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The emergence of Asia as an economic powerhouse is driving enormous interest in doing business in the region. This subject provides students with an opportunity to examine commercial law in an Asian context. Although parallels can be drawn between Asian jurisdictions in terms of their economic and legal development, their commercial law systems are too diverse to be treated uniformly. Instead, the focus is on analysing key legal aspects of doing business in Asia – including contracts, business entities, international trade, competition law, dispute resolution and the role of lawyers – by reference to systems and case studies in various Asian jurisdictions. Singapore and Australia will be used as reference jurisdictions. The lecturer previously worked as a lawyer and academic in Australia, Hong Kong and Singapore and has written extensively on specific Asian business law topics.
Principal topics include:
- Introduction to economic, political and cultural context of Asian laws
- Commercial contracts
- Business entities
- Foreign investment
- Overview of World Trade Organization and international trade regulation
- Competition law
- Overview of finance and capital markets
- Courts and dispute resolution in Asia
- The role and regulation of lawyers.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the theoretical and practical challenges to the study of Asian legal systems from the perspective of commercial law, including recent trends in this area
- Be able to critically examine, analyse, interpret and assess the effectiveness of specific aspects of Asian commercial laws, such corporate law and competition law, in their respective contexts
- Be an engaged participant in debate regarding the effectiveness of courts and alternative dispute resolution methods in specific Asian jurisdictions from the perspective of resolving commercial disputes
- Have an advanced understanding of how economic, cultural and political factors can affect the functioning of commercial law in key Asian jurisdictions, especially in the context of foreign investment and international trade
- Have a detailed understanding of specific case studies which demonstrate various legal issues encountered when contracting or undertaking commercial transactions in Asia
- Have the cognitive and technical skills to generate critical and creative ideas relating to Asian commercial law and to critically evaluate specific proposals in this area of law and practice
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging issues in Asian commercial law
- Have the communication skills to clearly articulate and convey complex information regarding specific issues in Asian commercial law to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of Asian commercial laws.
Last updated: 2 December 2019