Units

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Sample subject outline - Semester 1 2013

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

Rationale

This unit on international trade law addresses the broad range of legal problems that arise in the formation and operation of commercial transactions of an international nature. An understanding of the law and practice regarding international commercial transactions is a basic prerequisite for the development of export activity, such activity being generally recognised as crucial to a nation's economic well-being. The importance of international trade 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

The aim of this unit is for you to develop a thorough understanding of the major sources as well as the operation of international commercial legal principles. In addition to gaining a better understanding of international sales of goods law, this unit will also examine the fundamentals of international contracting generally. The aim is directed towards ensuring that you have a clear understanding of the source and principles of international commercial/business law and its implications in assessing business and transactional risks.

Objectives

On completion of this unit, you will be able to:
1. Demonstrate solid knowledge of the salient aspects of international trade 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 appreciate 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. Employ a comparative perspective in the analysis of major divergences in practices and arrangements of national jurisdictions in their regulation of international commercial transactions.
4. Critically evaluate contemporary developments in international trade 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 commercial transactions.

Content

Topics covered in this unit will include:

common legal terms in an international transaction involving the sale of goods

government regulation of international sale of goods

the use of electronic communications in an international transaction

other parties to an international sale of goods (carriers, banks, insurers)

the protection of intellectual property

foreign investment, agents and distributors, and joint ventures

the impact of the World Trade Organization on business transactions

international dispute resolution

international insolvencies

Approaches to Teaching and Learning

The unit involves 4 days of classes, covering 13 x 2 hour seminars. These seminars will promote discussion with an emphasis on student participation and learning by use of case studies and practical exercises in the conduct of negotiations and the use of documentation. Students are strongly encouraged to undertake as much preliminary reading as possible prior to attending the course.

Students will have the opportunity to consult with staff on an informal basis about any aspect of the unit at specified times throughout the teaching period and prior to the submission date for the research paper.

Assessment name: Discussion Forum
Description: Constructive participation in the seminars is encouraged and assessment of your participation accounts for 20% of the assessment for the unit.
Participation will be marked against the following criteria:

Understanding of law and policy - Regularity of contributions to the discussion; level of understanding of unit content demonstrated by contributions; extent of preparation including reading of relevant texts, articles, cases, treaties and legislation - 10%

Communication skills and engagement in class exercises - Level of communications skills, including negotiation skills, and the extent of active and genuine participation and engagement, evident in class exercises and discussions - 10%

Relates to objectives: Objectives 1, 2, 3 and 4 will be assessed through class participation.
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: During Class

Assessment name: Research Paper
Description: All students are required to submit a typed 3000-4000 word (maximum) research paper on a research topic selected from a range of topics distributed at the end of Day Two of the seminars. The assignment is due at 5pm on Friday 11 May 2012 (end of Week 10). All students must choose one of the topics provided.
The research paper is an extended written paper on the approved topic. Unless otherwise directed by the lecturer, you must identify and analyse the major legal issues on the approved topic and you must critically assess the current situation, considering the legal and other social forces that have motivated the current position. You should then convey the results of your investigation in clear writing, observing legal citation standards and the rules of good English.
NB: Your research paper should comply with the rules for the presentation of research papers and projects in the section on "Guidelines for Presentation of Research Papers and Research Projects" in the Postgraduate Student Information Booklet. The School of Law has produced its own Legal Referencing Style Guidelines. These may be accessed at: http://www.citewrite.qut.edu.au/QUT-Legal-Reference-Style-Guide.pdf These guidelines are recommended for all students undertaking postgraduate studies in law. Other citation guides may be used, after written approval to do so from the unit coordinator or supervisor.
The Research Paper Assessment will be against the following criteria:
(An assessment and comment sheet will be provided with the assignment topics and must be attached to your paper);

Structure - Logical development of argument, clear introduction and conclusion, judicious and appropriate use of headings - 10%

Style - Well written, care taken with spelling, grammar and punctuation - 10%

Content - Critical analysis of relevant theoretical and/or practical literature - 20%
Quality of arguments - 25%
Depth of research - 25%
Appropriate, careful and consistent referencing - 10%

Relates to objectives: This assessment is linked to objectives 1, 2, 4 and 5.
Weight: 40%
Internal or external: Internal
Group or individual: Individual
Due date: Week 10

Assessment name: Examination
Description: The examination will consist of a combination of problem-based and short answer questions. The problem questions will require you to analyse a factual situation, extract the relevant legal issues, state and explain the relevant law and authority, argue the application of that law to the facts and to reach a conclusion.
Relates to objectives: This assessment is linked to objectives 1, 2, 4 and 5.
Weight: 40%
Internal or external: Internal
Group or individual: Individual
Due date: Central Exam Period

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

Required Text
Mo, J (2009) International Commercial Law, Butterworths, Sydney, 4th edition

Recommended Materials

Pryles, Waincymer & Davies (2004), International Trade Law: Commentary and Materials, LawBookCo, Pyrmont, NSW, 2nd edition.
Mercurio, Trakman, Lewis, & Zeller (2010), International Business Law, Oxford University Press, Oxford.
There will be an Blackboard site available online for this unit.

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.

Last modified: 23-Oct-2012