Welcome to the course International Commercial Law (15 credits) at Mälardalen University.
I am truly looking forward to beginning this course again. It has been a year since the previous session started, and this year, I am introducing more AI tools into the curriculum. My ambition is for us to develop effective habits when utilizing AI within a legal environment. There are numerous pitfalls we must learn to navigate and avoid. Remember: we do not become lawyers simply by subscribing to an AI tool; however, we can definitely enhance our legal argumentation skills by using these tools correctly.
Once again, I wish you a warm welcome to what I hope will be a rewarding and intellectually stimulating course.
Best regards,
Krister
Important Information: The Blog
As part of our learning journey, we will utilize my professional blog. This platform is more than just a website; it is a legally protected publication under the Swedish Fundamental Law on Freedom of Expression (YGL).
Key takeaways for you as a student:
- Constitutional Protection: The blog holds a formal publishing certificate, ensuring strong legal protections for freedom of speech.
- Source Protection (Källskydd): I have a statutory duty to protect the identity of anyone who provides information for publication. Authorities are legally barred from investigating these sources.
- Educational Purpose: This is a space for dialogue on law, economics, and AI. It promotes transparency and critical thinking beyond the classroom.
- Legal Disclaimer: While the content is designed to sharpen your legal mind, it serves educational purposes only and does not constitute formal legal advice.
Hi,
What type of dictionary are we allowed to bring to the exam and where can we get them?
Hi
In course Introduction to Commercial Law you can bring a printed dictionary.
Is your book a dictionary (Ordbok)? If its purpose is strictly to translate words from one language to another, it is permitted.
Is your book an encyclopedia (Lexikon)? If it explains concepts and facts, please leave it at home it is not allowed on the exam.
You can purchase them wherever books are sold.
Best regards,
Krister
Hi Krister,
I have collected a few questions that I would like to clarify!
1. How are we supposed to understand what each article is about? For example, in (TEU) Article 3, you mentioned during the lecture that it concerns the EU’s objectives. However, this is not written directly in the title, and we only understand it when we read the first paragraph: “The Union’s aim is to promote peace, its values and the well-being of its peoples.” My question is: how should we know that the EU’s objectives are included under the section titled “Common Provisions”, especially since the language in the treaty is advanced and difficult?
2. Regarding the exam, will it only include the articles that you went through during the lectures?
3. Will any of the cases that we worked with appear in the exam? In Lecture 3 (Part 1) you discussed a case, should we expect something similar in the exam, or was that only for the assignment?
4. When we answer in the exam, how should we reference the law? Do we always need to write something like “Based on the (TEU), Article X …”, or is there another acceptable way to refer to the articles?
5. Do we need to learn and remember the structure of the Swedish courts (allmänna domstolar) that you explained in Lecture 2, Part 3 (around 21:12)?
6. Regarding the EU institutions: should we reference each institution mentioned in TEU Article 13, to the more detailed provisions in the TFEU (for example starting with the European Parliament in Article 223 and the following articles), or is it sufficient to remain within TEU Article 13 and cite other articles within the same treaty for each institution?
Hi
I will address these questions during the summary lecture.
/Krister
Hello, could you please list the most important articles in the Law Text Compendium that would be useful for us to mark, as it is difficult to rewatch all the lectures to find the ones you mentioned?
No, I will not publish a list of articles.
The purpose of the lectures, and of making the lecture recordings available, is to give you the opportunity to go back and review material you may have missed or need to revisit. The lectures are intended to support your learning, not replace your own work with the legal texts.
An important part of the course is that you practise using the Law Text Compendium yourself. This is part of learning legal method: identifying which provisions are relevant, finding them in the text, and understanding how they apply in a particular context. That skill is central to legal studies and something you need to develop through practice.
If I were to provide a complete list of all the articles mentioned in the lectures, it would take away an important part of that learning process. It might make things easier in the short term, but it would not help you develop the skills the course is designed to train.
The aim of the course is not simply to help you get through the material as quickly as possible, but to help you learn how to work independently with legal sources. That is also why the lectures and the compendium are meant to be used together.
You are studying not only to find the right answer, but to learn how to find, assess, and apply the relevant legal rules on your own. That is where the real learning takes place.
What tools are we allowed to bring with us during the seminar? Computer? Notes?
Hi,
You may bring:
your assignment paper
your opposition paper
a printout of the opposition written by the other group on your paper
your own notes
the law text compendium
the EU book
You are not allowed to bring a computer or any other electronic devices.
Best regards,
Krister
Will you send out any preparation for the seminar or how the seminar will go, etc?
Information Regarding the Seminar
We will begin by exploring the background, legal issues, and judgments of both cases together. I will pose questions for you to address, and your responses will allow us to illustrate both cases on the board.
Once we have established a mutual understanding of the ’playing field,’ we will analyze the court’s reasoning behind its conclusions. Following this, we will discuss the future implications of these judgments. You will then have the opportunity to comment on the critique provided by the opposing group and reflect on the insights gained from their perspective. The opposing group will also be invited to discuss their critique and your subsequent responses.
To conclude, we will share our experiences using AI tools and discuss how their application was documented in your work. The seminar will close with a collective reflection on the core question: What have you learned today?
Best regards,
Krister
Hello! I am wondering what spacing should be used and required in the assignment, is it acceptable to use 1.15? I could not find any formatting specifications and instructions so I would like to confirmed what is preferred?
Hi,
Yes, 1,15 is OK
/Krister
I have a question regarding footnote referencing using the Oxford system in our assignment.
I would like to clarify how detailed my references need to be. In particular, I am unsure whether it is sufficient to refer generally to the judgment in a case, or whether I am expected to specify paragraph numbers. I am also uncertain when separate references are required for the Charter of Fundamental Rights, TFEU provisions, or directives, and when it is acceptable to cite only the judgment as a whole.
Some guidance on the required level of precision would be greatly appreciated, as different sources seem to give different advice.
Hi
Precision in your footnotes tells the reader that you haven’t just skimmed a summary of a case, but have actually engaged with the primary source.
Here is some guidance on the level of detail required when using the OSCOLA (Oxford) system for your assignment:
1. Do I need to specify paragraph numbers (pinpointing)?
The short answer is: Yes, absolutely.
In legal scholarship, a general reference to a judgment is rarely sufficient. A Court of Justice (CJEU) judgment might cover several different legal points across dozens of pages. If you are citing a specific rule, a test, or a definition created by the Court, you must point the reader to exactly where that occurs.
The Rule: When referencing a specific part of a judgment, add the paragraph number in square brackets at the end of the citation.
Example: Case C-176/03 Commission v Council ECLI:EU:C:2005:542 [47]-[48].
If you are merely mentioning a case to provide historical context (e.g., ”The Cassis de Dijon case changed the landscape of the internal market”), a general citation is fine. However, if you are using the case to support a specific legal argument, pinpointing is mandatory.
2. Separate references: Treaties, Directives, and Cases
A common pitfall for students is confusing the legal rule with the judicial interpretation of that rule.
The Provision (The ”What”): If you state that ”Article 101 TFEU prohibits anti-competitive agreements,” your footnote must cite the Treaty (TFEU).
The Judgment (The ”How”): If you then say, ”The Court held in Hofner that the concept of an ’undertaking’ encompasses every entity engaged in an economic activity,” your footnote must cite the Judgment (and the specific paragraph where that definition is found).
Rule of Thumb:
If you mention the Charter, a Treaty article, or a Directive by name/number in your text, it requires its own citation the first time it appears. You should not ”hide” a legislative provision inside a case law reference.
Consistency is the hallmark of a successful law student. If you choose to use ”para” or ”paras” instead of square brackets (though square brackets are standard for CJEU cases in OSCOLA), ensure you do it the same way throughout the entire document.
Precision shows authority. It tells me that you know exactly where the law is found, rather than just guessing.
Best regards,
Krister
Hello,
I have a question regarding the page limit for the assignment. Do footnotes count towards the total page count? Since we are required to reference according to the Oxford style, the footnotes take up a considerable amount of space.
I also find it somewhat challenging to fit all the required elements Background, Legal Issues, Court Reasoning, and Critical Analysis for four different cases within pages 2–7. The space feels quite limited given the scope of the analysis expected.
I would be grateful if you could clarify how strictly the page limit should be interpreted in relation to footnotes and the required structure.
Hi!
I understand it feels tight, but here is the deal:
The Page Limit is Fixed
The page count is a maximum limit. If your assignment is longer than the allowed pages, it will not be approved. This is a firm rule.
Footnotes and Oxford Style
Yes, footnotes count. They are part of the total page count, even if they take up a lot of space.
The Oxford method is mandatory for this assignment.
Please check the course homepage again for specific instructions on how to use this reference system correctly.
The Real Challenge
In the age of AI, it is very easy to write many pages of text. That isn’t the difficult part. The real academic challenge here is to narrow it down.
You need to pick out only the most important facts and legal points to fit the Background, Issues, Reasoning, and Analysis into the space provided. Being concise is a key skill in law.
Best regards,
Krister
Hello! On cases in the group assignment, there are the ”judgment of the court” and the ”opinion of advocate general”. Should we read both of them or just one?
Hi,
To answer your question directly: while the ”Judgment of the Court” is your primary source of law, you should absolutely read both if you want to achieve the depth required for this specific assignment.
Here is why this distinction matters for your analysis:
1. The Judgment of the Court: The Final Word
The Judgment is the legally binding decision. It represents the collective voice of the judges.
• Purpose: It outlines the final interpretation of the Charter and Treaties.
• Style: Often written in a more formal, sometimes ”staccato” style to ensure consensus among the judges.
• Requirement: You must use this to identify the legal tests the Court employs and how they weigh conflicting interests.
2. The Opinion of the Advocate General (AG): The ”Roadmap”
The AG is an independent advisor to the Court. Their opinion is not binding, but it is often much more detailed and discursive.
• Why read it? The AG often explores the alternative interpretations and normative implications that your instructions specifically ask you to investigate.
• Critical Thinking: Comparing where the Court followed the AG and where they disagreed is a goldmine for your ”Critical Analysis” section.
• Systematic Relationship: AGs often do the heavy lifting in explaining how a case builds upon or breaks from established practice.
Pro-Tip for your Group Work
Your instructions state that the analysis should go beyond merely reproducing the court’s reasoning.
By reading the AG’s opinion, you gain access to a ”critique” of the law before the final judgment was even written. This will make your Critical Analysis (Pages 2-7) significantly stronger and much easier to write.
Best regards,
Krister
Hello Krister,
For some reason we can’t download the cases for the group assignment and if we convert it to PDF we only get one page and not the full doc.
Is there anything we can do to access the cases so we can upload them into notebook?
Hello everyone,
It seems some of you are only getting the first page when trying to save them as PDFs.
Let’s look at this as a practical exercise in legal research: The documents are available, but you must be persistent to find the complete versions.
Navigating the System
The European Court of Justice (ECJ) database can be difficult to navigate at first. It often takes some trial and error to locate the full-text versions and format them correctly for your digital notebooks.
To make things easier, please try using this direct link to access the resources: https://eur-lex.europa.eu/advanced-search-form.html?action=update&qid=1770140726136
Why Persistence Matters
In the professional world of commercial law, the information you need isn’t always easy to find.
Whether it is a specific clause in a contract or a difficult-to-find court ruling, a lawyer’s job is to keep searching until they succeed. Use this as an opportunity to build those research skills.
Keep at it—the full documents are there.
Best regards,
Krister
Hello! I just wanted to share a small suggestion regarding Lecture 3, Video 2:
I had a bit of difficulty grasping the concept of grammatical interpretation of law when the pine cone example was used. Personally, I found the example of vehicles much easier to understand. For instance, if a law states “no vehicles in the park,” what does that actually mean? Cars are the obvious example, but does it also include electric scooters, bicycles, toy cars, or sledges?
I thought this example made the concept clearer. Just a small tip 🙏🏽 thank you for an otherwise great and well illustrated video!
Hi,
I sincerely appreciate your feedback regarding the pine cone example; it was certainly a bit ”stuck in the woods.”
I will incorporate the vehicle dilemma into the upcoming course summary as a replacement.
Please continue to share these insights—it is precisely this level of critical thinking that enhances the quality of our course.
Best regards,
Krister
Which website should I use to search for the assignment’s cases?
Hi,
You will find an instructional video under Lecture 2, titled ’MOVIE: How to find a case from the ECJ.
Best regards,
Krister
Hello,
When will we be getting instructions for the group assignment?
Hi
It is published on Canvas
Best regards,
Krister
Hi, I have some small thoughts about the different cases.
I understand that you should read them and understand them. What more concrete things are we supposed to do? I have asked AI to explain them etc., but is the idea to do something more with them than understanding all these cases?
Moving from ”Reading” to ”Applying” Law
Hi!
That is a very good question. It touches on the exact transition you need to make from being a student who memorizes to a legal professional who analyzes.
It is one thing to read the cases and understand the stories; it is quite another to utilize them as tools in your professional legal practice.
Here is why we do this and what you should be doing more concretely.
The Core Objective: Mapping the Mechanics
The purpose of reading these specific cases is to understand the technical concept of Direct Effect and its various ”flavors.” You shouldn’t just know what happened; you should know how the legal machinery works.
When you study a case, focus on identifying:
The Legal Act involved: Is it a Treaty provision, a Directive, or a Regulation?
The Variation of Direct Effect: Is it Vertical (individual vs. state) or Horizontal (individual vs. individual)?
The Alternative: If Direct Effect isn’t applicable, does the court apply Indirect Effect (interpreting national law to reach the same goal)?
Why this matters: Dual Vigilance
The Court has introduced these concepts to create what is known as Dual Vigilance in EU law. By allowing individuals and companies to invoke EU law in national courts, the EU ensures that Member States follow the rules not just because the Commission is watching, but because everyone is watching.
Your task is to reflect: What are the implications for a company or an individual in different EU countries? How does a ruling in Luxembourg practically change the legal standing of a client in Sweden?
Three Concrete Steps for Your Study
If you want to go deeper than just ”understanding” the plot, try this:
Read the EU Book: Go back to the chapter regarding the concept of Direct Effect. The textbook provides the academic framework that connects all these separate cases into one coherent system.
The ”Non-Student” Challenge: Take your Lecture Slides and try to explain their content to someone who isn’t studying law. If you can translate ”Vertical Direct Effect of a Directive” into plain language that a friend can understand, you truly know the material.
Analyze the ”Who”: Always look at the parties. If the defendant was a private company instead of the state, would the result be different? This helps you understand the limits of the law.
Please make a comment if my answer is unclear 🙂
Best regards,
Krister
First lecture complete.
Reflecting on the session, I realized during my video edits that the lecture might have featured a bit too much discussion on AI. On the other hand, we will be utilizing these technologies extensively, and as mentioned, I am still learning the extent of your proficiency with these various tools. Time will tell!
Additionally, I felt my initial explanation of the Socialist Law system could have been clearer. You can find a more comprehensive definition by using an AI tool—such as ChatGPT, Gemini, Perplexity, Copilot, or Claude—with the following prompt:
”If you categorize the global legal landscape into systems such as Common Law, Civil Law, Theocratic Law, Socialist Law, Traditional Law, and Mixed Law, how would you describe the Socialist Law system?”
I have added a detailed AI-generated response to the notes section of my PowerPoint slides for my reference. Moving forward, I will strive to provide more nuanced answers to such complex questions.
I have also launched the Study Guide AI – Spring 2026 on our Canvas homepage. Please feel free to share your feedback on the first lecture—I welcome both your positive insights and constructive critiques.
Best regards,
Krister
Hi
Sunday evening reflections: GDPR and the ”New Normal”
It is Sunday evening, 8 PM. I am sitting here at home office preparing the final details for our 9 AM lecture tomorrow. I am looking at a complex court case regarding the protection of personal data.
I am thinking about how to teach this tomorrow. Should I just show the judgment on the screen like usual? Or should we do something more modern?
I am tempted to use NotebookLM. My idea is to upload the old Directive (the one that was valid when the case was decided) and the current GDPR. Then, we can teach the AI to find the differences in real-time. This is how many lawyers work today—they use AI to compare old law with new law to see what has changed.
A concern for the group
I must be honest with you: I am a bit worried. I see that many of you are not really using AI yet.
In this course, AI is a progression. We start with small steps, but it builds up. If you are not ”on the train” now, you will have a very hard time with the mandatory assignment later in the course. You cannot ”cram” AI skills at the last minute; you need to practice now.
Where are the comments?
I also noticed our blog is very quiet. The students in the Tax Law course are posting much more than we are! Why is that? Are you shy, or just busy?
I want this blog to be a place where we talk. It doesn’t have to be a perfect academic essay—just your thoughts on Commercial Law.
I will decide tonight how we do the lecture tomorrow. Maybe I will surprise you with a live AI demo. See you at 09:00!
Best regards;
Krister
Krister,
Thank you for sharing your reflections. I think it’s good that you try to develop the course and show how legal work is changing. At the same time, I want to be honest about why the blog has been quiet and why some students seem less engaged.All of us are using AI not for the first year already, but the challenge right now isn’t whether we’re “on the train” with tools like NotebookLM. The bigger issue is that we’re struggling with the core structure of the course and the commercial law theory we need to understand to pass the exam.
This is what most of us feel unsure about:
1. What the “main framework” is (the core concepts, rules, and how they connect)
2. What we are expected to be able to do at exam level
3. How the lectures, readings, and cases fit together into one clear progression
When a lot of lecture time goes into AI methods and demonstrations, it feels like we’re missing the fundamentals: the legal reasoning, the main doctrines, and the exam-focused overview. That uncertainty makes it harder to participate, comment, or even know what to ask because many of us don’t feel we have the baseline map of the subject yet.
I’m saying this respectfully, but directly: we need more commercial law teaching and clearer guidance, and AI should be a supporting tool but not the main focus.
If we had the clarity, I’m confident the blog would be more active and attendance would improve because people would feel they understand what they’re working toward.
I hope you take this in the constructive spirit it’s meant. We want to learn, and we want the course to work. But right now, many of us feel the commercial law part needs to be stronger and more structured.
Hi,
First of all, thank you for this comment. This is exactly the kind of honest feedback I want to see on this blog! It takes courage to speak up, and I appreciate your constructive spirit.
I hear you loud and clear. You want the ”baseline map” of Commercial Law. You want to know how the rules connect so you can feel safe for the exam. This is my main priority too.
Here is my plan for the rest of the course:
Structure first: When we talk about case law, I will start by ”zooming out” to explain how the cases fit into the bigger picture of Commercial Law. I will be more clear about what is exam-level knowledge. We have now covered the basics of EU Law, and the following subjects will be more clear Commercial Law—starting with Contract Law.
AI as a ”Map Maker”: I understand that the AI demos can feel like a distraction if you don’t know the law yet. My goal with NotebookLM isn’t to replace the law, but to show you a tool that helps you find that structure faster. But I hear you—we need to make sure the ”legal foundation” is solid first.
The ”Big Picture”: I will provide a clearer overview of how the lectures, cases, and readings fit together. I don’t want anyone to feel lost.
The Assignment: The assignment is now published on the course homepage. It will give you a clear picture of what the first exam looks like. I have also published several earlier exams and suggested answers. I hope these will help you see the requirements and the ”big picture.”
A challenge for you: Now that the ”ice is broken,” keep telling me where the gaps are! If a concept is unclear, ask here on the blog. If you don’t know how a case connects to the theory, post it.
I will make the commercial law part stronger and more structured, and we will use AI only as a support tool to help us understand that structure.
Best regards,
Krister