a leading academic with honorary doctorates from universities in China, France, Poland, and Romania. Additional lectures are offered by Prof Charl Hugo (professor of Banking Law and member of the Banking Commission of the International Chamber of Commerce), Mr. Faadhil Adams and Mr. Garth Bouwers, as well as guest lecturers from other universities and organizations.
Classes take place at 18h00-20h00 on weekdays. In general, as a minimum admission requirement, students must have obtained an average of 65% for the law subjects in the LLB degree. The student body may include learners from our partner universities in Angola, Belgium, China, Germany, Iceland, India, Kenya, Malawi, the Netherlands, Tanzania, and Turkey.
INTERNATIONAL COMMERCIAL LAW A
The role and nature of international commercial law.
Civil and commercial jurisdiction in various African countries (including South Africa), Australia, Brazil, Canada, India and the European Union (the Brussels Ibis Regulation and the internal law of France, Germany and the United Kingdom).
The recognition and enforcement of foreign judgments in various African countries (including South Africa), Australia, Brazil, Canada, India and the European Union (the Brussels Ibis Regulation and the internal law of France, Germany and the United Kingdom).
- The Hague Convention on Choice of Court Agreements and the Hague Judgements Project.
INTERNATIONAL COMMERCIAL LAW B
A private international law contract, liberative prescription, and property in
a. national legal systems, including those of various African countries (including South Africa), Australia, Brazil, Canada, China, India, Japan, Russia, South Korea, Switzerland, Turkey and the United States of America;
b. regional and supranational instruments, including the Mexico City Convention and the Rome I Regulation (European Union); and
c. international instruments, including the Convention sur la loi applicable aux ventes à caractère international d’objets mobiliers corporels and the Hague Principles on Choice of Law in International Commercial Contracts.
INTERNATIONAL COMMERCIAL LAW C
An introduction to comparative law.
- The international law of contract and aspects of property law:
- a. domestic property and contract law in the international sphere: selected jurisdictions;
- b. the Incoterms of the International Chamber of Commerce;
- c. aspects of the United Nations Convention on the International Sale of Goods;
- d. the United Nations Convention on the Limitation Period in the International Sale of Goods;
- e. aspects of the UNIDROIT Principles of International Commercial Contracts.
International financing law from the perspective of the common law and private international law, with reference to the International Chamber of Commerce’s Uniform Customs and Practice for Documentary Credits.
An introduction to international transport law and international transport insurance law from the perspective of South African law with reference to international instruments.
- International commercial arbitration with reference to the UNCITRAL Model Law on International Commercial Arbitration, the New York Arbitration Convention and various sets of arbitration rules.
Bursaries are available. Students who register for the first time in 2018 and who complete their Master’s degrees within a period of two years, qualify for reimbursement of their full tuition fees (excluding the registration fee and ICT levy and subject to certain terms and conditions).
For further information and inquiries regarding entry requirements, closing dates and the application procedure, as well as the content of the coursework, please do not hesitate to contact the faculty:
Mrs. P Magongoa: Auckland Park Kingsway Campus
Tel: 011 559 3843 , Email: firstname.lastname@example.org , Web: www.uj.ac.za/law
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