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Commercial Law in Asia (LAWS70230)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
July
Lecturer
Associate Professor Benny Tabalujan, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July |
---|---|
Fees | Look up fees |
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: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Students who have completed any of the below subjects are not permitted to take LAWS70230 Commercial Law in Asia:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50080 | Deals In Asia Pacific | Semester 1 (On Campus - Parkville) |
12.5 |
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
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
- Take-home examination (5,000 - 6,000 words) (100%) (5 - 8 October)
or - Research paper (8,000 - 10,000 words) (100%) (8 October) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- July
Principal coordinator Benny Tabalujan Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Teaching period 24 July 2018 to 6 September 2018 Last self-enrol date 31 January 2018 Census date 10 August 2018 Last date to withdraw without fail 14 September 2018 Assessment period ends 8 October 2018 July contact information
Lecturer
Associate Professor Benny Tabalujan, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Asian Law Course Graduate Diploma in Legal Studies Course Juris Doctor Course Master of Commercial Law Course Master of Law and Development Course Master of Laws Course Master of Public and International Law - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022