Units

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Sample subject outline - Semester 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

This unit on international business transactions law addresses the formation and operation of cross-border transactions involving sales of goods, IP licensing and foreign investment. An understanding of the law and practice regarding international business transactions is a basic prerequisite for the Australian and regional economic development. The importance of international business transactions law as a subject of legal study is attested to by the ever increasing number of courses offered on it at the postgraduate level in Australian Law Schools.

Aims

This unit aims to overview and critically analyse the broad range of legal issues that arise in relation to the formation and operation of business transactions of an international nature. You will be asked to evaluate the effectiveness of various international commercial practices, national regulation, and international uniform rules, model laws and conventions.

Objectives

On completion of this unit, you will be able to:
1. Demonstrate solid knowledge of the salient aspects of international economic law in regard to commercial transactions of an international nature, through having been introduced to a range of commercial practices and usage, national regulation, and international uniform rules, model laws and conventions.
2. Identify and appraise skills and strategies required to engage successfully in international commercial dealings, in the light of the practical concerns of business such the need to recognize and manage risk attendant to international transactions given the realities of the international legal environment.
3. Analyse the major divergences in practices and arrangements of national jurisdictions in their regulation of international commercial transactions.
4. Critically evaluate contemporary developments in international economic law, especially the initiatives of inter-governmental and non-governmental trade agencies in developing a unified body of international commercial law.
5. Demonstrate the ability to conduct research at an advanced level and to write substantial research papers on topics of current concern in areas of law relating to international business transactions.

Content

Topics covered in this unit will include:

• The International Economic Law Environment;


• Fundamental Patterns of International Business;


• Resolution of Disputes involving International Contracts;


• International Sale of Goods;


• International IP Licensing;


• Foreign Direct Investment;


• Marketing Arrangements, including Agency and Distribution.

Approaches to Teaching and Learning

The unit will be taught in a block mode over four days. Attendance at the classes is essential.

Classes are organised and conducted in a flexible manner in recognition of:
(a) the requirements of small group postgraduate teaching;
(b) the complex and diverse material covered in the unit, and
(c) your needs in researching for the research paper.

At all times, interaction between the students and lecturer is encouraged. On occasions a more formal lecture style will be adopted, but at other times greater class participation through discussion and problem solving will be required.

Assessment

The assessment regime is consistent with the Law School objectives for postgraduate study. The assessment in this unit is both formative and summative.Throughout the class sessions, you will be provided with formative feedback by the lecturer, on both your responses to individual questions and on your participation in class and group discussions. You will also receive feedback on the research methodology you submit (see below Assessment Item No 2).

Assessment name: Discussion Forum
Description: The discussion forum will involve class performance.
Class performance takes into account your preparation for, and participation in the class sessions.
Relates to objectives: The assessment is linked to learning outcomes 1- 4
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: During Class

Assessment name: Research Methodology
Description: You will be required to submit a short written (not in excess of 2 pages) outline of your research paper topic and a research methodology by the end of 2 weeks after the completion of classes. Written feedback will be given to you on the topic and methodology, including suggestions for improvement.
Relates to objectives: The assessment is linked to learning outcomes 1- 5
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: 2 wks after Class

Assessment name: Research Paper
Description: You will be required to submit a typed 6000 - 7000 word (maximum) research paper based upon the approved research methodology and taking into account the feedback provided to you in relation to the methodology.
The research paper will require to you critically analyse a topic of current concern in areas of international commercial transactions. You will be assessed on your demonstrated familiarity with relevant literature and its critical review together with synthesis of this material into a coherent argument/discussion and the level of critical ability revealed by the analysis.

A list of research topics will be provided to you at the commencement of the block classes.
Relates to objectives: The assessment is linked to learning outcomes 1 - 5
Weight: 70%
Internal or external: Internal
Group or individual: Individual
Due date: 8 wks after Class

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed material

Folsom, Gordon, Spanogle & Fitzgerald, International Business Transactions (10th Ed. West 2010) (appropriate excerpts will be available on unit Blackboard site).

Statutes

Statutory and Treaty material will be available on the unit Blackboard site.

Other

Other materials and bibliographical information will be available on the unit Blackboard site.

Select recommended references
C Cheng, Basic Documents on International Trade Law, 4th ed, Kluwer (2009)
G Delaume, Law and Practice of Transnational Contracts, Oceana (1988)
M Davies and A Dickey, Shipping Law, 3rd ed, LawBook Co (2004)
R Edwards and R Weston, International Trade Finance, LawBook Co (1986)
S Fisher and D Fisher, Export Best Practice, Federation Press (1998)
W Fox, International Commercial Agreements, 3rd ed, Kluwer (1998)
J Honnold and H. Flechtner, Uniform Law for International Sales, 4th ed, Kluwer (2009)
N Horn and CM Schmitthoff (eds), The Transnational Law of International Commercial Transactions, Kluwer (1982)
H Van Houtte, The Law of International Trade, 2nd ed, Sweet and Maxwell (2001)
M Islam, International Trade Law, LawBook Co (1999)
J Lew and C Stanbrook (eds), International Trade: Law and Practice, 2 Vols, 2nd ed, Euromoney (1990)
J Mo, International Commercial Law, 4th ed, Butterworths (2009)
M Pryles, J Waincymer and M Davies, International Trade Law: Commentary and Materials, 2nd ed, LawBook Co (2004) esp. Chapters 1-8
P Sarcevic and P Volken (eds), International Sale of Goods, Oceana (1986)
M Vranken, Fundamentals of European Civil Law, Federation Press (1997) esp. Chapters 1-5
K Wilde and M Islam (eds), International Transactions: Trade and Investment Law and Finance, LawBook Co (1993)

Risk assessment statement

There are no out of the ordinary risks associated with this unit

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 30-May-2012