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Deals with China (LAWS70414)
Graduate coursework level 7Points: 12.5Not available in 2018
Overview
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This subject examines the legal issues and practical challenges that arise in relation to a cross-border transaction with China. Students will work through a type of foreign investment transaction (a joint venture), which will be used as a point of reference throughout the subject. In this way, students will develop an advanced and integrated understanding of the nature of a cross-border transaction with China (involving a foreign investor and assets in China) and also the legal issues that are relevant to each stage of the transaction. These issues will include the following:
- The legal and regulatory framework for foreign investment in China
- The different ways in which foreign investment is structured, including joint ventures and acquisitions
- The various stages of a foreign investment transaction in China
- Key legal issues arising in relation to documentation, including the impact of foreign investment law, contract law, property law, company law and private international law
- Mechanisms for resolving disputes, including arbitration clauses
- The regulation and role of lawyers in a deal with China and the theory behind the skills that they require, including advisory skills, drafting skills, cross-cultural communication skills and negotiation skills.
Principal topics will include:
- The Chinese legal system and foreign investment environment
- Preliminary agreements and deal stages
- Investment forms and company law
- Merger control
- Contract law
- Property law
- Dispute resolution
- Termination, insolvency and winding-up
- The role of lawyers
- Skills—drafting, negotiation and cross-cultural communication skills.
Intended learning outcomes
A student who has successfully completed this subject will have an advanced understanding of, and be able to critically analyse:
- Fundamental aspects of the practice of commercial law from the perspective of a foreign investment transaction with China and the importance of understanding the different models and approaches;
- The structure and operation of the Chinese legal system;
- The interaction and different dynamics between policy, legal systems and commercial laws in China;
- Practical commercial dispute resolution and contract management;
- The role of commercial lawyers and the importance of developing a commercial awareness so that lawyers can function effectively as legal advisors in a cross-border context;
- The challenges facing lawyers practising in a foreign jurisdiction; and
- Practical case studies relating to business and investment in China.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
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 (100%)
or - 10,000 word research paper (100%) on a topic approved by the subject coordinator
Last updated: 3 November 2022
Dates & times
Not available in 2018
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. 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
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Asian Law Course Graduate Diploma in Legal Studies Course Master of Commercial Law Course Master of Laws Course Master of Public and International Law - Links to additional information
law.unimelb.edu.au
- 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.
- 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