Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group activities on campus, and most will keep an online version available to those students unable to return or those who choose to continue their studies online.
To check the availability of face-to-face and online activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Sonya Willis
Contact via iLearn
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Credit points |
Credit points
10
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Prerequisites |
Prerequisites
Admission to LLM or MIntTrdeComLaw or (admission to JD and 80cp in LAW or LAWS units at 6000 level or above)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
International Commercial Law examines contract law as it applies in an international context, addressing, in particular; the international sale of goods; Incoterms, contracts of sale under the Vienna Sales Convention; contracts for carriage of goods by sea, air and land; and bills of exchange, marine insurance and letters of credit in international trade. This unit incorporates analyses of different legal systems, an introduction to conflicts of law as well as political contexts underpinning the operation of this body of law. International commercial arbitration is highlighted as the key mode of dispute settlement for international contractual disputes. |
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Late Submission Penalty
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.
Name | Weighting | Hurdle | Due |
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Early Feedback Quiz | 10% | No | Monday, 15 March 2021 |
Tutorial Presentation | 20% | No | In tutorial on nominated dates |
Preparation of legal advice | 30% | No | Wednesday, 28 April 2021, 9am |
Take Home Hypothetical Legal Problem Test | 40% | No | Monday, 14 June 2021, 1:00pm |
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: Monday, 15 March 2021
Weighting: 10%
Students will complete a brief quiz involving multiple choice questions on material covered in the first weeks of the Unit. The quiz is designed to provide students with early feedback on their aptitude for the unit.
Assessment Type 1: Presentation
Indicative Time on Task 2: 15 hours
Due: In tutorial on nominated dates
Weighting: 20%
Students must contribute in class through an on call presentation and contributions across the semester. The time for this task will be covered in tutorials.
Assessment Type 1: Professional writing
Indicative Time on Task 2: 35 hours
Due: Wednesday, 28 April 2021, 9am
Weighting: 30%
Students will advise a client on a contentious hypothetical international commercial sale scenario (or scenarios) assessing students’ ability to independently research contentious issues, and to identify, analyse and appraise the legal issues covered throughout the first part of the course in a clear, concise and logical manner with reference to appropriate authorities. Students will be required to identify relevant factual issues and to research and apply appropriate law. This assessment and the feedback provided will assist student preparation for the final assessment.
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 15 hours
Due: Monday, 14 June 2021, 1:00pm
Weighting: 40%
Timed assessment answering problem questions from a hypothetical international commercial sale scenario or scenarios assessing students’ ability to identify, analyse and appraise the legal issues covered throughout the course in a clear, concise and logical manner with reference to appropriate authorities. Students will be required to identify relevant factual issues and apply appropriate law
1 If you need help with your assignment, please contact:
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
This course will be delivered via lectures and tutorials. Students will be assessed on their participation in the tutorial questions set out for each week in iLearn, particularly their nominated on-call tutorials. Tutorials will commence on Week 1 for internal students with an introductory tutorial. For all other tutorials, the tutorial questions are based on the preceding week's lecture and readings.
Recommended Reading
There is no compulsory text for this unit but students looking for a textbook which covers the topics addressed in this Unit should acquire a copy of:
John Mo, International Commercial Law (LexisNexis, Butterworths, 6th ed, 2015).
This text is now somewhat out of date but provides a useful introduction to many of the key concepts covered in International Commercial Law.
Weekly reading schedule/list will be posted on iLearn and through Leganto.
Please note lectures and tutorials (for internal students) will commence in Week 1 and lectures will be available through Echo 360/iLearn. Weekly readings and tutorial questions will be available to enrolled students via iLearn. Tutorials (other than Tutorial 1) will be based upon the preceding week’s lecture and readings. Attendance and participation will be recorded at weekly seminars/tutorials and will affect participation grades.
LECTURE SCHEDULE:
Part 1: Law for Buyers and Sellers in International Commercial Transactions
Week 1 - Introduction - Standard Trade Terms and Electronic Commerce
Week 2 - Contracts of Sale Under the CISG
Part 2: Law for Interactions with Other Parties to International Commercial Transactions (Shippers/transporters, Insurers and Banks)
Week 3 - Transport of Goods by Sea and Air
Week 4 - Transport of Goods by Sea and Air (cont)
Week 5 - Marine Insurance
Week 6 - Financing International Transactions; Letters of Credit
Mid-Session Break – Includes first online day for external students
Part 3: Resolving international commercial disputes between parties
Week 7 -Conflicts of Law between Courts: Jurisdiction and Choice of Law
Week 8 - International Commercial Arbitration: Institutions and Agreements
Week 9 - International Commercial Arbitration and Courts: Enforcement
Part 4: State/Treaty Influence on International Commercial Transactions
Week 10 - International, Multilateral and Bilateral Trade Related Treaties
Week 11 - Intellectual Property in International Transactions
Week 12 - Fighting Corruption in International Commercial Transactions
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
If you are a Global MBA student contact globalmba.support@mq.edu.au
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.
The assessment for LAWS8098 has changed. Students are no longer required to undertake a research essay and essay plan. Instead, students will complete a hypothetical assignment and the end of semester examination will be a more substantial assessment. Class participation is now worth 20% and students will be on call for 2 tutorials.
Unit information based on version 2021.02 of the Handbook