|Year of offer||2019|
|Subject level||Graduate coursework Level 7|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
This subject is a basic 'how-to' on international business transactions and is essential for those wishing to practise international trade law. The subject intentionally covers a vast array of related topics, with the focus being on the legal issues faced by practising lawyers in the field. Particular emphasis is placed on issues such as trade terms, international sales of goods, documentary credits, carriage of goods, customs and border regulations. This subject also considers several issues relating to international trade, such as intellectual property rights, licensing, franchising and governmental measures regulating investment. Such coverage ensures students are exposed to the most important and frequent issues facing the practising trade lawyer.
Principal topics may include:
- Basic trade contracts and common trade terms
- Choice of law and choice of jurisdiction in international trade contracts
- The Vienna Convention on International Sale of Goods
- Payment systems, including documentary credits and collections
- Customs law, including classification and valuation of the goods
- Import and export restraints
- Regulatory issues and red tape
- Intellectual property rights, including parallel importation of goods
- Foreign direct investment.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding of how basic international trade transactions are structured and work in practice
- Be able to critically examine, analyse, interpret and assess trade terms and the text of treaties, legislation and contractual documents
- Understand and be able to engage with contemporary and controversial issues relating to international business law
- Have an advanced understanding of the relevant regulatory regimes governing basic international trade and investment transactions
- Have an understanding and appreciation for how trade transactions are financed and how risk is transferred
- Have the cognitive and technical skills to generate critical and creative ideas relating international business law, and to critically evaluate existing case law, principles and concept
- Have the cognitive and technical skills to independently examine, research and analyse complex legal issues relating to various aspects of an international business transaction
- Have the communication skills to clearly articulate and convey complex information regarding various aspects of an international business transaction to relevant specialist and non-specialist audiences.
Eligibility and requirements
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.
Core participation requirements
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
- Class participation (10%)
- Take-home examination (5,000 - 6,000 words) (90%)
- May: 21 - 24 June
- October: 22 - 25 November
- Research paper (7,500 - 9,000 words) (90%) on a topic approved by the subject coordinator
- May: 31 July
- October: 8 January 2020
A minimum of 75% attendance is a hurdle requirement.
Quotas apply to this subject
Dates & times
Principal coordinator Bryan Mercurio Mode of delivery On Campus — Parkville Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 10 April 2019 Pre teaching requirements 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. Teaching period 8 May 2019 to 14 May 2019 Last self-enrol date 31 January 2019 Census date 8 May 2019 Last date to withdraw without fail 21 June 2019 Assessment period ends 31 July 2019
May contact information
Mode of delivery On Campus — Parkville Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 11 September 2019 Pre teaching requirements 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. Teaching period 9 October 2019 to 15 October 2019 Last self-enrol date 31 July 2019 Census date 9 October 2019 Last date to withdraw without fail 29 November 2019 Assessment period ends 8 January 2020
October contact information
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.
Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- 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 firstname.lastname@example.org 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.