Students
LAW 896 – International Business Transactions
2015 – S2 External
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Moderator
Associate Professor Carlos L. Bernal-Pulido
Unit Convenor
Dr Afroza Begum
Contact via afroza.begum@mq.edu.au
9:30am-10:00am; 2:00pm-2:30pm
Afroza Begum
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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 LLM or 42cp in LAW units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS 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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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:
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
Assessment Tasks
| Name | Weighting | Due |
|---|---|---|
| Class Participation (CP) | 10% | On-going |
| Problem Question | 30% | 29 September by 5:00pm |
| Research Essay | 60% | 4 November by 5:00pm |
Class Participation (CP)
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 the 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 three-day intensive (9am-4pm) to be held on the 16th, 17th and 18th of September 2015. 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.
On successful completion you will be able to:
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
Problem Question
Due: 29 September 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.
On successful completion you will be able to:
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
Research Essay
Due: 4 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 independent research, 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.
On successful completion you will be able to:
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
Delivery and Resources
This unit will be delivered via seminar-format involving a combination of lecturing by the convener and active class participation in tutorials 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.
Unit Schedule
The following schedule is for guidance only, refer to iLearn for updates:
Week 1 – (27/7) Introduction – History & Overview
Week 2 – (3/8) Role of International Institutions
Week 3 – (10/8) Agency, Distributorships, Licensing
Week 4 – (17/8) Franchising, Joint Ventures
Week 5 – (24/8) Foreign Direct Investment
Week 6 – (31/8) Financial Regulation
Week 7 – (7/9) Customs Law & Import Controls
Mid-Session Break – (12 September-27 September); On Campus Sessions for external students, 16th, 17th and 18th September, 9am – 4pm, Room C5C 238.
Week 8 – (28/9) Export Controls & National Security (Problem Question due 29 September Tuesday 2015 by 5:00pm)
Week 9 - (5/10) Corporate Social Responsibility & Human Rights
Week 10 – (12/10) International Anti-trust/Competition Laws
Week 11 – (19/10) Protection of Intellectual Property
Week 12 – (26/10) Dispute Resolution in National Courts
Week 13 - (2/11) International Dispute Resolution
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
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required. Word limits will be strictly applied and work above the word limit will not be marked. All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Attendance
All Students are required to attend at least 80% of the scheduled course contact hours each Session.
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.
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
Student Support
Macquarie University provides a range of Academic Student Support Services. Details of these services can be accessed at http://students.mq.edu.au/support/
StudyWISE provides:
· Online learning resources and academic skills workshops http://www.mq.edu.au/learning_skills
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.
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 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 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.
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
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
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
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
Assessment tasks
- Class Participation (CP)
- 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
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
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
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
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
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
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
- Describe and analyse the regulatory framework and standards that govern international business transactions and relationships.
- Demonstrate a sophisticated knowledge and understanding of relevant international agreements and principles that influence international business, domestic legal regime and parties involved in cross-border dealings, and develop an analytical ability to critically assess their application.
- Evaluate the role of different institutions and organisations in guiding responsible business.
- Investigate the relationship between international and domestic regulations and the way in which Australia has endorsed those international standards.
- Identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions, and apply appropriate strategies to overcome these.
- Recognise the importance of different approaches to and methods of resolving disputes and address the strengths and weaknesses of the different procedures.
- Analyse hypothetical international legal problems, constructing and defending arguments in a well structured, reasoned, coherent and logical manner.
Assessment tasks
- Class Participation (CP)
- Problem Question
- Research Essay