Students
BUSL377 – Japanese Trade Law
2015 – S1 Day
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Covenor
Kay-Wah Chan
Contact via Email: kay.chan@mq.edu.au
E4A 241
Unless otherwise announced, Mondays & Tuesdays 2:45 pm-3:45 pm (no consultation via email or phone)
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| Credit points |
Credit points
3
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| Prerequisites |
Prerequisites
39cp
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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 provides an overview of trade and investment environment, business negotiation, and commerce-related laws in Japan. Topics include: constitution and governmental structure; legal system and its role in business relations; contract law; corporation law and corporate governance; the main types of financial institutions and the regulatory authority; labour law; intellectual property law; and taxation. Students having satisfactorily completed the unit will have basic knowledge and understanding about the characteristics and principal elements of the aforesaid topics. The contents of and the issues raised in the unit are of benefit to all students and particularly to those who intend to pursue careers involving business in or trade with Japan.
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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:
- Recognise, explain and critique the underlying principles, characteristics and principal elements of the Japanese legal system and some main areas of Japanese commercial law (listed in the Unit Schedule below).
- Identify, discuss and critique the impact of cultural and social factors on the operation of Japanese law and legal system.
- Identify and critique issues that arise in Japanese law and legal system.
- Conduct and carry out effective legal research relevant to the Japanese commercial legal system.
General Assessment Information
Class Participation
Weekly attendance of tutorial classes is compulsory (assessment includes class activities and discussions). A roll will be taken each week. A student who is absent for a tutorial will be considered as not having participated for that tutorial.
Details on the content of tutorial classes can be found on this Unit’s iLearn site (https://ilearn.mq.edu.au/login/MQ/)
Assessment Criteria
Criteria upon which class participation is to be assessed are: students’ preparation for the classes, understanding of the materials, depth of arguments, presentation skill, and legal research (detailed explanations are provided on the iLearn site of the unit).
Estimated Student Workload (outside class time)
On average, 1-2 hours per week from Week 1 to Week 12.
Class Test 1
Criteria for assessment are: students’ understanding of the materials, knowledge, and ability to analyse and evaluate issues concerning the topics covered in the unit for the test (detailed explanations of the assessment criteria provided on the iLearn site of the unit).
It is an Open Book test. It is a test with short-answer questions. Information about Class Test 1 (including materials allowed to be brought to Class Test 1 and the syllabus of Class Test 1) will be announced in the Lecture in Week 3 (10 March 2015).
Class Test 1 is a 30-minute test. It will be held during the time for the Lecture in Week 6 (on 31 March 2015 Tuesday).
Students are expected to present for Class Test 1 at 4:00 p.m. on 31 March 2015 at the venue for the BUSL377 lecture or such another venue as announced on the iLearn site of this unit.
The only exception to not sitting Class Test 1 at the designated time is because of documented illness or unavoidable disruption. In these circumstances, students may wish to consider applying for Special Consideration under the University’s Disruption to Studies Policy, which is available at: http://mq.edu.au/policy/docs/disruption_studies/policy.html. If a Supplementary Test is granted, the Supplementary Test will be scheduled by the Unit Convenor.
The marked Tests will be returned to the students in Week 7. Feedback to individual students is given in writing on the marked tests. Feedback will also be given to students verbally in the lecture in Week 7 in the form of an explanation on the correct answers, common mistakes, and the level of difficulty (low, medium and high) of the questions.
Estimated Student Workload (outside class time)
On average, 2 hours per week from Week 1 to the date of Class Test 1 (31 March 2015) in Week 6.
Class Test 2
Criteria for assessment are: students’ understanding of the materials, knowledge, and ability to analyse and evaluate issues concerning the topics covered in the unit for the test (detailed explanations of the assessment criteria provided on the iLearn site of the unit).
It is an Open Book test. It is a test with short-answer questions. Information about Class Test 2 (including materials allowed to be brought to Class Test 2 and the syllabus of Class Test 2) will be announced in the Lecture in Week 10 (12 May 2015).
Class Test 2 is a 60-minute test. It will be held during the time for the Lecture in Week 13 (on 2 June 2015 Tuesday).
Students are expected to present for Class Test 2 at 4:00 p.m. on 2 June 2015 at the venue for the test, which will be announced via the iLearn site of this unit.
The only exception to not sitting Class Test 2 at the designated time is because of documented illness or unavoidable disruption. In these circumstances, students may wish to consider applying for Special Consideration under the University’s Disruption to Studies Policy, which is available at: http://mq.edu.au/policy/docs/disruption_studies/policy.html. If a Supplementary Test is granted, the Supplementary Test will be scheduled by the Unit Convenor.
The marked Tests will be returned to the students within the Week commencing on 9 June 2015.
Estimated Student Workload (outside class time)
On average, 2 - 2.5 hours per week from Week 6 to the date of the Class Test 2 (2 June 2015) in Week 13.
Essay
Students will be required to submit an Essay (excluding footnotes and bibliography: 2,800-3,000 words).
The Essay topic and Instructions will be posted on iLearn in Week 3.
The Essay is research based. Students will not be able to rely simply on the required and/or recommended reading materials for classes. Students will be expected to conduct their own research. The Essay is a task for each individual student. Collective or collaborative work is NOT ACCEPTABLE.
Footnotes and bibliography (in Australian Guide to Legal Citation (3rd ed) style) are required.
Criteria upon which the Essay is assessed are: the contents, structure, presentation, and referencing (footnoting and bibliography) of the essay which show the students’ understanding of the materials, the depth of arguments and critique, the thoroughness of legal research, and adequacy of referencing (detailed explanations are provided on the iLearn site of this Unit).
Students must hand in the Essay before 4:00 p.m. on 10 June 2015 to: BESS (Business and Economics Student Services) at E4B 106.
In view of the time given to students to complete the Essay, no extensions will be granted. Late essays will be accepted up to 48 hours after the submission deadline. There will be a deduction of 20% of the total available marks made from the total awarded mark for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission – 40% penalty). For example, if the Essay is worth 40 marks, a student is 23 hours late in submission and (before penalty) this student's mark is 30, the penalty will be a deduction of 8 marks (40 marks x 20% = 8 marks) (i.e. this student will obtain 22 marks for the Essay). This penalty does not apply for cases in which an application for special consideration is made and approved.
Estimated Student Workload (outside class time)
On average, 3 - 4 hours per week from Week 3 to 10 June 2015.
Assessment Tasks
| Name | Weighting | Due |
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| Class Participation | 20% | Ongoing (every tutorial class) |
| Class Test 1 | 15% | 31 March 2015 |
| Class Test 2 | 25% | 2 June 2015 |
| Essay | 40% | 10 June 2015 |
Class Participation
Due: Ongoing (every tutorial class)
Weighting: 20%
Class attendance and participation.
On successful completion you will be able to:
- Recognise, explain and critique the underlying principles, characteristics and principal elements of the Japanese legal system and some main areas of Japanese commercial law (listed in the Unit Schedule below).
- Identify, discuss and critique the impact of cultural and social factors on the operation of Japanese law and legal system.
- Identify and critique issues that arise in Japanese law and legal system.
- Conduct and carry out effective legal research relevant to the Japanese commercial legal system.
Class Test 1
Due: 31 March 2015
Weighting: 15%
30-minute Open Book test with short-answer questions.
On successful completion you will be able to:
- Recognise, explain and critique the underlying principles, characteristics and principal elements of the Japanese legal system and some main areas of Japanese commercial law (listed in the Unit Schedule below).
- Identify and critique issues that arise in Japanese law and legal system.
Class Test 2
Due: 2 June 2015
Weighting: 25%
60-minute Open Book test with short-answer questions.
On successful completion you will be able to:
- Recognise, explain and critique the underlying principles, characteristics and principal elements of the Japanese legal system and some main areas of Japanese commercial law (listed in the Unit Schedule below).
- Identify and critique issues that arise in Japanese law and legal system.
Essay
Due: 10 June 2015
Weighting: 40%
Research-based essay.
On successful completion you will be able to:
- Recognise, explain and critique the underlying principles, characteristics and principal elements of the Japanese legal system and some main areas of Japanese commercial law (listed in the Unit Schedule below).
- Identify, discuss and critique the impact of cultural and social factors on the operation of Japanese law and legal system.
- Identify and critique issues that arise in Japanese law and legal system.
- Conduct and carry out effective legal research relevant to the Japanese commercial legal system.
Delivery and Resources
Classes
3 hours face-to-face teaching per week consisting of 1 x 1.5-hour lecture and 1 x 1.5-hour tutorial.
The timetable for classes can be found on the University web site at: http://www.timetables.mq.edu.au/.
Weekly attendance of tutorial classes is compulsory (assessment includes class activities and discussions).
Details on the content of tutorial classes can be found on this Unit's iLearn site (https://ilearn.mq.edu.au/login/MQ/).
Part(s) of the lectures may be replaced by video-recording of lecture(s) available on the iLearn site of the unit, in which event prior announcement will be made via the iLearn site of the unit.
Prizes
Prizes for this unit (if applicable): The Macquarie University Accounting and Corporate Governance Prizes: http://www.businessandeconomics.mq.edu.au/undergraduate_degrees/prizes_scholarships.
Required and Recommended Texts and/or Materials
Required Text
Hiroshi Oda, Japanese Law (Third Edition) (Oxford, Oxford University Press, 2011) (ISBN: 978-0-19-964206-9).
It can be purchased from the Macquarie University Co-op Bookshop.
It is available in the Macquarie Library (Call Number: KNX68.O32 2009).
Other Required Materials
See the List of Weekly Topics and Prescribed Readings for Lectures and Tutorials in this Unit Guide.
They can be obtained from the Internet.
Recommended Materials
Recommended readings (if any) are as described in the Tutorial Instructions.
Technology Used and Required
Technology used: learning management system (iLearn: https://ilearn.mq.edu.au/login/MQ/).
Students have to frequently access this Unit's iLearn site (https://ilearn.mq.edu.au/login/MQ/) for the Lecture Notes, Tutorial Instructions, announcements and detailed information regarding the unit.
Unit Web Page
Lecture notes (from the lectures' PowerPoint slides) are available on the learning management system (iLearn): https://ilearn.mq.edu.au/login/MQ/.
Teaching and Learning Strategy
The weekly classes will be a combination of one 1.5-hour lecture and one 1.5-hour tutorial (with case studies, simulations and reflective activities). Part(s) of the lectures may be replaced by video-recording of lecture(s) available on the iLearn site of this unit, in which event prior announcement will be made via the iLearn site of this unit.
As assessment includes class participation in the tutorials, students will be expected to complete the required reading prior to class and to contribute to class activities (in small groups).
Tutorials will commence in the second week of the semester: Week 2.
Detailed tutorial instructions are available on this Unit's iLearn site (https://ilearn.mq.edu.au/login/MQ/).
Unit Schedule
LECTURES
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Week |
Topics (unless otherwise announced on the iLearn site of this unit) |
Prescribed Readings (for Lectures) (unless otherwise announced on the iLearn site of this unit) |
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Week 1 (24 February 2015) |
Introduction & Course Overview Understanding Japan Origin of the Japanese Legal System |
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Week 2 (3 March 2015) |
Governmental Structure and the Constitution |
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Week 3 (10 March 2015) |
Sources of Law Courts & the Judiciary |
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Week 4 (17 March 2015) |
Prosecutors Lawyers & Quasi-Legal Professions Justice System Reform |
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Week 5 (24 March 2015) |
Doing Business in/with Japan |
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Week 6 (31 March 2015) |
Class Test 1
General Principles of Civil Law
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Prescribed Readings for the Lecture
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MID TERM BREAK |
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Week 7 (21 April 2015) |
Contract Law |
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Week 8 (28 April 2015) |
Corporation Law and Corporate Governance |
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Week 9 (5 May 2015) |
Labour Law |
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Week 10 (12 May 2015) |
Intellectual Property Law |
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Week 11 (19 May 2015) |
Banking and Finance |
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Week 12 (26 May 2015) |
Taxation and/or Guest Lecture |
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Week 13 (2 June 2015) |
Class Test 2 |
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Tutorials
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Week |
Topics (unless otherwise announced on the iLearn site of this unit) |
Readings (unless otherwise announced on the iLearn site of this unit) |
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Week 1 (23 February 2015) |
No Tutorial |
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Week 2 (2 March 2015) |
Understanding Japan Origin of the Japanese Legal System |
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Week 3 (9 March 2015) |
Governmental Structure and the Constitution |
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Week 4 (16 March 2015) |
Sources of Law Courts & the Judiciary |
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Week 5 (23 March 2015) |
Prosecutors Lawyers & Quasi-Legal Professions Justice System Reform |
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Week 6 (30 March 2015) |
Essay-Writing Workshop |
(Please see iLearn site of the unit) |
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MID TERM BREAK |
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Week 7 (20 April 2015) |
General Principles of Civil Law
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Week 8 (27 April 2015) |
Contract Law |
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Week 9 (4 May 2015) |
Corporation Law and Corporate Governance |
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Week 10 (11 May 2015) |
Labour Law |
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Week 11 (18 May 2015) |
Intellectual Property Law |
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Week 12 (25 May 2015) |
Banking and Finance |
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Week 13 (1 June 2015) |
No Tutorial (due to Class Test 2 on 2 June 2015 Tuesday this Week) |
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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.
Academic Honesty
The nature of scholarly endeavour, dependent as it is on the work of others, binds all members of the University community to abide by the principles of academic honesty. Its fundamental principle is that all staff and students act with integrity in the creation, development, application and use of ideas and information. This means that:
- all academic work claimed as original is the work of the author making the claim
- all academic collaborations are acknowledged
- academic work is not falsified in any way
- when the ideas of others are used, these ideas are acknowledged appropriately.
Further information on the academic honesty can be found in the Macquarie University Academic Honesty Policy at http://www.mq.edu.au/policy/docs/academic_honesty/policy.html.
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.
All final grades in the Department of Accounting and Corporate Governance are determined by a grading committee and are not the sole responsibility of the Unit Coordinator.
Students will be awarded one of these grades plus a Standardised Numerical Grade (SNG). The SNG is not necessarily a summation of the individual assessment components.
The final grade and SNG that are awarded reflect the corresponding grade descriptor in the Grading Policy.
To pass the unit, the students need an overall mark of 50%.
Grading Appeals
If, at the conclusion of the unit, you have performed below expectations, and are considering lodging an appeal of grade and/or viewing your essay 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.businessandeconomics.mq.edu.au/new_and_current_students/undergraduate_current_students/how_do_i/grade_appeals/.
Disruption to Studies Policy
The University is committed to equity and fairness in all aspects of its learning and teaching. It recognises that students may experience disruptions that adversely affect their academic performance in assessment activities. A Disruption to Studies Policy exists to support students who experience serious and unavoidable disruption. The policy is available at: http://www.mq.edu.au/policy/docs/disruption_studies/policy.html.
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.
Access to all student computing facilities within the Faculty of Business and Economics is restricted to authorised coursework for approved units. Student ID cards must be displayed in the locations provided at all times.
Students are expected to act responsibly when using University 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 units 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.
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.
Consultation is not available via email or telephone.
Graduate Capabilities
Discipline Specific Knowledge and Skills
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
Learning outcomes
- Recognise, explain and critique the underlying principles, characteristics and principal elements of the Japanese legal system and some main areas of Japanese commercial law (listed in the Unit Schedule below).
- Identify, discuss and critique the impact of cultural and social factors on the operation of Japanese law and legal system.
- Identify and critique issues that arise in Japanese law and legal system.
- Conduct and carry out effective legal research relevant to the Japanese commercial legal system.
Assessment tasks
- Class Participation
- Class Test 1
- Class Test 2
- Essay
Critical, Analytical and Integrative Thinking
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Learning outcomes
- Recognise, explain and critique the underlying principles, characteristics and principal elements of the Japanese legal system and some main areas of Japanese commercial law (listed in the Unit Schedule below).
- Identify, discuss and critique the impact of cultural and social factors on the operation of Japanese law and legal system.
- Identify and critique issues that arise in Japanese law and legal system.
- Conduct and carry out effective legal research relevant to the Japanese commercial legal system.
Assessment tasks
- Class Participation
- Class Test 1
- Class Test 2
- Essay
Problem Solving and Research Capability
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
Learning outcomes
- Recognise, explain and critique the underlying principles, characteristics and principal elements of the Japanese legal system and some main areas of Japanese commercial law (listed in the Unit Schedule below).
- Identify and critique issues that arise in Japanese law and legal system.
- Conduct and carry out effective legal research relevant to the Japanese commercial legal system.
Assessment tasks
- Class Participation
- Class Test 1
- Class Test 2
- Essay
Effective Communication
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
Learning outcomes
- Recognise, explain and critique the underlying principles, characteristics and principal elements of the Japanese legal system and some main areas of Japanese commercial law (listed in the Unit Schedule below).
- Identify, discuss and critique the impact of cultural and social factors on the operation of Japanese law and legal system.
- Identify and critique issues that arise in Japanese law and legal system.
Assessment tasks
- Class Participation
- Essay
Changes from Previous Offering
As compared with the offering in 2014, the main changes are:
- There are slight changes in the learning outcomes: Item 1, replacing the words “Recognise and explain” by “Recognise, explain and critique”; Item 2, replacing the words “Identify and discuss” by “Identify, discuss and critique”; and Item 4, replacing the words “Carry out” by “Conduct and carry out”.
- Instead of having one Class Test (with a weighting of 30%), there will be two Class Tests (one with a weighting of 15% and the other with a weighting of 25%).
- The Final Examination (with weighting of 50%) has been replaced by an Essay, which has a weighting of 40%.
- There may or may not be Guest Lecture this year. Except this, there are no changes to the topics to be covered but their order/sequence has been slightly changed.
- An essay-writing workshop is to be held in tutorial classes in Week 6 to enhance students' understanding about academic essay-writing.
- Part(s) of the lectures may be replaced by video-recording of lectures available on the iLearn site of this unit, in which event prior announcement will be made via the iLearn site of this unit.
Research and Practice, Global and Sustainability
Research and Practice
1. This unit uses research by Macquarie University researcher:
- Kay-Wah Chan, “Setting the Limits: Who Controls the Size of the Legal Profession in Japan?” (2012) 19 (2-3) International Journal of the Legal Profession 321-337.
- Kay-Wah Chan, “Justice System Reform and Legal Ethics in Japan” (2011) 14 (1) Legal Ethics 73-108.
- Kay-Wah Chan “The Reform of the Profession of Lawyers in Japan and Its Impact on the Role of Law” in Yves Dezalay and Bryant Garth (eds) Lawyers and the Rule of Law in an Era of Globalization (Routledge, 2011; ISBN: 978-0-415-58117-2).
- Kay-Wah Chan, “The Emergence of Large Law Firms in Japan: Impact on Legal Professional Ethics” (2008) 11 (2) Legal Ethics 154-180.
- Kay-Wah Chan, “Foreign Law Firms: Implications for Professional Legal Education in Japan” (2005) 10 (20) Zeitschrift für Japanisches Recht (Journal of Japanese Law) 55-79.
2. This unit uses research from external sources:
- See the Required Reading List above and Tutorial Instructions.
Global and Sustainability
This unit addresses global and sustainability issues as direct areas of study and/or as necessary implications arising from the materials, assessment and academic discussion and debate in classes. We promote sustainability by developing ability in students to research and locate information within the Japanese law discipline. We aim to provide students with an opportunity to obtain skills which will benefit them throughout their career. The global contexts of this unit are found in the contents of the unit (as it is a Japanese Trade Law unit), including the contents of the lectures, the tutorials and its assessments tasks.