Students

ACCG970 – Chinese Trade and Investment Law

2018 – S2 Evening

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor and lecturer
Dr Patricia Blazey
Contact via 98507683
240
Monday 4pm to 5 pm
Moderator
Dr/ Assoc Professor Hope Ashiabor
Credit points Credit points
4
Prerequisites Prerequisites
ACCG614 or (admission to MAdvProfAcc or MIntBus)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit broadens students' understanding of contemporary China's commercial law system, from both international and national perspectives. As China's Five Year Plans are crucial to understanding how China has developed and continues its development, they will be explored in detail in this unit. It also explores major changes in law and policies regarding labour issues, company, Corporate Governance, and foreign investments. China, the second largest economy in the world, has to address the downside of production exhibited through the environmental degradation of its air quality, water and waste. As these issues and that of energy production are the focus of China's development programs for the twenty-first century, they are examined in the latter part of this unit.

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:

  • Explain the importance of guanxi and business culture as it operates in China.
  • Identify, explain and critique issues concerning the characteristics and principal elements of Chinese commercial law.
  • Carry out effective legal research relevant to the Chinese commercial legal system.

Assessment Tasks

Name Weighting Hurdle Due
Class Participation 20% No ongoing
Presentation 30% No as allocated
Assignment 50% No 19 November 2018

Class Participation

Due: ongoing
Weighting: 20%

Description

Students are required to participate in the weekly class seminar discussions and reflective activities.  Weekly attendance at the seminars is compulsory.  Students are required to prepare the material to be discussed in the seminar in advance of the seminar which will be posted on iLearn.

A roll will be taken each week documenting attendance.  A student who is absent for a seminar will be considered as not participating in that seminar.  

Assessment

A rubric on how students area assessed in the seminar is to be found on iLearn.

Estimated Student Workload (outside class time): on average, 2 - 2.5 hours per week from Week 1 to Week 13.


On successful completion you will be able to:
  • Explain the importance of guanxi and business culture as it operates in China.
  • Identify, explain and critique issues concerning the characteristics and principal elements of Chinese commercial law.
  • Carry out effective legal research relevant to the Chinese commercial legal system.

Presentation

Due: as allocated
Weighting: 30%

Description

Students will present power points in relation to their chosen research topic in class.

Submission details 

Students are required to submit a 100 word abstract and submit power point slides in advance of their presentation  to the lecturer for approval. Each student will be allocated a date for their presentation which will take place in one of the seminars after 13 August.

The topic areas which students can undertake their presentations and subsequently their  research  essays are listed below. If a student wishes to research outside of these topic areas they must gain approval from the unit co-ordinator.

  • Foreign investment law
  • Energy law, renewable energy
  • Electronic commerce
  • Sustainable development in China
  • Climate change and atmospheric pollution in China
  • Property law
  • Land Law
  • Australia/China Trade Agreement
  • Labour law
  • Chinese import and export policy and laws
  • Water pollution in China
  • Waste disposal in  China
  • Company law
  • Contract law

A rubric on how these presentations are assessed is to be found on iLearn.

Penalties

Students who have not submitted the task prior to the date of their presentation will be awarded a mark of ) for the task except in cases in which an application for special consideration is made and approved.

Estimated Student Workload (outside class time): on average, 2.5 - 3 hours per week from Week 1 to the date of Class Presentation 


On successful completion you will be able to:
  • Identify, explain and critique issues concerning the characteristics and principal elements of Chinese commercial law.
  • Carry out effective legal research relevant to the Chinese commercial legal system.

Assignment

Due: 19 November 2018
Weighting: 50%

Description

Students are  required to submit a research assignment (excluding footnotes and bibliography: 3,800-4,000 words) by the due date. The research topic chosen by students requires significant research and an in depth analysis of the topic.  Detailed instructions regarding this assignment will be posted on iLearn. A marking rubric to the take home assignment task will be posted on i-Learn.

. The topic areas listed below are based on what a student has undertaken in his/her oral and power point presentation:  

  • Foreign investment law
  • Energy law, renewable energy
  • Electronic commerce
  • Sustainable development in China
  • Climate change and atmospheric pollution in China
  • Property law
  • Land Law
  • Australia/China Trade Agreement
  • Labour law
  • Chinese import and export policy and laws
  • Water pollution in China
  • Waste disposal in  China
  • Company law
  • Contract law                 

Submission details

There are 2 requirements.

1. All  assignments must be submitted  before 4:00 p.m. on 19 November 2018 via Turnitin on the iLearn site of this unit.

2. Students must also submit a printed copy to BESS. Students must hand in the Assignment before 4:00 p.m. on 19 November 2018 

Do NOT submit via TURNITIN more than once.   It is the student’s responsibility to ensure that work is submitted correctly prior to the due date . 

Penalties

No extensions will be granted.   This penalty does not apply for cases in which an application for special consideration is made and approved.  

Estimated Student Workload (outside class time): on average 4 - 5 hours to 19 November 2018. 


On successful completion you will be able to:
  • Identify, explain and critique issues concerning the characteristics and principal elements of Chinese commercial law.
  • Carry out effective legal research relevant to the Chinese commercial legal system.

Delivery and Resources

Seminars

The lecture component of seminars will be recorded where appropriate. When a lecture is given power point slides will be posted on iLearn prior to the lecture. These outlines are only core notes and are not intended to be treated as stand alone resources nor in place of seminar attendance. They are provided for your convenience. You cannot rely on these outlines to the exclusion of the allocated reading tasks for each week. You are expected to prepare your own notes from the prescribed readings set out on the seminar guide posted on iLearn. It is essential that adequate preparation is undertaken before each seminar  in order for the full benefit to be gained.

Students are expected to attend and participate in at least 10 out of 12 seminar's during the session. Failure to do so will result in 0.5 marks per missed seminar being deducted from the overall seminar participation mark that would have been allocated to you.  In cases where classes have been missed because of illness or misadventure it is up to the student to provide the relevant documentation such as medical certificates or other reports. The documentation must be lodged with BESS  in accordance with the special consideration application procedure.  

Students are expected to arrive on time and not to leave unit the class ends. Students who disturb or disrupt in classes will be asked to leave.

CONSULTATIONS

Staff teaching in the unit will be available for individual consultation with students. A timetable of when staff will be available will be posted on the unit i-Learn site. Students experiencing difficulties with any topic in the unit must seek assistance immediately. You are encouraged to seek help at a time that is convenient to you from a staff member teaching in this unit during their regular consultation hours. In special circumstances an appointment may be made outside their regular consultation hours.

Required and Recommended Texts and/or Materials

Required Texts and Materials

  • Textbook: Patricia Blazey and Kay-Wah Chan, Commercial Law of the People’s Republic of China (Sydney, Thomson Lawbook, 2012). It can be purchased from the Macquarie University Coop Bookshop.
  • Materials that students are required to bring to classes (as specified in the Seminar Instructions on the iLearn site). These materials are available on the Internet or through database(s) subscribed by the Macquarie University Library (details to be specified in the Seminar Instructions on the iLearn site).

 

Recommended Texts and/or Materials

  • Patricia Blazey and Kay-Wah Chan (ed), The Chinese Commercial Legal System (Sydney, Thomson Lawbook, 2008). It can be purchased from the Macquarie University Co-op Bookshop.
  • Recommended (not mandatory) readings as described in the Seminar Instructions (on the iLearn site).

 

Technology Used and Required

Access to the Internet is required in order to access i-Learn for seminar instructions and announcements and for research purposes. This Unit's iLearn site is to be found at ilearn.mq.edu.au. 

The Macquarie University library’s Information and Technology Training Unit (ITTU) provides a range of computing and library research skills. 

 

 

Unit Schedule

 

SEMINAR TOPICS

READINGS Textbook and notes

Seminar 1

30 July

Introduction to Unit

Doing Business in China

Guanxi

Chinese Culture

 

Chapter 1

Blazey and Chan

Lecture notes

Seminar 2

6 Aug

Government

The Constitution and Governmental System

 

 

 

Chapter 3

Blazey and Chan

 Lecture notes

Seminar 3

13 Aug

The Legal System

Court Structure , Civil Procedure Law

presentations

 

Chapters 4 and 5

Blazey and Chan

Lecture notes

Seminar 4

20 Aug

Economic Plans and Trade Agreements

Five Year Plans,

Gross Domestic Product

Australia China Trade Agreement

presentations

Chapter 2

Blazey and Chan

Lecture notes

 

Seminar 5

 27 Aug

 

Contractual relations

Contract Law

presentations

 

Chapters 6 and 7 

Blazey and Chan

 lecture notes

Seminar 6

3 Sept

Contractual Relations

Agency Law

presentations

 

Chapters 6 and 7 

Blazey and Chan

 lecture notes

Seminar 7

10 Sept

The Laws of Property and Land Onwership

Property Law

Land Law

presentations

 

Chapter 8

Blazey and Chan

lecture notes

 

 

Mid Term Break

 

Seminar 8

1 Oct

Company Law

presentations

 

Textbook Chapters 12  13

Blazey and Chan

 Lecture notes

Seminar 9

8 Oct

Foreign Investment Law

presentations

 

Textbook Chapters 18 19

Blazey and Chan

Lecture notes

Seminar 10

15 Oct

Labour law

presentations

 

Chapter 11

Blazey and Chan

Lecture notes

Seminar 11

22 Oct

Energy  Production

Energy Law

Renewable Energy

Conservation of Energy

presentations

Chapter 23

Blazey and Chan

Lecture notes

 

Seminar 12

 29 Oct

Environmental Law

presentations

 

 

 

Chapters 23, 24, 25 & 26 

Blazey and Chan

Lecture notes

 

 

Seminar 13

5 Nov

Pollution

Climate Change

 Air Pollution

presentations

Chapters 23, 24, 25 & 26 

Lecture notes

 

12 Nov

Pollution and Waste

Water Pollution

Waste Management

 Plastic waste

presentations

 

Chapters 23, 24, 25 & 26 

Lecture notes

 

 

 

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/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 - 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

  • Explain the importance of guanxi and business culture as it operates in China.
  • Identify, explain and critique issues concerning the characteristics and principal elements of Chinese commercial law.
  • Carry out effective legal research relevant to the Chinese commercial legal system.

Assessment tasks

  • Class Participation
  • Presentation
  • Assignment

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

  • Explain the importance of guanxi and business culture as it operates in China.
  • Identify, explain and critique issues concerning the characteristics and principal elements of Chinese commercial law.

Assessment tasks

  • Presentation
  • Assignment

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

  • Identify, explain and critique issues concerning the characteristics and principal elements of Chinese commercial law.
  • Carry out effective legal research relevant to the Chinese commercial legal system.

Assessment tasks

  • Class Participation
  • Presentation
  • Assignment

Changes from Previous Offering

With regard to the class presentation students are required to submit both power points and an abstract to the unit convenor prior to their presentation

Research and Practice, Global and Sustainability

Research and Practice

1. This unit uses research by Macquarie University researchers:

  • Patricia Blazey and Xiangbai He, "China’s Past, Present and Future approach to Climate Change" in S. Miyazawa et al. (eds) East Asia’s Renewed Respect for the Rule of  Law in the 21st Century: The Future of Legal and Judicial Landscapes in East Asia (Brill, 2015) 213-242.  
  • Patricia Blazey, "Will China's 12th Five Year Plan Allow for Sufficient Nuclear Power to Support its Booming Economy in the Next Twenty Years" (2012) Pacific Rim Law & Policy Journal 21(3): 461-484.
  • Kay-Wah Chan, "The Global Financial Crisis and Labor Law in China" (2012) The Chinese Economy 45(3): 24-41.
  • Patricia Blazey, "Approaches to Increasing Desertification in Northern China" (2012)The Chinese Economy 45(3): 88-101.
  • Patricia Blazey and Kay-Wah Chan, Commercial Law of the People's Republic of China (Sydney, Thomson Reuters, 2012).
  • Patricia Blazey and Kay-Wah Chan (ed), The Chinese Commercial Legal System (Sydney, Thomson Lawbook, 2008).
  • Kay-Wah Chan, "China’s Labour Law in Transition" in John Garrick (ed) Law Wealth and Power in China: Commercial Law Reforms in Context(Routledge, 2011) 163-181.
  • Patricia Blazey and P Gillies, "China – Growth and Current Challenges" Business Law JournalJune 2009.
  • Patricia Blazey and P Gillies, "Recognition and Enforcement of Foreign Judgments in China" International Journal of Private Law November 2008.
  • Patricia Blazey, "China’s Rapid Economic Growth and Resultant Negative Externalities"University of New South Wales Law Journal November 2007.

2. This unit uses research from external sources: 

    See the Required Reading List above and Class Activity Instructions.

 

Global and Sustainability

This unit addresses global and sustainability issues as direct areas of study and/or as necessary implications arising from the materials, assessment and academic discussion and debate in classes.  We promote sustainability by developing ability in students to research and locate information within the Chinese law discipline.  We aim to provide students with an opportunity to obtain skills which will benefit them throughout their career.  The global contexts of this unit are found in the contents of the unit (as it is a Chinese Trade and Investment Law unit), including the contents of the seminars and its assessments tasks.