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This subject will be taught intensively in Shanghai and Hong Kong with the support of various host institutions and will examine, from an advanced and specialist perspective, economic and commercial law in Asia by reference to key transactions and key areas of substantive law, including:
- Trade and investment law;
- International commercial arbitration;
- Corporate mergers and acquisitions (including business vehicles);
- Property law;
- Finance and insolvency; and
- Economic and business law reform.
The subject aims to equip students with an expert knowledge of key areas of economic and commercial law governing transactions in Asia, including the role of lawyers and the practical skills that they require in order to perform their role effectively. Through learning about the law governing transactions in selected Asian jurisdictions, students will develop an ability to examine law from a comparative perspective and will gain an advanced, integrated understanding of the nature of commercial practice in the region. The teaching methodology will incorporate a transactions-based, skills-based approach and will be enhanced through guest lectures from commercial law practitioners in Asia and representatives of host institutions.
Intended learning outcomes
A student who has successfully completed this subject should have an advanced understanding of, and be able to critically analyse:
- Fundamental aspects of the practice of commercial law in Asia and the importance of understanding the different models and approaches;
- The structure and operation of selected legal systems in Asia;
- The interaction and different dynamics between policy, legal systems and commercial laws in Asia;
- The role of commercial lawyers and the skills that they need in order to perform their role effectively;
- The utility and limitations of comparative analyses of laws;
- Practical case studies relating to commercial transactions in Asia;
- Apply this understanding and analytical capacity to new situations and contexts; and
- Communicate their analysis in appropriate scholarly and professional formats.
On completion of the subject students should have developed and demonstrated their skills in the following areas:
- Cognitive skills to demonstrate mastery of theoretical knowledge and to apply that knowledge (including core legal principles and concepts studied in compulsory JD subjects) in the context of commercial practice in Asia;
- Cognitive, technical and creative skills to investigate, analyse and synthesise complex information, problems and concepts in a cross-jurisdictional context and from a comparative law perspective;
- Cognitive, technical and creative skills to generate and evaluate complex ideas and concepts at an abstract level and the ability to translate those abstract ideas and concepts to practical problems, demonstrated in classroom discussion of practical problems and in the interim assessment task;
- Communication and technical skills to design, evaluate, implement, analyse and advise on complex legal structures and issues to specialist and non-specialist audiences; and
- Technical skills in relation to advising clients, negotiating transactions and drafting legal documentation for commercial transactions in Asia.
Last updated: 3 November 2022