Students

LAWS8098 – International Commercial Law

2024 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Lisa Spagnolo
Credit points Credit points
10
Prerequisites Prerequisites
Admission to LLM or MIntTrdeComLaw or (Admission to JD and LAWS600 or LAWS8001)
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; 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.

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:

  • ULO1: Demonstrate comprehension of the regulatory framework and standards that govern International Sales of Goods.
  • ULO2: Understand the legal aspects of international commercial transactions, and identify legal issues, problems and risk factors that a business entity may encounter in operating cross-border transactions.
  • ULO3: Demonstrate a sophisticated knowledge and understanding of relevant laws and conventions that influence international commercial transactions by sea and air
  • ULO4: Explain the importance of risk in international commercial transactions and demonstrate a working knowledge of international insurance process and procedures.
  • ULO5: Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well-structured, reasoned, coherent and logical manner.
  • ULO6: Demonstrate the ability to independently research contentious and timely issues in international commercial law.

General Assessment Information

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 topics 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. Note that tutorial topics follow in the same order as lecture topics, but this will be clarified separately for Internal and External classes. Please note that availability of spots is limited so trying to book the last sessions in the semester often causes serious difficulties when it transpires that the student is unexpectedly unable to attend the nominated session. It is your responsibility to book these sessions, and to attend your booked session. 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. You will only be permitted to rebook a missed session if you obtain Special Consideration for your absence.

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.

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-time-sensitive assessment (including essays, reports, posters, portfolios, journals, recordings, etc. For example, the Assignment ‘Preparation of Legal Advice’).

Late submission of time-sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs, etc. – for example, the Take Home Test) will only be addressed by the unit convenor in a Special Consideration application. Special Consideration outcome may result in a new question or topic.

Submission Instructions: Students should carefully check that they submit the correct file for an assessment as no resubmissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.

Word limits will be strictly applied and work above the word limit will not be marked. Footnotes are only to be used for referencing. Substantive material in footnotes will not be marked.

All assessments in the unit are to be submitted electronically via Turnitin. Plagiarism detection software is used in this unit.

Unless instructed otherwise, all assessments must be appropriately referenced, applying the Australian Guide to Legal Citation (4th ed). The Guide is available here <https://law.unimelb.edu.au/mulr/aglc>.

Assessments must be submitted in Word and must employ double (i.e., 2.0) spaced text and 12 point, Times New Roman font. Headings and subheadings should be used where appropriate. No bibliographies are required.

Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process to establish a common marking standard and all Fail papers are double marked.

Assessment Tasks

Name Weighting Hurdle Due
Preparation of legal advice 40% No Tuesday 30 April 2024 11:55PM (Syd time)
Class Participation 20% No 2 x on-call + participation in all tutorials
Take Home Test 40% No Friday 7 June 2024 10am-1pm (Syd time)

Preparation of legal advice

Assessment Type 1: Professional writing
Indicative Time on Task 2: 15 hours
Due: Tuesday 30 April 2024 11:55PM (Syd time)
Weighting: 40%

 

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.

 


On successful completion you will be able to:
  • Demonstrate comprehension of the regulatory framework and standards that govern International Sales of Goods.
  • Understand the legal aspects of international commercial transactions, 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 international commercial transactions by sea and air
  • Explain the importance of risk in international commercial transactions and demonstrate a working knowledge of international insurance process and procedures.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well-structured, reasoned, coherent and logical manner.
  • Demonstrate the ability to independently research contentious and timely issues in international commercial law.

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: 2 x on-call + participation in all tutorials
Weighting: 20%

 

Student participation in tutorial discussions, debates and/or presentations

 


On successful completion you will be able to:
  • Demonstrate comprehension of the regulatory framework and standards that govern International Sales of Goods.
  • Understand the legal aspects of international commercial transactions, 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 international commercial transactions by sea and air
  • Explain the importance of risk in international commercial transactions and demonstrate a working knowledge of international insurance process and procedures.

Take Home Test

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 15 hours
Due: Friday 7 June 2024 10am-1pm (Syd time)
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

 


On successful completion you will be able to:
  • Demonstrate comprehension of the regulatory framework and standards that govern International Sales of Goods.
  • Understand the legal aspects of international commercial transactions, 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 international commercial transactions by sea and air
  • Explain the importance of risk in international commercial transactions and demonstrate a working knowledge of international insurance process and procedures.
  • Analyse hypothetical international legal problem scenarios via constructing and defending arguments in a well-structured, reasoned, coherent and logical manner.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

Delivery:

Internal students - Online lectures + 1 hour weekly tutorials (face to face). See "Welcome Letter" and Timetable. Topics covered in each tutorial will generally cover the material in the lectures from the week before. Questions for each week's tutorial appear under the heading for that week. For example, Week 2 tutorial questions appear under the Week 2 topic heading. 

External students - Online lectures + 6 x 2 hour tutorials online. See "Welcome Letter" and Timetable. Topics covered in each tutorial will generally cover material from 2 (but sometimes 3) lectures. A schedule of topics for each tutorial will appear on iLearn under 'Assessments' near 'Participation'.

Resources:

See iLearn linked resources and Leganto. Additionally, textbook: 

Giovanni Di Lieto & David Treisman (eds), International Trade Law (Federation Press, 2018).

 

 

Unit Schedule

 

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

 

TUTORIAL SCHEDULE – INTERNAL STUDENTS ONLY

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

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

  • Mid-Session Break – 

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 - Environmental/other matters affecting International Commercial Transactions

 

Policies and Procedures

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.

Student Code of Conduct

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

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 connect.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

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.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

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. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via the Service Connect Portal, or contact Service Connect.

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.

Changes from Previous Offering

The topic of lectures for Week 12 has changed.

Previous assessment item of Quiz (10%) has been omitted. The Assignment previously worth 30% is now worth 40%.

 


Unit information based on version 2024.02 of the Handbook