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Commercial Law In Asia (LAWS50088)
Graduate coursework level 5Points: 12.5Not available in 2018
Overview
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This subject examines the law and practice relating to commercial transactions in a single Asian jurisdiction and will be offered by country specialists. The countries that may be examined include China, Viet Nam, Indonesia, Japan, India or Korea. This subject will provide graduates with expert, specialist knowledge about the domestic legal regime governing commercial transactions, the conditions of commercial practice and the international rules that impact on these domestic regulatory regimes.
Topics covered may include: trade and investment policy, contract, property, trade in goods and services, investment, finance, corporations law, securities regulation, competition law and policy, commercial dispute resolution including arbitration and litigation and insolvency. A series of hypothetical transactions will be used throughout the subject to provide students with an opportunity to integrate an understanding of law and its relationship to practice in depth in a specific area of corporate life.
Drawing upon the set reading, students will develop their own research proposals. All readings will be in English, and students are neither expected nor required to read an Asian language for satisfactory completion of this course.
This subject provides students with expert, specialised knowledge and skills for the purposes of research and professional practice about the law and practice of commercial transactions in a single jurisdiction.
Intended learning outcomes
A student who has successfully completed this subject should have an advanced and integrated understanding of, and be able to analyse critically and reflect on:
- The substantive law regulating commercial transactions such as contract, trade, investment and finance in the selected jurisdiction;
- The structure and operation of domestic legal regimes and their policies for doing business in the selected Asian jurisdiction;
- The interaction between policy, law and institutional capacity in formulating and implementing commercial laws;
- Practical aspects of trade and investment and case studies relating to business and investment in the selected Asian country;
- Arguments and analyses about the role that law may play in the regulation and enforcement of commercial transactions; and
- Comparative methodologies for understanding and evaluating the regulation of commercial transactions.
In addition, a student who has completed the subject will have obtained:
- The ability to integrate knowledge from a range of disciplines and to apply this understanding to new situations and contexts; and
- A highly developed ability to communicate their analysis effectively in appropriate scholarly and professional formats.
Generic skills
On completion of the subject students should have developed and demonstrated expert skills in the following areas:
- The capacity to locate and critically evaluate a range of primary and secondary source materials to investigate the regulation of commercial transactions in the selected Asian jurisdiction;
- The capacity to apply core legal principles and concepts (building upon and extending beyond those in compulsory JD subjects) in analysing a commercial transaction in an Asian jurisdiction and from a comparative law perspective;
- The capacity for critical and independent thought and reflection, as well as intercultural sensitivity and understanding;
- An expanded capacity for legal research involving interdisciplinary materials;
- The capacity to identify and solve legal problems at an advanced level and to apply those solutions to complex commercial transactions; and
- The capacity to prepare and present sophisticated oral and written argument and defend that argument, to demonstrate rigorous legal analysis and to understand the practical environment in which the law is practised.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
Semester 1 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50035 | Corporations Law | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Students cannot enrol in this subject if they have previously undertaken the following subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70230 | Commercial Law in Asia | July (On Campus - Parkville) |
12.5 |
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Students will prepare a 600 word research proposal on a topic of their choice in consultation with the coordinator. Students will then obtain and incorporate feedback from class mates and the coordinator. The research essay proposal is a hurdle requirement that will be assessed on a pass/resubmit basis;
- Research essay of 6,000 words due in accordance with the assessment schedule. Research essays are expected to demonstrate a sophisticated understanding of the substantive subject matter and the methodological approaches relevant to their area of research. In addition they should integrate a highly developed understanding of the legal regulatory regime with an appreciation the practical environment in which commercial relations are transacted.
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2018
Time commitment details
144 hours
Additional delivery details
This subject has a quota.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Specialist printed materials will be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022