Students
LAW 898 – International Commercial Law
2016 – S1 Day
General Information
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Afroza Begum
Monday 11am-12pm
|
|---|---|
| Credit points |
Credit points
4
|
| Prerequisites |
Prerequisites
Admission to LLM or MIntTrdeComLaw or PGDipIntTrdeComLaw or PGCertIntTrdeComLaw or MIntRelMIntTrdeComLaw or 42cp in LAW or LAWS units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS 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% | 29 April 2016, 5 pm |
| Research Essay | 60% | 11 June, 2016 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. All applications for disruption should be made via Ask.mq.edu.au.
External students must attend a three-day intensive on-campus session (9:30am-3:30pm) to be held on 18-20 April 2016. 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: 29 April 2016, 5 pm
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 2000 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: 11 June, 2016 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 3500 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.
- 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.
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 three-day intensive (9:30am-3:30pm) on-campus sessions to be held on 18-20 April 2016.
Unit Schedule
Reading Assignments will be posted in iLearn.
Attendance will be taken at seminars/tutorials and MQ 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 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
Week 6 - Marine Insurance; Problem Question uploaded
Mid-Session Break - On campus sessions for external students only on 18-20 April 2016, 9:30am - 3:30pm
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: 11 June 2016 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
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.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.
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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources 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.
- 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.
Assessment tasks
- Class Participation (CP)
- 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
- Class Participation (CP)
- 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 task
- Class Participation (CP)
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.
- 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