Unit convenor and teaching staff |
Unit convenor and teaching staff
Moderator
Professor Muhammad Rafiqul Islam
Unit Convenor
Afroza Begum
Contact via afroza.begum@mqc.edu.au
11:25am-12:25pm
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to MIntTrdeComLaw or PGDipIntTrdeComLaw or PGCertIntTrdeComLaw or MIntRelMIntTrdeComLaw or 42cp in LAW units at 400 or 500 level or (admission to JD and 32cp in LAW units at 800 level)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit examines the making, regulating and breaking of deals in the international business community. The unit will canvas the different legal forms of agreements (eg, direct foreign investment, international joint ventures); laws that influence the conduct of business internationally (eg, anti-trust laws, international financial regulation, international bankruptcy, international taxation laws); and the mechanisms available when disputes arise (eg, international arbitration, foreign litigation in domestic courts). Students will develop an understanding of key legal principles underpinning international business transactions from an international law perspective as well as in relation to selected jurisdictions.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Class Participation (CP) | 10% | On-going |
Problem Question | 30% | 7 October by 5:00pm |
Research Essay | 60% | 12 November by 5:00pm |
Due: On-going
Weighting: 10%
Face-to- face-seminars and group discussion, which will focus on inter alia problem-solving methods in addressing relevant legal issues, ie, the application of appropriate laws and standards to the scenarios provided each week. Students are required to complete the prescribed readings for each week. Regular and active participation in discussion questions is one of requirements for successfully completing the subject. CP marks will be awarded based on the quality of performance and effective engagement in the group discussion. Attendance in itself is not enough to achieve a pass mark.
Internal students are required to attend 80% of the tutorials.External students must attend a two-day intensive (10am-4pm) to be held on 27 September (Saturday ) and 4 October (Saturday). Exemption may be granted only in exceptional circumstances and subject to the provision of appropriate documentation. If exemption is granted, work in lieu will need to be submitted.
Due: 7 October by 5:00pm
Weighting: 30%
This written assignment is designed to enhance students’ ability to examine a legal problem and provide information, explanation and critical analysis in a clear, concise and logical manner. The problem question will involve assessing a hypothetical scenario and identifying the factual and legal issues raised by the scenario and gives an opportunity to explain what further information is required to fully advise on the legal dimensions of the problem.
Word length 2500 words
The work must be submitted via turnitin.
The assessment guidelines will be released in Week 5.
Due: 12 November by 5:00pm
Weighting: 60%
Students will be required to complete a research essay on a specific topic of the Unit. The paper should reflect an independent research that requires an in-depth analysis of relevant materials and application of appropriate laws and standards. The essay topic, the structure of the paper and guidelines will be discussed and released in week 9.
The word limit is 4000 words which must be strictly maintained.
The paper should be submitted via turnitin.
This unit will be delivered via seminar-format involving a combination of lecturing by the convener and active class discussion by students. Students will be required to participate in discussion based upon the readings, as well as any problem and discussion questions set by the convenor.
The prescribed text for this unit is International Business Law by Bryan Mercurio et al, (2010, Oxford University Press).Students should purchase the text from the Co-Op Bookshop.
Additional readings will be needed to supplement the textbook. Relevant resources including journal articles and judicial decisions will be posted in iLearn page each week. Students are expected to check iLearn on a regular basis. External students are encouraged to actively participate in each week's discussions on uploaded online topics.
The following schedule is for guidance only, refer to iLearn for updates:
Week 1 – (4/8) Introduction – History & Overview
Week 2 – (11/8) Role of International Institutions
Week 3 – (18/8) Agency, Distributorships, Licensing
Week 4 – (25/8) Franchising, Joint Ventures
Week 5 – (1/9) Foreign Direct Investment
Week 6 – (8/9) Financial Regulation
Week 7 – (15/9) Customs Law & Import Controls
Mid-Session Break – (20 September-6 October) On campus sessions for external students, only two consecutive Saturdays on 27 September and 4 October, 10am - 4pm, Room 213.
Week 8 – (6/10) Export Controls & National Security (Problem Question due 7 October Tuesday 2014 by 5:00pm)
Week 9 - (13/10) Corporate Social Responsibility & Human Rights
Week 10 – (20/10) International Anti-trust/Competition Laws
Week 11 – (27/10) Protection of Intellectual Property
Week 12 – (3/11) Dispute Resolution in National Courts
Week 13 - (10/11) International Dispute Resolution
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Grades
Macquarie University uses the following grades in coursework units of study:
· HD - High Distinction
· D - Distinction
· CR - Credit
· P - Pass
· F – Fail
Grade descriptors and other information concerning grading are contained in the Macquarie
University Grading Policy which is available at:
http://www.mq.edu.au/policy/docs/grading/policy.html
For further information, please refer to page 71 of the 2013 Calendar of Governance, Legislation and Rules- Postgraduate Rules at
http://universitycouncil.mq.edu.au/pdfs/2013-Postgraduate_rules.pdf
Grade Appeals and Final Examination Script Viewing
If, at the conclusion of the unit, you have performed below expectations, and are considering lodging an appeal of grade and/or viewing your final exam script please refer to the following website which provides information about these processes and the cut off dates in the first instance. Please read the instructions provided concerning what constitutes a valid grounds for appeal before appealing your grade.
http://www.city.mq.edu.au/reviews-appeals.html
Special Consideration Policy
The University is committed to equity and fairness in all aspects of its learning and teaching. In stating this commitment, the University recognises that there may be circumstances where a student is prevented by unavoidable disruption from performing in accordance with their ability. A special consideration policy exists to support students who experience serious and unavoidable disruption such that they do not reach their usual demonstrated performance level. The policy is available at: http://www.mq.edu.au/policy/docs/special_consideration/policy.html
The University defines serious and unavoidable disruption to studies as resulting from an event or set of circumstances that:
A Special Consideration application is deemed to be valid if all the following criteria have been satisfied:
· The Special Consideration application is completed by the student and submitted online through www.ask.mq.edu.au within five (5) working days after the due date of the associated assessment task / final examination.
· The application contains supporting evidence to demonstrate the severity of the circumstance(s) and that substantial disruption has been caused to the student’s capacity for effective study. (The University will not follow up on outstanding evidence, nor contact any person or body on behalf of the student. The application will be considered as submitted.)
· The original supporting documentation has been sighted by MQC reception staff within five (5) working days after the due date of the associated assessment task.
· Where the particular circumstances are medical in nature, a Professional Authority Form including the health professional’s Medicare Provider Number is included. (If a Professional Authority Form cannot be obtained, an original medical certificate indicating the severity (serious / not serious) and impact of the circumstances must be included with the application.)
· Where the particular circumstances are non-medical in nature, appropriate supporting evidence indicating the severity (serious / not serious) and impact of the circumstances is included with the application.
· The student was performing satisfactorily in the unit up to the date of the unavoidable disruption. (If a student’s work in the unit was previously unsatisfactory, subsequent unavoidable disruption will not overcome the fact that the earlier work was unsatisfactory).
Unacceptable grounds for Special Consideration
The University has determined that some circumstances are not acceptable grounds for claiming Special Consideration. These grounds include, but are not limited, to:
Acute Problems
The University defines acute problems as those involving fewer than three (3) consecutive days within a study period. In these cases, students should not apply for special consideration via ask.mq.edu.au, but contact their Unit Convenor within 5 working days of the assessment due date so that a local solution may be discussed, except where the disruption affects completion of a final examination. (If a final examination is affected, the student should submit a special consideration application via ask.mq.edu.au.)
Prior Conditions Conditions existing prior to commencing a unit of study are not grounds for Special Consideration, except in the event of unavoidable deterioration of the condition. The student is responsible for managing their workload in light of any known or anticipated problems. Students with a pre-existing disability/ chronic health condition may contact the Disability Service for information on available support.
In submitting a request for Special Consideration, the student is acknowledging that they may be required to undertake additional work and agreeing to hold themselves available so that they can complete any extra work as required. The time and date, deadline or format of any required extra assessable work as a result of an application for Special Consideration is not negotiable.
Attendance
All Students are required to attend at least 80% of the scheduled course contact hours each Session. Additionally MQC monitors the course progress of international students to ensure that the student complies with the conditions of their visa relating to attendance.
This minimum level of attendance includes all lectures and tutorials. Tutorial attendance will be recorded weekly. If any scheduled class falls on a public holiday this will be rescheduled as advised by your Lecturer. Attendance at any mid-Session or in-class test is compulsory unless otherwise stated.
Unavoidable non-attendance due to illness or circumstances beyond your control must be supported by appropriate documentation to be considered for a supplementary test. Other non-attendance will obtain zero for the test. You should refer to the section below on Special Consideration for more details about this.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
Student Support
Students who require assistance are encouraged to contact the Student Services Manager at Macquarie City Campus. Please see reception to book an appointment.
Macquarie University provides a range of Academic Student Support Services. Details of these services can be accessed at http://students.mq.edu.au/support/
At any time students (or groups of students) can book our Student Advising rooms on Level 6 by emailing info@city.mq.edu.au with a day and time and nominated contact person. There are additional student study spaces available on Level 1.
Macquarie University Campus Wellbeing also has a presence on the City Campus each week. If you would like to make an appointment, please email info@city.mq.edu.au or visit their website at: http://www.campuslife.mq.edu.au/campuswellbeing
StudyWISE provides:
· Online learning resources and academic skills workshops http://www.mq.edu.au/learning_skills
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
IT Help
If you wish to receive IT help, we would be glad to assist you at http://informatics.mq.edu.au/help/ or call 02 9850-4357.
When using the university's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students and it outlines what can be done.
Students must use their Macquarie University email addresses to communicate with staff as it is University policy that the University issued email account is used for official University communication.
Students are expected to act responsibly when utilising Macquarie City Campus IT facilities. The following regulations apply to the use of computing facilities and online services:
· Accessing inappropriate web sites or downloading inappropriate material is not permitted.
· Material that is not related to coursework for approved unit is deemed inappropriate.
· Downloading copyright material without permission from the copyright owner is illegal, and strictly prohibited. Students detected undertaking such activities will face disciplinary action, which may result in criminal proceedings.
Non-compliance with these conditions may result in disciplinary action without further notice.
If you would like to borrow headphones for use in the Macquarie City Campus computer labs (210, 307, 311, 608) at any point, please ask at Level 2 Reception. You will be required to provide your MQC Student ID card. This will be held as a deposit while using the equipment.
For assistance in the computer labs, please see a Lab Demonstrator (usually they can be found in Lab 311, otherwise ask at Level 2 Reception).
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by: