Advanced Contract Law & Negotiation
Assessed intended learning outcomes
Knowledge and Understanding
1. Demonstrate an advanced and detailed knowledge and understanding of the law relating to trans-national contractual terms;
2. Demonstrate an advanced knowledge and understanding of the scope use and use of trans-national standard form contracts;
3. Demonstrate particular expertise in the use and interpretation of both standard and individually-negotiated terms
4. Negotiate complex and specialist agreements with skill and expertise;
5. Operate professionally, ethically and with cultural awareness in a trans-national contractual environment.
Transferable/Key Skills and other attributes
6. Work individually to clarify objectives and construct cogent and persuasive arguments in response to the issues and problems posed;
7. Locate and synthesise information from a range of published literature and electronic sources and present this effectively in oral, written and other media;
8. Take responsibility for personal learning and continuous professional development.
Task details and instructions
‘The newer [investor-state] contracts are more realistic in that they use techniques that contemplate a contractual equilibrium and the adjustment of the equilibrium through negotiation in the event that any change affects the equilibrium. Damages result only if the state fails to negotiate or does not agree on an appropriate new equilibrium.'
Sornarajah M, Resistance and Change in the International Law on Foreign Investment (Cambridge University Press 2015), p. 132.
With reference to relevant case law and scholarly material, critically assess the efficacy of the contractual techniques described in the quote.
Attachment:- Assignment.rar