Unit convenor and teaching staff |
Unit convenor and teaching staff
Lisa Spagnolo
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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 LAWS600 or LAWS8001)
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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:
Both internal & external students: Attendance and participation will be recorded at every tutorial and will affect participation grades. Both internal and external students must book the 2 tutorial sessions when they will be ‘On Call’ during the tutorials as soon as the semester commences. This can be done through contacting the Convenor by messaging via iLearn. Please note that availability of spots is limited so trying to book the last sessions in the semester often causes difficulties when it transpires that the student is unexpectedly unable to attend the nominated session. It is your responsibility to book these sessions, and only limited spots are available for each topic. It is therefore recommended that you book for as early as possible in the semester. You must nominate two tutorial topics across the semester. Your ‘On Call’ participation will be graded and will form the basis for your participation mark. Your consistency in attending and actively participating throughout the semester will be taken into account also, and your ‘On Call’ participation mark will be adjusted to reflect this.
Your ‘On Call’ tutorial participation is your opportunity to shine! You will be given a chance to address the tutorial questions first, before other students who are not on call are invited. As the ‘On Call’ tutorials account for much of your participation mark, you should make the most of the chance to prepare for those sessions.
Do you want to ensure that you receive recognition for your preparation by taking on the extra challenge of participating in a simulated arbitration? The tutorial topic on dispute resolution offers you a special opportunity to be extra prepared. We run a practice strategy session in the prior week, and you can consult with the Convenor about your preparation. Most students who take on the simulated moot achieve much higher scores than the average on call, and their extra effort is rewarded in that they only need do the one topic rather than two. You need not have mooted before, and I guarantee that, although challenging, you will find the experience rewarding. Please indicate early if you would like to do the moot session.
Name | Weighting | Hurdle | Due |
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Early Feedback Quiz | 10% | No | 17/3/23 anytime but once opened 30 mins to complete |
Tutorial Presentation | 20% | No | Weeks 2-12, including on-call (x2) |
Preparation of legal advice | 30% | No | 11:55pm (Sydney time) 6/4/23 |
Take Home Test | 40% | No | 5/6/23 10am-1pm |
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: 17/3/23 anytime but once opened 30 mins to complete
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: Weeks 2-12, including on-call (x2)
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: 11:55pm (Sydney time) 6/4/23
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: 5/6/23 10am-1pm
Weighting: 40%
Timed assessment 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 recorded lectures (Echo360 on iLearn) and live 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. See ‘Unit Schedule’ below for details of tutorials, and see 'General Assessment' information below for details about 'On Call' participation.
Recommended Reading
There is no compulsory text for this unit but students looking for a textbook which covers the topics addressed in this Unit can acquire a copy of:
Giovanni Di Lieto & David Treisman (eds), International Trade Law (Federation Press, 2018).
Weekly reading schedule/list including additional materials and readings will be posted on iLearn and through Leganto.
All Students: Please note lectures will be available through Echo 360 on iLearn from the first week of semester. Weekly readings and tutorial questions will be available to enrolled students via iLearn.
Internal students: One hour tutorials will run on Wednesdays 3pm-4pm commencing in from the first week of the semester, then continue weekly.
External students: Your two hour tutorials from 7pm-9pm Mondays commencing 27/2/23, then continuing on 13/3/23, 27/3/23, 24/4/23, 8/5/23 & 22/5/23. Zoom links will be posted online for you to join the tutorials. Please ensure your camera is turned on.
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
At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
The Library provides online and face to face support to help you find and use relevant information resources.
Macquarie University offers a range of Student Support Services including:
Got a question? Ask us via AskMQ, or contact Service Connect.
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 final take home test now may include problem questions and short answer questions.
Late Assessment Submission Penalty
Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of‚ 0 (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.
This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic.
Unit information based on version 2023.02 of the Handbook