Students

LAW 898 – International Commercial Law

2015 – MQC S1 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Lecturer
Afroza Begum
Contact via Email:afroza.begum@mqc.edu.au
Friday 10:30am-11:30am
Shayne Davenport
Credit points Credit points
4
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)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
International Commercial Law examines contract law as it applies in an international context, addressing in particular concepts of the international sale of goods; contracts of sale under the Vienna Sales Convention; contracts for carriage of goods by sea, air and land; and bills of exchange and letters of credit in international trade. These studies incorporate analyses of different legal systems and relevant national jurisdictions, as well as key economic theories and political contexts underpinning the operation of this body of law. International commercial arbitration is highlighted as the key mode of dispute settlement.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Explore the implications of electronic commerce to the traditional laws of contract, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence commercial transactions by sea and by air.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Assessment Tasks

Name Weighting Due
Class Participation (CP) 10% On-going
Problem Question 30% 21 April, 2015 by 5:00pm
Research Essay 60% 10 June, 2015 by 5:00pm

Class Participation (CP)

Due: On-going
Weighting: 10%

Face-to- face-seminars/tutorials provide an important opportunity for the students to learn through interaction with the teacher and fellow students. This task is designed to develop the students’ interpersonal skills and attitudes to work collaboratively and their critical analytical ability to appreciate relevant legal issues.  Seminars will focus on, inter alia, group discussion and the problem-solving methods in evaluating various legal topics/aspects provided each week. Students are required to attend seminars for each of the weeks that the unit runs during the semester and complete the prescribed readings for each week. CP marks will be awarded based on the quality of performance and effective engagement in the seminars. 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 on-campus session (10am-4pm) to be held on 11 April (Saturday) and 18 April (Saturday). Exemptions may be granted only in exceptional circumstances and subject to the provision of appropriate documentation. If an exemption is granted, work in lieu will need to be submitted.


On successful completion you will be able to:
  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Explore the implications of electronic commerce to the traditional laws of contract, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence commercial transactions by sea and by air.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Problem Question

Due: 21 April, 2015 by 5:00pm
Weighting: 30%

This written assignment aims to evaluate students’ ability to identify, analyse and appraise relevant legal issues in a clear, concise and logical manner with scholarly support. It will involve examining a hypothetical problem by applying appropriate laws and judicial decisions to the scenario and by formulating and defending solutions.

Word length 2500 words
The work must be submitted via turnitin.
The assessment guidelines will be released in Week 6.


On successful completion you will be able to:
  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Explore the implications of electronic commerce to the traditional laws of contract, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence commercial transactions by sea and by air.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Research Essay

Due: 10 June, 2015 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 legal literature/materials and application of relevant 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.

 


On successful completion you will be able to:
  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Explore the implications of electronic commerce to the traditional laws of contract, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence commercial transactions by sea and by air.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Delivery and Resources

This course will be delivered via lectures (also available on iLearn) and through seminars/tutorials. Students will be required to actively participate in discussion based on the readings, as well as any problem and discussion questions set by the convenor.

Our primary text will be the 5th Edition of International Trade Law by Indira Carr. Students should purchase the textbook 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 on iLearn each week. Students are expected to check iLearn on a regular basis. External students are encouraged to contribute to each week's discussions on uploaded online topics.

External students are required to attend two-day intensive (10am-4pm) on-campus sessions to be held on 11 April (Saturday ) and 18 April (Saturday), 2015.

 

Unit Schedule

Reading Assignments will be posted in iLearn. 

Attendance will be taken at seminars/tutorials and MQC attendance policies apply.

The prescribed text is International Trade Law by Indira Carr (5th edition, 2013)

Additional readings may be posted on iLearn

The following schedule is for guidance only, refer to iLearn for updates:

Week 1 - Introduction - Standard Trade Terms.  Please note that there will NOT be a tutorial in Week 1 and that the lecture will be available through the iLearn system.

Week 2 - Contracts of Sale Under the CISG

Week 3 - Electronic Commerce

Week 4 - Transport of Goods by Sea and Bills of Lading

Week 5 - Transport of Goods by Sea: Hague - Visby Rules, Hamburg Rules and Recent Developments; Good Friday Make up 28 March, Saturday

Week 6 - Marine Insurance; Problem Question uploaded

Mid-Session Break - On campus sessions for external students only on 11 April and 18 April, 10am - 4pm, Room 303

Week 7 - Intellectual Property in International Transactions; Problem Question Due

Week 8 - Letters of Credit and Finance

Week 9 - International and Australasian Treaty Regimes Relating to Investment

Week 10 - Choice of Laws Concepts

Week 11 - International Commercial Arbitration

Week 12 - Enforcement of Arbitration Awards - The New York Convention

Week 13 - Fighting Corruption in International Commercial Transactions; Review

Final Research Essay Due: 10 June (Tuesday), 2015 by 5:00pm.

Policies and Procedures

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.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.

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:

  • could not have reasonably been anticipated, avoided or guarded against by the student; and
  • was beyond the student's control; and
  • caused substantial disruption to the student's capacity for effective study and/or the completion of required work; and
  • substantially interfered with the otherwise satisfactory fulfilment of unit or course requirements; and
  • was of at least three (3) consecutive days duration within a study period and/or prevented completion of the final examination.

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:

  • routine demands of employment
  • routine family problems such as tension with or between parents, spouses, and other people closely involved with the student
  • difficulties adjusting to university life, to the self-discipline needed to study effectively, and the demands of academic work
  • stress or anxiety associated with examinations, required assignments or any aspect of academic work
  • routine need for financial support
  • routine demands of sport, clubs and social or extra-curricular activities.

 

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.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

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.

Graduate Capabilities

PG - Capable of Professional and Personal Judgment and Initiative

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:

Learning outcomes

  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Assessment tasks

  • Class Participation (CP)
  • Problem Question
  • Research Essay

PG - Discipline Knowledge and Skills

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:

Learning outcomes

  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Explore the implications of electronic commerce to the traditional laws of contract, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence commercial transactions by sea and by air.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Assessment tasks

  • Problem Question
  • Research Essay

PG - Critical, Analytical and Integrative Thinking

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:

Learning outcomes

  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Explore the implications of electronic commerce to the traditional laws of contract, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence commercial transactions by sea and by air.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Assessment tasks

  • Class Participation (CP)
  • Problem Question
  • Research Essay

PG - Research and Problem Solving Capability

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:

Learning outcomes

  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Explore the implications of electronic commerce to the traditional laws of contract, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence commercial transactions by sea and by air.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Assessment tasks

  • Class Participation (CP)
  • Problem Question
  • Research Essay

PG - Effective Communication

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:

Learning outcomes

  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Explore the implications of electronic commerce to the traditional laws of contract, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence commercial transactions by sea and by air.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Assessment tasks

  • Class Participation (CP)
  • Problem Question
  • Research Essay

PG - Engaged and Responsible, Active and Ethical Citizens

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:

Learning outcomes

  • Comprehend the regulatory framework and standards that govern International Sales of Goods, and develop an analytical ability to critically assess their application.
  • Explore the implications of electronic commerce to the traditional laws of contract, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence commercial transactions by sea and by air.
  • Recognise the importance of marine insurance and develop a working knowledge of the insurance process and procedures.
  • Evaluate the role/use of letters of credit in international commercial transactions, and the Australasian trade relationship.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
  • Develop a solid understanding of international commercial arbitration under different schemes and choice of law issues.

Assessment tasks

  • Class Participation (CP)
  • Problem Question
  • Research Essay