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LAW3464 International Trade Law

Semester 1, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Examiner:

Requisites

Pre-requisite: (LAW1101 or LAW1500) or (LAW2202 or LAW1123 or LAW5602 or LAW5123)

Overview

Legal advisors increasingly need to consider problems of transactions and trade that cross national borders. This course gives students the opportunity to learn the body of treaty, statute and case law that deals with transactions which have an international aspect, and the international institutions and treaties through which organisations may conduct business overseas. It will help students to analyse problems of international business and trade, and to develop the problem-solving skills needed to address them. It is an important elective course for students who are planning to develop expertise in general commercial law or in different aspects of international law.

This course addresses various areas of the law of the World Trade Organisation (WTO) and the law relating to international business transactions. It examines the legal framework of the WTO, international sales contracts - especially as governed by the United Nations Convention on Contracts for the International Sale of Goods - the law relating to the international transport of goods by sea, and international payments (documentary credits). The course also includes a study of arbitration as a means of resolving international commercial disputes. Students undertaking the course need to have an understanding of the law of contract. An introductory knowledge of the treaty, statute and case law relating to trade and to the conduct of business across borders will be developed, as will skills of analysis and problem solving. The course will involve lectures and in-class problem-solving, and online discussion and critiques of international business problems.

Course learning outcomes

On successful completion of this course, students should have:

  1. Demonstrate [interpret and synthesise] an understanding of a coherent body of knowledge of international trade law and the broader contexts in which international trade law issues arise (PO1, TLO1);
  2. Identify and articulate international trade law issues, and apply legal reasoning and research to generate appropriate responses to international trade legal issues (PO3, TLO3);
  3. Demonstrate and apply the intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual, legal and policy issues relating to international trade law (PO4, LTO4);
  4. Communicate international trade law issues in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5, LTO5); and
  5. Identify applicable international treaties in international trade law, and deploy appropriate techniques in the course of solving interpretative problems in international trade law (PO7).

Topics

Description Weighting(%)
1. Contracts for the international sale of goods – part I 10.00
2. Contracts for the international sale of goods – part II 10.00
3. International transport of goods by sea – part l 10.00
4. International transport of goods by sea – part ll 10.00
5. International payment for goods 10.00
6. International commercial arbitration 5.00
7. The World Trade Organisation (WTO) 10.00
8. Dispute settlement 10.00
9. WTO agreements – part I 10.00
10. WTO agreements – part II 5.00
11. Preferential trade agreements (PTAs) 5.00
12. Foreign investment 5.00

Text and materials required to be purchased or accessed

Lieto, G and Treisman, D 2018, International Trade Law, Federation Press, Australia.
Mann, T (ed) 2017, Australian law dictionary, 3rd edn, Oxford ¾«¶«´«Ã½app Press, Melbourne, Australia.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Description Weighting (%)
ONLINE PROBLEM EXERCISE 30
ONLINE TEST 20
ONLINE EXAMINATION 50
Date printed 10 February 2023